    [Congressional Bills 117th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 3684 Enrolled Bill (ENR)]

            H.R.3684

                        One Hundred Seventeenth Congress

                                     of the

                            United States of America

                              AT THE FIRST SESSION

               Begun and held at the City of Washington on Sunday,
              the third day of January, two thousand and twenty-one

                                     An Act

     To authorize funds for Federal-aid highways, highway safety programs,
                  and transit programs, and for other purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This Act may be cited as the ``Infrastructure
    Investment and Jobs Act''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:
    Sec. 1. Short title; table of contents.
    Sec. 2. References.

                       DIVISION A--SURFACE TRANSPORTATION

    Sec. 10001. Short title.
    Sec. 10002. Definitions.
    Sec. 10003. Effective date.

                          TITLE I--FEDERAL-AID HIGHWAYS

                     Subtitle A--Authorizations and Programs

    Sec. 11101. Authorization of appropriations.
    Sec. 11102. Obligation ceiling.
    Sec. 11103. Definitions.
    Sec. 11104. Apportionment.
    Sec. 11105. National highway performance program.
    Sec. 11106. Emergency relief.
    Sec. 11107. Federal share payable.
    Sec. 11108. Railway-highway grade crossings.
    Sec. 11109. Surface transportation block grant program.
    Sec. 11110. Nationally significant freight and highway projects.
    Sec. 11111. Highway safety improvement program.
    Sec. 11112. Federal lands transportation program.
    Sec. 11113. Federal lands access program.
    Sec. 11114. National highway freight program.
    Sec. 11115. Congestion mitigation and air quality improvement program.
    Sec. 11116. Alaska Highway.
    Sec. 11117. Toll roads, bridges, tunnels, and ferries.
    Sec. 11118. Bridge investment program.
    Sec. 11119. Safe routes to school.
    Sec. 11120. Highway use tax evasion projects.
    Sec. 11121. Construction of ferry boats and ferry terminal facilities.
    Sec. 11122. Vulnerable road user research.
    Sec. 11123. Wildlife crossing safety.
    Sec. 11124. Consolidation of programs.
    Sec. 11125. GAO report.
    Sec. 11126. Territorial and Puerto Rico highway program.
    Sec. 11127. Nationally significant Federal lands and Tribal projects
              program.
    Sec. 11128. Tribal high priority projects program.
    Sec. 11129. Standards.
    Sec. 11130. Public transportation.
    Sec. 11131. Reservation of certain funds.
    Sec. 11132. Rural surface transportation grant program.
    Sec. 11133. Bicycle transportation and pedestrian walkways.
    Sec. 11134. Recreational trails program.
    Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.

                 Subtitle B--Planning and Performance Management

    Sec. 11201. Transportation planning.
    Sec. 11202. Fiscal constraint on long-range transportation plans.
    Sec. 11203. State human capital plans.
    Sec. 11204. Prioritization process pilot program.
    Sec. 11205. Travel demand data and modeling.
    Sec. 11206. Increasing safe and accessible transportation options.

              Subtitle C--Project Delivery and Process Improvement

    Sec. 11301. Codification of One Federal Decision.
    Sec. 11302. Work zone process reviews.
    Sec. 11303. Transportation management plans.
    Sec. 11304. Intelligent transportation systems.
    Sec. 11305. Alternative contracting methods.
    Sec. 11306. Flexibility for projects.
    Sec. 11307. Improved Federal-State stewardship and oversight agreements.
    Sec. 11308. Geomatic data.
    Sec. 11309. Evaluation of projects within an operational right-of-way.
    Sec. 11310. Preliminary engineering.
    Sec. 11311. Efficient implementation of NEPA for Federal land management
              projects.
    Sec. 11312. National Environmental Policy Act of 1969 reporting program.
    Sec. 11313. Surface transportation project delivery program written
              agreements.
    Sec. 11314. State assumption of responsibility for categorical
              exclusions.
    Sec. 11315. Early utility relocation prior to transportation project
              environmental review.
    Sec. 11316. Streamlining of section 4(f) reviews.
    Sec. 11317. Categorical exclusion for projects of limited Federal
              assistance.
    Sec. 11318. Certain gathering lines located on Federal land and Indian
              land.
    Sec. 11319. Annual report.

                           Subtitle D--Climate Change

    Sec. 11401. Grants for charging and fueling infrastructure.
    Sec. 11402. Reduction of truck emissions at port facilities.
    Sec. 11403. Carbon reduction program.
    Sec. 11404. Congestion relief program.
    Sec. 11405. Promoting Resilient Operations for Transformative,
              Efficient, and Cost-saving Transportation (PROTECT) program.
    Sec. 11406. Healthy Streets program.

                            Subtitle E--Miscellaneous

    Sec. 11501. Additional deposits into Highway Trust Fund.
    Sec. 11502. Stopping threats on pedestrians.
    Sec. 11503. Transfer and sale of toll credits.
    Sec. 11504. Study of impacts on roads from self-driving vehicles.
    Sec. 11505. Disaster relief mobilization study.
    Sec. 11506. Appalachian Regional Commission.
    Sec. 11507. Denali Commission.
    Sec. 11508. Requirements for transportation projects carried out through
              public-private partnerships.
    Sec. 11509. Reconnecting communities pilot program.
    Sec. 11510. Cybersecurity tool; cyber coordinator.
    Sec. 11511. Report on emerging alternative fuel vehicles and
              infrastructure.
    Sec. 11512. Nonhighway recreational fuel study.
    Sec. 11513. Buy America.
    Sec. 11514. High priority corridors on the National Highway System.
    Sec. 11515. Interstate weight limits.
    Sec. 11516. Report on air quality improvements.
    Sec. 11517. Roadside highway safety hardware.
    Sec. 11518. Permeable pavements study.
    Sec. 11519. Emergency relief projects.
    Sec. 11520. Study on stormwater best management practices.
    Sec. 11521. Stormwater best management practices reports.
    Sec. 11522. Invasive plant elimination program.
    Sec. 11523. Over-the-road bus tolling equity.
    Sec. 11524. Bridge terminology.
    Sec. 11525. Technical corrections.
    Sec. 11526. Working group on covered resources.
    Sec. 11527. Blood transport vehicles.
    Sec. 11528. Pollinator-friendly practices on roadsides and highway
              rights-of-way.
    Sec. 11529. Active transportation infrastructure investment program.
    Sec. 11530. Highway cost allocation study.

         TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

    Sec. 12001. Transportation Infrastructure Finance and Innovation Act of
              1998 amendments.
    Sec. 12002. Federal requirements for TIFIA eligibility and project
              selection.

                 TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

    Sec. 13001. Strategic innovation for revenue collection.
    Sec. 13002. National motor vehicle per-mile user fee pilot.
    Sec. 13003. Performance management data support program.
    Sec. 13004. Data integration pilot program.
    Sec. 13005. Emerging technology research pilot program.
    Sec. 13006. Research and technology development and deployment.
    Sec. 13007. Workforce development, training, and education.
    Sec. 13008. Wildlife-vehicle collision research.
    Sec. 13009. Transportation Resilience and Adaptation Centers of
              Excellence.
    Sec. 13010. Transportation access pilot program.

                            TITLE IV--INDIAN AFFAIRS

    Sec. 14001. Definition of Secretary.
    Sec. 14002. Environmental reviews for certain tribal transportation
              facilities.
    Sec. 14003. Programmatic agreements for tribal categorical exclusions.
    Sec. 14004. Use of certain tribal transportation funds.
    Sec. 14005. Bureau of Indian Affairs road maintenance program.
    Sec. 14006. Study of road maintenance on Indian land.
    Sec. 14007. Maintenance of certain Indian reservation roads.
    Sec. 14008. Tribal transportation safety needs.
    Sec. 14009. Office of Tribal Government Affairs.

            DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

    Sec. 20001. Short title.
    Sec. 20002. Definitions.

                 TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

                      Subtitle A--Multimodal Freight Policy

    Sec. 21101. Office of Multimodal Freight Infrastructure and Policy.
    Sec. 21102. Updates to National Freight Plan.
    Sec. 21103. State collaboration with National Multimodal Freight
              Network.
    Sec. 21104. Improving State freight plans.
    Sec. 21105. Implementation of National Multimodal Freight Network.
    Sec. 21106. Multi-State freight corridor planning.
    Sec. 21107. State freight advisory committees.

                        Subtitle B--Multimodal Investment

    Sec. 21201. National infrastructure project assistance.
    Sec. 21202. Local and regional project assistance.
    Sec. 21203. National culvert removal, replacement, and restoration grant
              program.
    Sec. 21204. National multimodal cooperative freight research program.
    Sec. 21205. Rural and Tribal infrastructure advancement.

      Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

    Sec. 21301. RRIF codification and reforms.
    Sec. 21302. Substantive criteria and standards.
    Sec. 21303. Semiannual report on transit-oriented development
              eligibility.

                                 TITLE II--RAIL

    Sec. 22001. Short title.

                   Subtitle A--Authorization of Appropriations

    Sec. 22101. Grants to Amtrak.
    Sec. 22102. Federal Railroad Administration.
    Sec. 22103. Consolidated rail infrastructure and safety improvements
              grants.
    Sec. 22104. Railroad crossing elimination program.
    Sec. 22105. Restoration and enhancement grants.
    Sec. 22106. Federal-State partnership for intercity passenger rail
              grants.
    Sec. 22107. Amtrak Office of Inspector General.

                           Subtitle B--Amtrak Reforms

    Sec. 22201. Amtrak findings, mission, and goals.
    Sec. 22202. Composition of Amtrak's Board of Directors.
    Sec. 22203. Station agents.
    Sec. 22204. Increasing oversight of changes to Amtrak long-distance
              routes and other intercity services.
    Sec. 22205. Improved oversight of Amtrak accounting.
    Sec. 22206. Improved oversight of Amtrak spending.
    Sec. 22207. Increasing service line and asset line plan transparency.
    Sec. 22208. Passenger experience enhancement.
    Sec. 22209. Amtrak smoking policy.
    Sec. 22210. Protecting Amtrak routes through rural communities.
    Sec. 22211. State-Supported Route Committee.
    Sec. 22212. Enhancing cross border service.
    Sec. 22213. Creating quality jobs.
    Sec. 22214. Amtrak daily long-distance service study.

                   Subtitle C--Intercity Passenger Rail Policy

    Sec. 22301. Northeast Corridor planning.
    Sec. 22302. Northeast Corridor Commission.
    Sec. 22303. Consolidated rail infrastructure and safety improvements.
    Sec. 22304. Restoration and enhancement grants.
    Sec. 22305. Railroad crossing elimination program.
    Sec. 22306. Interstate rail compacts.
    Sec. 22307. Federal-State partnership for intercity passenger rail
              grants.
    Sec. 22308. Corridor identification and development program.
    Sec. 22309. Surface Transportation Board passenger rail program.

                             Subtitle D--Rail Safety

    Sec. 22401. Railway-highway crossings program evaluation.
    Sec. 22402. Grade crossing accident prediction model.
    Sec. 22403. Periodic updates to highway-rail crossing reports and plans.
    Sec. 22404. Blocked crossing portal.
    Sec. 22405. Data accessibility.
    Sec. 22406. Emergency lighting.
    Sec. 22407. Comprehensive rail safety review of Amtrak.
    Sec. 22408. Completion of hours of service and fatigue studies.
    Sec. 22409. Positive train control study.
    Sec. 22410. Operating crew member training, qualification, and
              certification.
    Sec. 22411. Transparency and safety.
    Sec. 22412. Research and development.
    Sec. 22413. Rail research and development center of excellence.
    Sec. 22414. Quarterly report on positive train control system
              performance.
    Sec. 22415. Speed limit action plans.
    Sec. 22416. New passenger service pre-revenue safety validation plan.
    Sec. 22417. Federal Railroad Administration accident and incident
              investigations.
    Sec. 22418. Civil penalty enforcement authority.
    Sec. 22419. Advancing safety and innovative technology.
    Sec. 22420. Passenger rail vehicle occupant protection systems.
    Sec. 22421. Federal Railroad Administration reporting requirements.
    Sec. 22422. National Academies study on trains longer than 7,500 feet.
    Sec. 22423. High-speed train noise emissions.
    Sec. 22424. Critical incident stress plans.
    Sec. 22425. Requirements for railroad freight cars placed into service
              in the United States.
    Sec. 22426. Railroad point of contact for public safety issues.
    Sec. 22427. Controlled substances testing for mechanical employees.

                         TITLE III--MOTOR CARRIER SAFETY

    Sec. 23001. Authorization of appropriations.
    Sec. 23002. Motor carrier safety advisory committee.
    Sec. 23003. Combating human trafficking.
    Sec. 23004. Immobilization grant program.
    Sec. 23005. Commercial motor vehicle enforcement training and support.
    Sec. 23006. Study of commercial motor vehicle crash causation.
    Sec. 23007. Promoting women in the trucking workforce.
    Sec. 23008. State inspection of passenger-carrying commercial motor
              vehicles.
    Sec. 23009. Truck Leasing Task Force.
    Sec. 23010. Automatic emergency braking.
    Sec. 23011. Underride protection.
    Sec. 23012. Providers of recreational activities.
    Sec. 23013. Amendments to regulations relating to transportation of
              household goods in interstate commerce.
    Sec. 23014. Improving Federal-State motor carrier safety enforcement
              coordination.
    Sec. 23015. Limousine research.
    Sec. 23016. National Consumer Complaint Database.
    Sec. 23017. Electronic logging device oversight.
    Sec. 23018. Transportation of agricultural commodities and farm
              supplies.
    Sec. 23019. Modification of restrictions on certain commercial driver's
              licenses.
    Sec. 23020. Report on human trafficking violations involving commercial
              motor vehicles.
    Sec. 23021. Broker guidance relating to Federal motor carrier safety
              regulations.
    Sec. 23022. Apprenticeship pilot program.
    Sec. 23023. Limousine compliance with Federal safety standards.

                   TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

                       Subtitle A--Highway Traffic Safety

    Sec. 24101. Authorization of appropriations.
    Sec. 24102. Highway safety programs.
    Sec. 24103. Highway safety research and development.
    Sec. 24104. High-visibility enforcement programs.
    Sec. 24105. National priority safety programs.
    Sec. 24106. Multiple substance-impaired driving prevention.
    Sec. 24107. Minimum penalties for repeat offenders for driving while
              intoxicated or driving under the influence.
    Sec. 24108. Crash data.
    Sec. 24109. Review of Move Over or Slow Down Law public awareness.
    Sec. 24110. Review of laws, safety measures, and technologies relating
              to school buses.
    Sec. 24111. Motorcyclist Advisory Council.
    Sec. 24112. Safe Streets and Roads for All grant program.
    Sec. 24113. Implementation of GAO recommendations.

                           Subtitle B--Vehicle Safety

    Sec. 24201. Authorization of appropriations.
    Sec. 24202. Recall completion.
    Sec. 24203. Recall engagement.
    Sec. 24204. Motor vehicle seat back safety standards.
    Sec. 24205. Automatic shutoff.
    Sec. 24206. Petitions by interested persons for standards and
              enforcement.
    Sec. 24207. Child safety seat accessibility study.
    Sec. 24208. Crash avoidance technology.
    Sec. 24209. Reduction of driver distraction.
    Sec. 24210. Rulemaking report.
    Sec. 24211. Global harmonization.
    Sec. 24212. Headlamps.
    Sec. 24213. New Car Assessment Program.
    Sec. 24214. Hood and bumper standards.
    Sec. 24215. Emergency medical services and 9-1-1.
    Sec. 24216. Early warning reporting.
    Sec. 24217. Improved vehicle safety databases.
    Sec. 24218. National Driver Register Advisory Committee repeal.
    Sec. 24219. Research on connected vehicle technology.
    Sec. 24220. Advanced impaired driving technology.
    Sec. 24221. GAO report on crash dummies.
    Sec. 24222. Child safety.

                        TITLE V--RESEARCH AND INNOVATION

    Sec. 25001. Intelligent Transportation Systems Program Advisory
              Committee.
    Sec. 25002. Smart Community Resource Center.
    Sec. 25003. Federal support for local decisionmaking.
    Sec. 25004. Bureau of Transportation Statistics.
    Sec. 25005. Strengthening mobility and revolutionizing transportation
              grant program.
    Sec. 25006. Electric vehicle working group.
    Sec. 25007. Risk and system resilience.
    Sec. 25008. Coordination on emerging transportation technology.
    Sec. 25009. Interagency Infrastructure Permitting Improvement Center.
    Sec. 25010. Rural opportunities to use transportation for economic
              success initiative.
    Sec. 25011. Safety data initiative.
    Sec. 25012. Advanced transportation research.
    Sec. 25013. Open research initiative.
    Sec. 25014. Transportation research and development 5-year strategic
              plan.
    Sec. 25015. Research planning modifications.
    Sec. 25016. Incorporation of Department of Transportation research.
    Sec. 25017. University transportation centers program.
    Sec. 25018. National travel and tourism infrastructure strategic plan.
    Sec. 25019. Local hiring preference for construction jobs.
    Sec. 25020. Transportation workforce development.
    Sec. 25021. Intermodal Transportation Advisory Board repeal.
    Sec. 25022. GAO cybersecurity recommendations.
    Sec. 25023. Volpe oversight.
    Sec. 25024. Modifications to grant program.
    Sec. 25025. Drug-impaired driving data collection.
    Sec. 25026. Report on marijuana research.
    Sec. 25027. GAO study on improving the efficiency of traffic systems.

                          TITLE VI--HAZARDOUS MATERIALS

    Sec. 26001. Authorization of appropriations.
    Sec. 26002. Assistance for local emergency response training grant
              program.
    Sec. 26003. Real-time emergency response information.

                          TITLE VII--GENERAL PROVISIONS

    Sec. 27001. Performance measurement, transparency, and accountability.
    Sec. 27002. Coordination regarding forced labor.
    Sec. 27003. Department of Transportation spectrum audit.
    Sec. 27004. Study and reports on the travel and tourism activities of
              the Department.

       TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

    Sec. 28001. Sport fish restoration and recreational boating safety.

                               DIVISION C--TRANSIT

    Sec. 30001. Definitions.
    Sec. 30002. Metropolitan transportation planning.
    Sec. 30003. Statewide and nonmetropolitan transportation planning.
    Sec. 30004. Planning programs.
    Sec. 30005. Fixed guideway capital investment grants.
    Sec. 30006. Formula grants for rural areas.
    Sec. 30007. Public transportation innovation.
    Sec. 30008. Bus testing facilities.
    Sec. 30009. Transit-oriented development.
    Sec. 30010. General provisions.
    Sec. 30011. Public transportation emergency relief program.
    Sec. 30012. Public transportation safety program.
    Sec. 30013. Administrative provisions.
    Sec. 30014. National transit database.
    Sec. 30015. Apportionment of appropriations for formula grants.
    Sec. 30016. State of good repair grants.
    Sec. 30017. Authorizations.
    Sec. 30018. Grants for buses and bus facilities.
    Sec. 30019. Washington Metropolitan Area Transit Authority safety,
              accountability, and investment.

                               DIVISION D--ENERGY

    Sec. 40001. Definitions.

                   TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

           Subtitle A--Grid Infrastructure Resilience and Reliability

    Sec. 40101. Preventing outages and enhancing the resilience of the
              electric grid.
    Sec. 40102. Hazard mitigation using disaster assistance.
    Sec. 40103. Electric grid reliability and resilience research,
              development, and demonstration.
    Sec. 40104. Utility demand response.
    Sec. 40105. Siting of interstate electric transmission facilities.
    Sec. 40106. Transmission facilitation program.
    Sec. 40107. Deployment of technologies to enhance grid flexibility.
    Sec. 40108. State energy security plans.
    Sec. 40109. State energy program.
    Sec. 40110. Power marketing administration transmission borrowing
              authority.
    Sec. 40111. Study of codes and standards for use of energy storage
              systems across sectors.
    Sec. 40112. Demonstration of electric vehicle battery second-life
              applications for grid services.
    Sec. 40113. Columbia Basin power management.

                            Subtitle B--Cybersecurity

    Sec. 40121. Enhancing grid security through public-private partnerships.
    Sec. 40122. Energy Cyber Sense program.
    Sec. 40123. Incentives for advanced cybersecurity technology investment.
    Sec. 40124. Rural and municipal utility advanced cybersecurity grant and
              technical assistance program.
    Sec. 40125. Enhanced grid security.
    Sec. 40126. Cybersecurity plan.
    Sec. 40127. Savings provision.

              TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

    Sec. 40201. Earth Mapping Resources Initiative.
    Sec. 40202. National Cooperative Geologic Mapping Program.
    Sec. 40203. National Geological and Geophysical Data Preservation
              Program.
    Sec. 40204. USGS energy and minerals research facility.
    Sec. 40205. Rare earth elements demonstration facility.
    Sec. 40206. Critical minerals supply chains and reliability.
    Sec. 40207. Battery processing and manufacturing.
    Sec. 40208. Electric drive vehicle battery recycling and second-life
              applications program.
    Sec. 40209. Advanced energy manufacturing and recycling grant program.
    Sec. 40210. Critical minerals mining and recycling research.
    Sec. 40211. 21st Century Energy Workforce Advisory Board.

           TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS

      Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
                                 Infrastructure

    Sec. 40301. Findings.
    Sec. 40302. Carbon utilization program.
    Sec. 40303. Carbon capture technology program.
    Sec. 40304. Carbon dioxide transportation infrastructure finance and
              innovation.
    Sec. 40305. Carbon storage validation and testing.
    Sec. 40306. Secure geologic storage permitting.
    Sec. 40307. Geologic carbon sequestration on the outer Continental
              Shelf.
    Sec. 40308. Carbon removal.

                  Subtitle B--Hydrogen Research and Development

    Sec. 40311. Findings; purpose.
    Sec. 40312. Definitions.
    Sec. 40313. Clean hydrogen research and development program.
    Sec. 40314. Additional clean hydrogen programs.
    Sec. 40315. Clean hydrogen production qualifications.

                    Subtitle C--Nuclear Energy Infrastructure

    Sec. 40321. Infrastructure planning for micro and small modular nuclear
              reactors.
    Sec. 40322. Property interests relating to certain projects and
              protection of information relating to certain agreements.
    Sec. 40323. Civil nuclear credit program.

                             Subtitle D--Hydropower

    Sec. 40331. Hydroelectric production incentives.
    Sec. 40332. Hydroelectric efficiency improvement incentives.
    Sec. 40333. Maintaining and enhancing hydroelectricity incentives.
    Sec. 40334. Pumped storage hydropower wind and solar integration and
              system reliability initiative.
    Sec. 40335. Authority for pumped storage hydropower development using
              multiple Bureau of Reclamation reservoirs.
    Sec. 40336. Limitations on issuance of certain leases of power
              privilege.

                            Subtitle E--Miscellaneous

    Sec. 40341. Solar energy technologies on current and former mine land.
    Sec. 40342. Clean energy demonstration program on current and former
              mine land.
    Sec. 40343. Leases, easements, and rights-of-way for energy and related
              purposes on the outer Continental Shelf.

     TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION

                  Subtitle A--Department of Energy Loan Program

    Sec. 40401. Department of Energy loan programs.

                  Subtitle B--Energy Information Administration

    Sec. 40411. Definitions.
    Sec. 40412. Data collection in the electricity sector.
    Sec. 40413. Expansion of energy consumption surveys.
    Sec. 40414. Data collection on electric vehicle integration with the
              electricity grids.
    Sec. 40415. Plan for the modeling and forecasting of demand for minerals
              used in the energy sector.
    Sec. 40416. Expansion of international energy data.
    Sec. 40417. Plan for the National Energy Modeling System.
    Sec. 40418. Report on costs of carbon abatement in the electricity
              sector.
    Sec. 40419. Harmonization of efforts and data.

                            Subtitle C--Miscellaneous

    Sec. 40431. Consideration of measures to promote greater electrification
              of the transportation sector.
    Sec. 40432. Office of public participation.
    Sec. 40433. Digital climate solutions report.
    Sec. 40434. Study and report by the Secretary of Energy on job loss and
              impacts on consumer energy costs due to the revocation of the
              permit for the Keystone XL pipeline.
    Sec. 40435. Study on impact of electric vehicles.
    Sec. 40436. Study on impact of forced labor in China on the electric
              vehicle supply chain.

             TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE

            Subtitle A--Residential and Commercial Energy Efficiency

    Sec. 40501. Definitions.
    Sec. 40502. Energy efficiency revolving loan fund capitalization grant
              program.
    Sec. 40503. Energy auditor training grant program.

                              Subtitle B--Buildings

    Sec. 40511. Cost-effective codes implementation for efficiency and
              resilience.
    Sec. 40512. Building, training, and assessment centers.
    Sec. 40513. Career skills training.
    Sec. 40514. Commercial building energy consumption information sharing.

                    Subtitle C--Industrial Energy Efficiency

                                PART I--Industry

    Sec. 40521. Future of industry program and industrial research and
              assessment centers.
    Sec. 40522. Sustainable manufacturing initiative.

                          PART II--Smart Manufacturing

    Sec. 40531. Definitions.
    Sec. 40532. Leveraging existing agency programs to assist small and
              medium manufacturers.
    Sec. 40533. Leveraging smart manufacturing infrastructure at National
              Laboratories.
    Sec. 40534. State manufacturing leadership.
    Sec. 40535. Report.

                       Subtitle D--Schools and Nonprofits

    Sec. 40541. Grants for energy efficiency improvements and renewable
              energy improvements at public school facilities.
    Sec. 40542. Energy efficiency materials pilot program.

                            Subtitle E--Miscellaneous

    Sec. 40551. Weatherization assistance program.
    Sec. 40552. Energy Efficiency and Conservation Block Grant Program.
    Sec. 40553. Survey, analysis, and report on employment and demographics
              in the energy, energy efficiency, and motor vehicle sectors of
              the United States.
    Sec. 40554. Assisting Federal Facilities with Energy Conservation
              Technologies grant program.
    Sec. 40555. Rebates.
    Sec. 40556. Model guidance for combined heat and power systems and waste
              heat to power systems.

                   TITLE VI--METHANE REDUCTION INFRASTRUCTURE

    Sec. 40601. Orphaned well site plugging, remediation, and restoration.

                   TITLE VII--ABANDONED MINE LAND RECLAMATION

    Sec. 40701. Abandoned Mine Reclamation Fund authorization of
              appropriations.
    Sec. 40702. Abandoned mine reclamation fee.
    Sec. 40703. Amounts distributed from Abandoned Mine Reclamation Fund.
    Sec. 40704. Abandoned hardrock mine reclamation.

         TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
                      MANAGEMENT, AND ECOSYSTEM RESTORATION

    Sec. 40801. Forest Service Legacy Road and Trail Remediation Program.
    Sec. 40802. Study and report on feasibility of revegetating reclaimed
              mine sites.
    Sec. 40803. Wildfire risk reduction.
    Sec. 40804. Ecosystem restoration.
    Sec. 40805. GAO study.
    Sec. 40806. Establishment of fuel breaks in forests and other wildland
              vegetation.
    Sec. 40807. Emergency actions.
    Sec. 40808. Joint Chiefs Landscape Restoration Partnership program.

                     TITLE IX--WESTERN WATER INFRASTRUCTURE

    Sec. 40901. Authorizations of appropriations.
    Sec. 40902. Water storage, groundwater storage, and conveyance projects.
    Sec. 40903. Small water storage and groundwater storage projects.
    Sec. 40904. Critical maintenance and repair.
    Sec. 40905. Competitive grant program for large-scale water recycling
              and reuse program.
    Sec. 40906. Drought contingency plan funding requirements.
    Sec. 40907. Multi-benefit projects to improve watershed health.
    Sec. 40908. Eligible desalination projects.
    Sec. 40909. Clarification of authority to use coronavirus fiscal
              recovery funds to meet a non-Federal matching requirement for
              authorized Bureau of Reclamation water projects.
    Sec. 40910. Federal assistance for groundwater recharge, aquifer
              storage, and water source substitution projects.

         TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020

    Sec. 41001. Energy storage demonstration projects.
    Sec. 41002. Advanced reactor demonstration program.
    Sec. 41003. Mineral security projects.
    Sec. 41004. Carbon capture demonstration and pilot programs.
    Sec. 41005. Direct air capture technologies prize competitions.
    Sec. 41006. Water power projects.
    Sec. 41007. Renewable energy projects.
    Sec. 41008. Industrial emissions demonstration projects.

                        TITLE XI--WAGE RATE REQUIREMENTS

    Sec. 41101. Wage rate requirements.

                            TITLE XII--MISCELLANEOUS

    Sec. 41201. Office of Clean Energy Demonstrations.
    Sec. 41202. Extension of Secure Rural Schools and Community Self-
              Determination Act of 2000.

            DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

    Sec. 50001. Short title.
    Sec. 50002. Definition of Administrator.

                             TITLE I--DRINKING WATER

    Sec. 50101. Technical assistance and grants for emergencies affecting
              public water systems.
    Sec. 50102. Drinking water State revolving loan funds.
    Sec. 50103. Source water petition program.
    Sec. 50104. Assistance for small and disadvantaged communities.
    Sec. 50105. Reducing lead in drinking water.
    Sec. 50106. Operational sustainability of small public water systems.
    Sec. 50107. Midsize and large drinking water system infrastructure
              resilience and sustainability program.
    Sec. 50108. Needs assessment for nationwide rural and urban low-income
              community water assistance.
    Sec. 50109. Rural and low-income water assistance pilot program.
    Sec. 50110. Lead contamination in school drinking water.
    Sec. 50111. Indian reservation drinking water program.
    Sec. 50112. Advanced drinking water technologies.
    Sec. 50113. Cybersecurity support for public water systems.
    Sec. 50114. State response to contaminants.
    Sec. 50115. Annual study on boil water advisories.

                              TITLE II--CLEAN WATER

    Sec. 50201. Research, investigations, training, and information.
    Sec. 50202. Wastewater efficiency grant pilot program.
    Sec. 50203. Pilot program for alternative water source projects.
    Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
    Sec. 50205. Clean water infrastructure resiliency and sustainability
              program.
    Sec. 50206. Small and medium publicly owned treatment works circuit
              rider program.
    Sec. 50207. Small publicly owned treatment works efficiency grant
              program.
    Sec. 50208. Grants for construction and refurbishing of individual
              household decentralized wastewater systems for individuals
              with low or moderate income.
    Sec. 50209. Connection to publicly owned treatment works.
    Sec. 50210. Clean water State revolving funds.
    Sec. 50211. Water infrastructure and workforce investment.
    Sec. 50212. Grants to Alaska to improve sanitation in rural and Native
              villages.
    Sec. 50213. Water data sharing pilot program.
    Sec. 50214. Final rating opinion letters.
    Sec. 50215. Water infrastructure financing reauthorization.
    Sec. 50216. Small and disadvantaged community analysis.
    Sec. 50217. Stormwater infrastructure technology.
    Sec. 50218. Water Reuse Interagency Working Group.
    Sec. 50219. Advanced clean water technologies study.
    Sec. 50220. Clean watersheds needs survey.
    Sec. 50221. Water Resources Research Act amendments.
    Sec. 50222. Enhanced aquifer use and recharge.

                              DIVISION F--BROADBAND

    TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO RICO,
                                 AND TERRITORIES

    Sec. 60101. Findings.
    Sec. 60102. Grants for broadband deployment.
    Sec. 60103. Broadband DATA maps.
    Sec. 60104. Report on future of Universal Service Fund.
    Sec. 60105. Broadband deployment locations map.

               TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

    Sec. 60201. Tribal connectivity technical amendments.

                      TITLE III--DIGITAL EQUITY ACT OF 2021

    Sec. 60301. Short title.
    Sec. 60302. Definitions.
    Sec. 60303. Sense of Congress.
    Sec. 60304. State Digital Equity Capacity Grant Program.
    Sec. 60305. Digital Equity Competitive Grant Program.
    Sec. 60306. Policy research, data collection, analysis and modeling,
              evaluation, and dissemination.
    Sec. 60307. General provisions.

             TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

    Sec. 60401. Enabling middle mile broadband infrastructure.

                        TITLE V--BROADBAND AFFORDABILITY

    Sec. 60501. Definitions.
    Sec. 60502. Broadband affordability.
    Sec. 60503. Coordination with certain other Federal agencies.
    Sec. 60504. Adoption of consumer broadband labels.
    Sec. 60505. GAO report.
    Sec. 60506. Digital discrimination.

                 TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

    Sec. 60601. Short title.
    Sec. 60602. Telecommunications interagency working group.
    Sec. 60603. Telecommunications workforce guidance.
    Sec. 60604. GAO assessment of workforce needs of the telecommunications
              industry.

                        DIVISION G--OTHER AUTHORIZATIONS

             TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

    Sec. 70101. Indian Water Rights Settlement Completion Fund.

                          TITLE II--WILDFIRE MITIGATION

    Sec. 70201. Short title.
    Sec. 70202. Definitions.
    Sec. 70203. Establishment of Commission.
    Sec. 70204. Duties of Commission.
    Sec. 70205. Powers of Commission.
    Sec. 70206. Commission personnel matters.
    Sec. 70207. Termination of Commission.

                            TITLE III--REFORESTATION

    Sec. 70301. Short title.
    Sec. 70302. Reforestation following wildfires and other unplanned
              events.
    Sec. 70303. Report.

                          TITLE IV--RECYCLING PRACTICES

    Sec. 70401. Best practices for battery recycling and labeling
              guidelines.
    Sec. 70402. Consumer recycling education and outreach grant program;
              Federal procurement.

                        TITLE V--BIOPRODUCT PILOT PROGRAM

    Sec. 70501. Pilot program on use of agricultural commodities in
              construction and consumer products.

                             TITLE VI--CYBERSECURITY

                   Subtitle A--Cyber Response and Recovery Act

    Sec. 70601. Short title.
    Sec. 70602. Declaration of a significant incident.

            Subtitle B--State and Local Cybersecurity Improvement Act

    Sec. 70611. Short title.
    Sec. 70612. State and Local Cybersecurity Grant Program.

                     TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

    Sec. 70701. Value for money analysis.

                   TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

    Sec. 70801. Federal permitting improvement.

                      TITLE IX--BUILD AMERICA, BUY AMERICA

                     Subtitle A--Build America, Buy America

    Sec. 70901. Short title.

                    PART I--Buy America Sourcing Requirements

    Sec. 70911. Findings.
    Sec. 70912. Definitions.
    Sec. 70913. Identification of deficient programs.
    Sec. 70914. Application of Buy America preference.
    Sec. 70915. OMB guidance and standards.
    Sec. 70916. Technical assistance partnership and consultation supporting
              Department of Transportation Buy America requirements.
    Sec. 70917. Application.

                           PART II--Make It in America

    Sec. 70921. Regulations relating to Buy American Act.
    Sec. 70922. Amendments relating to Buy American Act.
    Sec. 70923. Made in America Office.
    Sec. 70924. Hollings Manufacturing Extension Partnership activities.
    Sec. 70925. United States obligations under international agreements.
    Sec. 70926. Definitions.
    Sec. 70927. Prospective amendments to internal cross-references.

                           Subtitle B--BuyAmerican.gov

    Sec. 70931. Short title.
    Sec. 70932. Definitions.
    Sec. 70933. Sense of Congress on buying American.
    Sec. 70934. Assessment of impact of free trade agreements.
    Sec. 70935. Judicious use of waivers.
    Sec. 70936. Establishment of BuyAmerican.gov website.
    Sec. 70937. Waiver Transparency and Streamlining for contracts.
    Sec. 70938. Comptroller General report.
    Sec. 70939. Rules of construction.
    Sec. 70940. Consistency with international agreements.
    Sec. 70941. Prospective amendments to internal cross-references.

                         Subtitle C--Make PPE in America

    Sec. 70951. Short title.
    Sec. 70952. Findings.
    Sec. 70953. Requirement of long-term contracts for domestically
              manufactured personal protective equipment.

                           TITLE X--ASSET CONCESSIONS

    Sec. 71001. Asset concessions.

                    TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

    Sec. 71101. Clean school bus program.
    Sec. 71102. Electric or low-emitting ferry pilot program.
    Sec. 71103. Ferry service for rural communities.
    Sec. 71104. Expanding the funding authority for renovating,
              constructing, and expanding certain facilities.

                         DIVISION H--REVENUE PROVISIONS

                           TITLE I--HIGHWAY TRUST FUND

    Sec. 80101. Extension of Highway Trust Fund expenditure authority.
    Sec. 80102. Extension of highway-related taxes.
    Sec. 80103. Further additional transfers to trust fund.

                          TITLE II--CHEMICAL SUPERFUND

    Sec. 80201. Extension and modification of certain superfund excise
              taxes.

                          TITLE III--CUSTOMS USER FEES

    Sec. 80301. Extension of customs user fees.

                            TITLE IV--BOND PROVISIONS

    Sec. 80401. Private activity bonds for qualified broadband projects.
    Sec. 80402. Carbon dioxide capture facilities.
    Sec. 80403. Increase in national limitation amount for qualified highway
              or surface freight transportation facilities.

     TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
                                     EVENTS

    Sec. 80501. Modification of automatic extension of certain deadlines in
              the case of taxpayers affected by Federally declared
              disasters.
    Sec. 80502. Modifications of rules for postponing certain acts by reason
              of service in combat zone or contingency operation.
    Sec. 80503. Tolling of time for filing a petition with the tax court.
    Sec. 80504. Authority to postpone certain tax deadlines by reason of
              significant fires.

                           TITLE VI--OTHER PROVISIONS

    Sec. 80601. Modification of tax treatment of contributions to the
              capital of a corporation.
    Sec. 80602. Extension of interest rate stabilization.
    Sec. 80603. Information reporting for brokers and digital assets.
    Sec. 80604. Termination of employee retention credit for employers
              subject to closure due to COVID-19.

                            DIVISION I--OTHER MATTERS

    Sec. 90001. Extension of direct spending reductions through fiscal year
              2031.
    Sec. 90002. Strategic Petroleum Reserve drawdown and sale.
    Sec. 90003. Findings regarding unused unemployment insurance funds.
    Sec. 90004. Requiring manufacturers of certain single-dose container or
              single-use package drugs payable under part B of the Medicare
              program to provide refunds with respect to discarded amounts
              of such drugs.
    Sec. 90005. Extension of enterprise guarantee fees.
    Sec. 90006. Moratorium on implementation of rule relating to eliminating
              the anti-kickback statute safe harbor protection for
              prescription drug rebates.
    Sec. 90007. Rescission of COVID-19 appropriations.
    Sec. 90008. Spectrum auctions.

                           DIVISION J--APPROPRIATIONS

     TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
                              AND RELATED AGENCIES

           TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

          TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

               TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                    TITLE V--DEPARTMENT OF HOMELAND SECURITY

     TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

    TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
                                    AGENCIES

     TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                                    AGENCIES

                   TITLE IX--GENERAL PROVISIONS--THIS DIVISION

                    DIVISION K--MINORITY BUSINESS DEVELOPMENT

    Sec. 100001. Short title.
    Sec. 100002. Definitions.
    Sec. 100003. Minority Business Development Agency.

                          TITLE I--EXISTING INITIATIVES

            Subtitle A--Market Development, Research, and Information

    Sec. 100101. Private sector development.
    Sec. 100102. Public sector development.
    Sec. 100103. Research and information.

    Subtitle B--Minority Business Development Agency Business Center Program

    Sec. 100111. Definition.
    Sec. 100112. Purpose.
    Sec. 100113. Establishment.
    Sec. 100114. Grants and cooperative agreements.
    Sec. 100115. Minimizing disruptions to existing MBDA Business Center
              program.
    Sec. 100116. Publicity.

     TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
                                   BUSINESSES

    Sec. 100201. Annual diverse business forum on capital formation.
    Sec. 100202. Agency study on alternative financing solutions.
    Sec. 100203. Educational development relating to management and
              entrepreneurship.

                TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

    Sec. 100301. Definitions.
    Sec. 100302. Business centers.
    Sec. 100303. Report to Congress.
    Sec. 100304. Study and report.

                 TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

    Sec. 100401. Grants to nonprofit organizations that support minority
              business enterprises.

             TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

    Sec. 100501. Purpose.
    Sec. 100502. Composition and term.
    Sec. 100503. Duties.

          TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

    Sec. 100601. General duties.
    Sec. 100602. Participation of Federal departments and agencies.

    TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS PROVISIONS

    Sec. 100701. Administrative powers.
    Sec. 100702. Federal assistance.
    Sec. 100703. Recordkeeping.
    Sec. 100704. Review and report by Comptroller General.
    Sec. 100705. Biannual reports; recommendations.
    Sec. 100706. Separability.
    Sec. 100707. Executive Order 11625.
    Sec. 100708. Authorization of appropriations.
    SEC. 2. REFERENCES.
        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.

                       DIVISION A--SURFACE TRANSPORTATION

    SEC. 10001. SHORT TITLE.
        This division may be cited as the ``Surface Transportation
    Reauthorization Act of 2021''.
    SEC. 10002. DEFINITIONS.
        In this division:
            (1) Department.--The term ``Department'' means the Department
        of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary of
        Transportation.
    SEC. 10003. EFFECTIVE DATE.
        Except as otherwise provided, this division and the amendments made
    by this division take effect on October 1, 2021.

                         TITLE I--FEDERAL-AID HIGHWAYS
                    Subtitle A--Authorizations and Programs

    SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.
        (a) In General.--The following amounts are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
            (1) Federal-aid highway program.--For the national highway
        performance program under section 119 of title 23, United States
        Code, the surface transportation block grant program under section
        133 of that title, the highway safety improvement program under
        section 148 of that title, the congestion mitigation and air
        quality improvement program under section 149 of that title, the
        national highway freight program under section 167 of that title,
        the carbon reduction program under section 175 of that title, to
        carry out subsection (c) of the PROTECT program under section 176
        of that title, and to carry out section 134 of that title--
                (A) $52,488,065,375 for fiscal year 2022;
                (B) $53,537,826,683 for fiscal year 2023;
                (C) $54,608,583,217 for fiscal year 2024;
                (D) $55,700,754,881 for fiscal year 2025; and
                (E) $56,814,769,844 for fiscal year 2026.
            (2) Transportation infrastructure finance and innovation
        program.--For credit assistance under the transportation
        infrastructure finance and innovation program under chapter 6 of
        title 23, United States Code, $250,000,000 for each of fiscal years
        2022 through 2026.
            (3) Federal lands and tribal transportation programs.--
                (A) Tribal transportation program.--For the tribal
            transportation program under section 202 of title 23, United
            States Code--
                    (i) $578,460,000 for fiscal year 2022;
                    (ii) $589,960,000 for fiscal year 2023;
                    (iii) $602,460,000 for fiscal year 2024;
                    (iv) $612,960,000 for fiscal year 2025; and
                    (v) $627,960,000 for fiscal year 2026.
                (B) Federal lands transportation program.--
                    (i) In general.--For the Federal lands transportation
                program under section 203 of title 23, United States Code--

                        (I) $421,965,000 for fiscal year 2022;
                        (II) $429,965,000 for fiscal year 2023;
                        (III) $438,965,000 for fiscal year 2024;
                        (IV) $447,965,000 for fiscal year 2025; and
                        (V) $455,965,000 for fiscal year 2026.

                    (ii) Allocation.--Of the amount made available for a
                fiscal year under clause (i)--

                        (I) the amount for the National Park Service is--

                            (aa) $332,427,450 for fiscal year 2022;
                            (bb) $338,867,450 for fiscal year 2023;
                            (cc) $346,237,450 for fiscal year 2024;
                            (dd) $353,607,450 for fiscal year 2025; and
                            (ee) $360,047,450 for fiscal year 2026;

                        (II) the amount for the United States Fish and
                    Wildlife Service is $36,000,000 for each of fiscal
                    years 2022 through 2026; and
                        (III) the amount for the Forest Service is--

                            (aa) $24,000,000 for fiscal year 2022;
                            (bb) $25,000,000 for fiscal year 2023;
                            (cc) $26,000,000 for fiscal year 2024;
                            (dd) $27,000,000 for fiscal year 2025; and
                            (ee) $28,000,000 for fiscal year 2026.
                (C) Federal lands access program.--For the Federal lands
            access program under section 204 of title 23, United States
            Code--
                    (i) $285,975,000 for fiscal year 2022;
                    (ii) $291,975,000 for fiscal year 2023;
                    (iii) $296,975,000 for fiscal year 2024;
                    (iv) $303,975,000 for fiscal year 2025; and
                    (v) $308,975,000 for fiscal year 2026.
            (4) Territorial and puerto rico highway program.--For the
        territorial and Puerto Rico highway program under section 165 of
        title 23, United States Code--
                (A) $219,000,000 for fiscal year 2022;
                (B) $224,000,000 for fiscal year 2023;
                (C) $228,000,000 for fiscal year 2024;
                (D) $232,500,000 for fiscal year 2025; and
                (E) $237,000,000 for fiscal year 2026.
            (5) Nationally significant freight and highway projects.--For
        nationally significant freight and highway projects under section
        117 of title 23, United States Code--
                (A) $1,000,000,000 for fiscal year 2022;
                (B) $1,000,000,000 for fiscal year 2023;
                (C) $1,000,000,000 for fiscal year 2024;
                (D) $900,000,000 for fiscal year 2025; and
                (E) $900,000,000 for fiscal year 2026.
        (b) Other Programs.--
            (1) In general.--The following amounts are authorized to be
        appropriated out of the Highway Trust Fund (other than the Mass
        Transit Account):
                (A) Bridge investment program.--To carry out the bridge
            investment program under section 124 of title 23, United States
            Code--
                    (i) $600,000,000 for fiscal year 2022;
                    (ii) $640,000,000 for fiscal year 2023;
                    (iii) $650,000,000 for fiscal year 2024;
                    (iv) $675,000,000 for fiscal year 2025; and
                    (v) $700,000,000 for fiscal year 2026.
                (B) Congestion relief program.--To carry out the congestion
            relief program under section 129(d) of title 23, United States
            Code, $50,000,000 for each of fiscal years 2022 through 2026.
                (C) Charging and fueling infrastructure grants.--To carry
            out section 151(f) of title 23, United States Code--
                    (i) $300,000,000 for fiscal year 2022;
                    (ii) $400,000,000 for fiscal year 2023;
                    (iii) $500,000,000 for fiscal year 2024;
                    (iv) $600,000,000 for fiscal year 2025; and
                    (v) $700,000,000 for fiscal year 2026.
                (D) Rural surface transportation grant program.--To carry
            out the rural surface transportation grant program under
            section 173 of title 23, United States Code--
                    (i) $300,000,000 for fiscal year 2022;
                    (ii) $350,000,000 for fiscal year 2023;
                    (iii) $400,000,000 for fiscal year 2024;
                    (iv) $450,000,000 for fiscal year 2025; and
                    (v) $500,000,000 for fiscal year 2026.
                (E) PROTECT grants.--
                    (i) In general.--To carry out subsection (d) of the
                PROTECT program under section 176 of title 23, United
                States Code, for each of fiscal years 2022 through 2026--

                        (I) $250,000,000 for fiscal year 2022;
                        (II) $250,000,000 for fiscal year 2023;
                        (III) $300,000,000 for fiscal year 2024;
                        (IV) $300,000,000 for fiscal year 2025; and
                        (V) $300,000,000 for fiscal year 2026.

                    (ii) Allocation.--Of the amounts made available under
                clause (i)--

                        (I) for planning grants under paragraph (3) of that
                    subsection--

                            (aa) $25,000,000 for fiscal year 2022;
                            (bb) $25,000,000 for fiscal year 2023;
                            (cc) $30,000,000 for fiscal year 2024;
                            (dd) $30,000,000 for fiscal year 2025; and
                            (ee) $30,000,000 for fiscal year 2026;

                        (II) for resilience improvement grants under
                    paragraph (4)(A) of that subsection--

                            (aa) $175,000,000 for fiscal year 2022;
                            (bb) $175,000,000 for fiscal year 2023;
                            (cc) $210,000,000 for fiscal year 2024;
                            (dd) $210,000,000 for fiscal year 2025; and
                            (ee) $210,000,000 for fiscal year 2026;

                        (III) for community resilience and evacuation route
                    grants under paragraph (4)(B) of that subsection--

                            (aa) $25,000,000 for fiscal year 2022;
                            (bb) $25,000,000 for fiscal year 2023;
                            (cc) $30,000,000 for fiscal year 2024;
                            (dd) $30,000,000 for fiscal year 2025; and
                            (ee) $30,000,000 for fiscal year 2026; and

                        (IV) for at-risk coastal infrastructure grants
                    under paragraph (4)(C) of that subsection--

                            (aa) $25,000,000 for fiscal year 2022;
                            (bb) $25,000,000 for fiscal year 2023;
                            (cc) $30,000,000 for fiscal year 2024;
                            (dd) $30,000,000 for fiscal year 2025; and
                            (ee) $30,000,000 for fiscal year 2026.
                (F) Reduction of truck emissions at port facilities.--
                    (i) In general.--To carry out the reduction of truck
                emissions at port facilities under section 11402,
                $50,000,000 for each of fiscal years 2022 through 2026.
                    (ii) Treatment.--Amounts made available under clause
                (i) shall be available for obligation in the same manner as
                if those amounts were apportioned under chapter 1 of title
                23, United States Code.
                (G) Nationally significant federal lands and tribal
            projects.--
                    (i) In general.--To carry out the nationally
                significant Federal lands and tribal projects program under
                section 1123 of the FAST Act (23 U.S.C. 201 note; Public
                Law 114-94), $55,000,000 for each of fiscal years 2022
                through 2026.
                    (ii) Treatment.--Amounts made available under clause
                (i) shall be available for obligation in the same manner as
                if those amounts were apportioned under chapter 1 of title
                23, United States Code.
            (2) General fund.--
                (A) Bridge investment program.--
                    (i) In general.--In addition to amounts made available
                under paragraph (1)(A), there are authorized to be
                appropriated to carry out the bridge investment program
                under section 124 of title 23, United States Code--

                        (I) $600,000,000 for fiscal year 2022;
                        (II) $640,000,000 for fiscal year 2023;
                        (III) $650,000,000 for fiscal year 2024;
                        (IV) $675,000,000 for fiscal year 2025; and
                        (V) $700,000,000 for fiscal year 2026.

                    (ii) Allocation.--Amounts made available under clause
                (i) shall be allocated in the same manner as if made
                available under paragraph (1)(A).
                (B) Nationally significant federal lands and tribal
            projects program.--In addition to amounts made available under
            paragraph (1)(G), there is authorized to be appropriated to
            carry out section 1123 of the FAST Act (23 U.S.C. 201 note;
            Public Law 114-94) $300,000,000 for each of fiscal years 2022
            through 2026.
                (C) Healthy streets program.--There is authorized to be
            appropriated to carry out the Healthy Streets program under
            section 11406 $100,000,000 for each of fiscal years 2022
            through 2026.
                (D) Transportation resilience and adaptation centers of
            excellence.--There is authorized to be appropriated to carry
            out section 520 of title 23, United States Code, $100,000,000
            for each of fiscal years 2022 through 2026.
                (E) Open challenge and research proposal pilot program.--
            There is authorized to be appropriated to carry out the open
            challenge and research proposal pilot program under section
            13006(e) $15,000,000 for each of fiscal years 2022 through
            2026.
        (c) Research, Technology, and Education Authorizations.--
            (1) In general.--The following amounts are authorized to be
        appropriated out of the Highway Trust Fund (other than the Mass
        Transit Account):
                (A) Highway research and development program.--To carry out
            section 503(b) of title 23, United States Code, $147,000,000
            for each of fiscal years 2022 through 2026.
                (B) Technology and innovation deployment program.--To carry
            out section 503(c) of title 23, United States Code,
            $110,000,000 for each of fiscal years 2022 through 2026.
                (C) Training and education.--To carry out section 504 of
            title 23, United States Code--
                    (i) $25,000,000 for fiscal year 2022;
                    (ii) $25,250,000 for fiscal year 2023;
                    (iii) $25,500,000 for fiscal year 2024;
                    (iv) $25,750,000 for fiscal year 2025; and
                    (v) $26,000,000 for fiscal year 2026.
                (D) Intelligent transportation systems program.--To carry
            out sections 512 through 518 of title 23, United States Code,
            $110,000,000 for each of fiscal years 2022 through 2026.
                (E) University transportation centers program.--To carry
            out section 5505 of title 49, United States Code--
                    (i) $80,000,000 for fiscal year 2022;
                    (ii) $80,500,000 for fiscal year 2023;
                    (iii) $81,000,000 for fiscal year 2024;
                    (iv) $81,500,000 for fiscal year 2025; and
                    (v) $82,000,000 for fiscal year 2026.
                (F) Bureau of transportation statistics.--To carry out
            chapter 63 of title 49, United States Code--
                    (i) $26,000,000 for fiscal year 2022;
                    (ii) $26,250,000 for fiscal year 2023;
                    (iii) $26,500,000 for fiscal year 2024;
                    (iv) $26,750,000 for fiscal year 2025; and
                    (v) $27,000,000 for fiscal year 2026.
            (2) Administration.--The Federal Highway Administration shall--
                (A) administer the programs described in subparagraphs (A),
            (B), and (C) of paragraph (1); and
                (B) in consultation with relevant modal administrations,
            administer the programs described in paragraph (1)(D).
            (3) Applicability of title 23, united states code.--Amounts
        authorized to be appropriated by paragraph (1) shall--
                (A) be available for obligation in the same manner as if
            those funds were apportioned under chapter 1 of title 23,
            United States Code, except that the Federal share of the cost
            of a project or activity carried out using those funds shall be
            80 percent, unless otherwise expressly provided by this
            division (including the amendments by this division) or
            otherwise determined by the Secretary; and
                (B) remain available until expended and not be
            transferable, except as otherwise provided by this division.
        (d) Pilot Programs.--The following amounts are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
            (1) Wildlife crossings pilot program.--For the wildlife
        crossings pilot program under section 171 of title 23, United
        States Code--
                (A) $60,000,000 for fiscal year 2022;
                (B) $65,000,000 for fiscal year 2023;
                (C) $70,000,000 for fiscal year 2024;
                (D) $75,000,000 for fiscal year 2025; and
                (E) $80,000,000 for fiscal year 2026.
            (2) Prioritization process pilot program.--
                (A) In general.--For the prioritization process pilot
            program under section 11204, $10,000,000 for each of fiscal
            years 2022 through 2026.
                (B) Treatment.--Amounts made available under subparagraph
            (A) shall be available for obligation in the same manner as if
            those amounts were apportioned under chapter 1 of title 23,
            United States Code.
            (3) Reconnecting communities pilot program.--
                (A) Planning grants.--For planning grants under the
            reconnecting communities pilot program under section 11509(c),
            $30,000,000 for each of fiscal years 2022 through 2026.
                (B) Capital construction grants.--For capital construction
            grants under the reconnecting communities pilot program under
            section 11509(d)--
                    (i) $65,000,000 for fiscal year 2022;
                    (ii) $68,000,000 for fiscal year 2023;
                    (iii) $70,000,000 for fiscal year 2024;
                    (iv) $72,000,000 for fiscal year 2025; and
                    (v) $75,000,000 for fiscal year 2026.
                (C) Treatment.--Amounts made available under subparagraph
            (A) or (B) shall be available for obligation in the same manner
            as if those amounts were apportioned under chapter 1 of title
            23, United States Code, except that those amounts shall remain
            available until expended.
        (e) Disadvantaged Business Enterprises.--
            (1) Findings.--Congress finds that--
                (A) while significant progress has occurred due to the
            establishment of the disadvantaged business enterprise program,
            discrimination and related barriers continue to pose
            significant obstacles for minority- and women-owned businesses
            seeking to do business in Federally assisted surface
            transportation markets across the United States;
                (B) the continuing barriers described in subparagraph (A)
            merit the continuation of the disadvantaged business enterprise
            program;
                (C) Congress has received and reviewed testimony and
            documentation of race and gender discrimination from numerous
            sources, including congressional hearings and roundtables,
            scientific reports, reports issued by public and private
            agencies, news stories, reports of discrimination by
            organizations and individuals, and discrimination lawsuits,
            which show that race- and gender-neutral efforts alone are
            insufficient to address the problem;
                (D) the testimony and documentation described in
            subparagraph (C) demonstrate that discrimination across the
            United States poses a barrier to full and fair participation in
            surface transportation-related businesses of women business
            owners and minority business owners and has impacted firm
            development and many aspects of surface transportation-related
            business in the public and private markets; and
                (E) the testimony and documentation described in
            subparagraph (C) provide a strong basis that there is a
            compelling need for the continuation of the disadvantaged
            business enterprise program to address race and gender
            discrimination in surface transportation-related business.
            (2) Definitions.--In this subsection:
                (A) Small business concern.--
                    (i) In general.--The term ``small business concern''
                means a small business concern (as the term is used in
                section 3 of the Small Business Act (15 U.S.C. 632)).
                    (ii) Exclusions.--The term ``small business concern''
                does not include any concern or group of concerns
                controlled by the same socially and economically
                disadvantaged individual or individuals that have average
                annual gross receipts during the preceding 3 fiscal years
                in excess of $26,290,000, as adjusted annually by the
                Secretary for inflation.
                (B) Socially and economically disadvantaged individuals.--
            The term ``socially and economically disadvantaged
            individuals'' has the meaning given the term in section 8(d) of
            the Small Business Act (15 U.S.C. 637(d)) and relevant
            subcontracting regulations issued pursuant to that Act, except
            that women shall be presumed to be socially and economically
            disadvantaged individuals for purposes of this subsection.
            (3) Amounts for small business concerns.--Except to the extent
        that the Secretary determines otherwise, not less than 10 percent
        of the amounts made available for any program under this division
        (other than section 14004), division C, and section 403 of title
        23, United States Code, shall be expended through small business
        concerns owned and controlled by socially and economically
        disadvantaged individuals.
            (4) Annual listing of disadvantaged business enterprises.--Each
        State shall annually--
                (A) survey and compile a list of the small business
            concerns referred to in paragraph (3) in the State, including
            the location of the small business concerns in the State; and
                (B) notify the Secretary, in writing, of the percentage of
            the small business concerns that are controlled by--
                    (i) women;
                    (ii) socially and economically disadvantaged
                individuals (other than women); and
                    (iii) individuals who are women and are otherwise
                socially and economically disadvantaged individuals.
            (5) Uniform certification.--
                (A) In general.--The Secretary shall establish minimum
            uniform criteria for use by State governments in certifying
            whether a concern qualifies as a small business concern for the
            purpose of this subsection.
                (B) Inclusions.--The minimum uniform criteria established
            under subparagraph (A) shall include, with respect to a
            potential small business concern--
                    (i) on-site visits;
                    (ii) personal interviews with personnel;
                    (iii) issuance or inspection of licenses;
                    (iv) analyses of stock ownership;
                    (v) listings of equipment;
                    (vi) analyses of bonding capacity;
                    (vii) listings of work completed;
                    (viii) examination of the resumes of principal owners;
                    (ix) analyses of financial capacity; and
                    (x) analyses of the type of work preferred.
            (6) Reporting.--The Secretary shall establish minimum
        requirements for use by State governments in reporting to the
        Secretary--
                (A) information concerning disadvantaged business
            enterprise awards, commitments, and achievements; and
                (B) such other information as the Secretary determines to
            be appropriate for the proper monitoring of the disadvantaged
            business enterprise program.
            (7) Compliance with court orders.--Nothing in this subsection
        limits the eligibility of an individual or entity to receive funds
        made available under this division, division C, and section 403 of
        title 23, United States Code, if the entity or person is prevented,
        in whole or in part, from complying with paragraph (3) because a
        Federal court issues a final order in which the court finds that a
        requirement or the implementation of paragraph (3) is
        unconstitutional.
            (8) Sense of congress on prompt payment of dbe
        subcontractors.--It is the sense of Congress that--
                (A) the Secretary should take additional steps to ensure
            that recipients comply with section 26.29 of title 49, Code of
            Federal Regulations (the disadvantaged business enterprises
            prompt payment rule), or any corresponding regulation, in
            awarding Federally funded transportation contracts under laws
            and regulations administered by the Secretary; and
                (B) such additional steps should include increasing the
            ability of the Department to track and keep records of
            complaints and to make that information publicly available.
    SEC. 11102. OBLIGATION CEILING.
        (a) General Limitation.--Subject to subsection (e), and
    notwithstanding any other provision of law, the obligations for
    Federal-aid highway and highway safety construction programs shall not
    exceed--
            (1) $57,473,430,072 for fiscal year 2022;
            (2) $58,764,510,674 for fiscal year 2023;
            (3) $60,095,782,888 for fiscal year 2024;
            (4) $61,314,170,545 for fiscal year 2025; and
            (5) $62,657,105,821 for fiscal year 2026.
        (b) Exceptions.--The limitations under subsection (a) shall not
    apply to obligations under or for--
            (1) section 125 of title 23, United States Code;
            (2) section 147 of the Surface Transportation Assistance Act of
        1978 (23 U.S.C. 144 note; 92 Stat. 2714);
            (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat.
        1701);
            (4) subsections (b) and (j) of section 131 of the Surface
        Transportation Assistance Act of 1982 (96 Stat. 2119);
            (5) subsections (b) and (c) of section 149 of the Surface
        Transportation and Uniform Relocation Assistance Act of 1987 (101
        Stat. 198);
            (6) sections 1103 through 1108 of the Intermodal Surface
        Transportation Efficiency Act of 1991 (105 Stat. 2027);
            (7) section 157 of title 23, United States Code (as in effect
        on June 8, 1998);
            (8) section 105 of title 23, United States Code (as in effect
        for fiscal years 1998 through 2004, but only in an amount equal to
        $639,000,000 for each of those fiscal years);
            (9) Federal-aid highway programs for which obligation authority
        was made available under the Transportation Equity Act for the 21st
        Century (112 Stat. 107) or subsequent Acts for multiple years or to
        remain available until expended, but only to the extent that the
        obligation authority has not lapsed or been used;
            (10) section 105 of title 23, United States Code (as in effect
        for fiscal years 2005 through 2012, but only in an amount equal to
        $639,000,000 for each of those fiscal years);
            (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119 Stat.
        1248), to the extent that funds obligated in accordance with that
        section were not subject to a limitation on obligations at the time
        at which the funds were initially made available for obligation;
            (12) section 119 of title 23, United States Code (as in effect
        for fiscal years 2013 through 2015, but only in an amount equal to
        $639,000,000 for each of those fiscal years);
            (13) section 119 of title 23, United States Code (as in effect
        for fiscal years 2016 through 2021, but only in an amount equal to
        $639,000,000 for each of those fiscal years); and
            (14) section 119 of title 23, United States Code (but, for
        fiscal years 2022 through 2026, only in an amount equal to
        $639,000,000 for each of those fiscal years).
        (c) Distribution of Obligation Authority.--For each of fiscal years
    2022 through 2026, the Secretary--
            (1) shall not distribute obligation authority provided by
        subsection (a) for the fiscal year for--
                (A) amounts authorized for administrative expenses and
            programs by section 104(a) of title 23, United States Code; and
                (B) amounts authorized for the Bureau of Transportation
            Statistics;
            (2) shall not distribute an amount of obligation authority
        provided by subsection (a) that is equal to the unobligated balance
        of amounts--
                (A) made available from the Highway Trust Fund (other than
            the Mass Transit Account) for Federal-aid highway and highway
            safety construction programs for previous fiscal years the
            funds for which are allocated by the Secretary (or apportioned
            by the Secretary under section 202 or 204 of title 23, United
            States Code); and
                (B) for which obligation authority was provided in a
            previous fiscal year;
            (3) shall determine the proportion that--
                (A) the obligation authority provided by subsection (a) for
            the fiscal year, less the aggregate of amounts not distributed
            under paragraphs (1) and (2) of this subsection; bears to
                (B) the total of the sums authorized to be appropriated for
            the Federal-aid highway and highway safety construction
            programs (other than sums authorized to be appropriated for
            provisions of law described in paragraphs (1) through (13) of
            subsection (b) and sums authorized to be appropriated for
            section 119 of title 23, United States Code, equal to the
            amount referred to in subsection (b)(14) for the fiscal year),
            less the aggregate of the amounts not distributed under
            paragraphs (1) and (2) of this subsection;
            (4) shall distribute the obligation authority provided by
        subsection (a), less the aggregate amounts not distributed under
        paragraphs (1) and (2), for each of the programs (other than
        programs to which paragraph (1) applies) that are allocated by the
        Secretary under this division and title 23, United States Code, or
        apportioned by the Secretary under section 202 or 204 of that
        title, by multiplying--
                (A) the proportion determined under paragraph (3); by
                (B) the amounts authorized to be appropriated for each such
            program for the fiscal year; and
            (5) shall distribute the obligation authority provided by
        subsection (a), less the aggregate amounts not distributed under
        paragraphs (1) and (2) and the amounts distributed under paragraph
        (4), for Federal-aid highway and highway safety construction
        programs that are apportioned by the Secretary under title 23,
        United States Code (other than the amounts apportioned for the
        national highway performance program in section 119 of title 23,
        United States Code, that are exempt from the limitation under
        subsection (b)(14) and the amounts apportioned under sections 202
        and 204 of that title) in the proportion that--
                (A) amounts authorized to be appropriated for the programs
            that are apportioned under title 23, United States Code, to
            each State for the fiscal year; bears to
                (B) the total of the amounts authorized to be appropriated
            for the programs that are apportioned under title 23, United
            States Code, to all States for the fiscal year.
        (d) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (c), the Secretary shall, after August 1 of each of fiscal
    years 2022 through 2026--
            (1) revise a distribution of the obligation authority made
        available under subsection (c) if an amount distributed cannot be
        obligated during that fiscal year; and
            (2) redistribute sufficient amounts to those States able to
        obligate amounts in addition to those previously distributed during
        that fiscal year, giving priority to those States having large
        unobligated balances of funds apportioned under sections 144 (as in
        effect on the day before the date of enactment of MAP-21 (Public
        Law 112-141; 126 Stat. 405)) and 104 of title 23, United States
        Code.
        (e) Applicability of Obligation Limitations to Transportation
    Research Programs.--
            (1) In general.--Except as provided in paragraph (2),
        obligation limitations imposed by subsection (a) shall apply to
        contract authority for transportation research programs carried out
        under chapter 5 of title 23, United States Code.
            (2) Exception.--Obligation authority made available under
        paragraph (1) shall--
                (A) remain available for a period of 4 fiscal years; and
                (B) be in addition to the amount of any limitation imposed
            on obligations for Federal-aid highway and highway safety
            construction programs for future fiscal years.
        (f) Redistribution of Certain Authorized Funds.--
            (1) In general.--Not later than 30 days after the date of
        distribution of obligation authority under subsection (c) for each
        of fiscal years 2022 through 2026, the Secretary shall distribute
        to the States any funds (excluding funds authorized for the program
        under section 202 of title 23, United States Code) that--
                (A) are authorized to be appropriated for the fiscal year
            for Federal-aid highway programs; and
                (B) the Secretary determines will not be allocated to the
            States (or will not be apportioned to the States under section
            204 of title 23, United States Code), and will not be available
            for obligation, for the fiscal year because of the imposition
            of any obligation limitation for the fiscal year.
            (2) Ratio.--Funds shall be distributed under paragraph (1) in
        the same proportion as the distribution of obligation authority
        under subsection (c)(5).
            (3) Availability.--Funds distributed to each State under
        paragraph (1) shall be available for any purpose described in
        section 133(b) of title 23, United States Code.
    SEC. 11103. DEFINITIONS.
        Section 101(a) of title 23, United States Code, is amended--
            (1) in paragraph (4)--
                (A) in subparagraph (A), by inserting ``assessing
            resilience,'' after ``surveying,'';
                (B) in subparagraph (G), by striking ``and'' at the end;
                (C) by redesignating subparagraph (H) as subparagraph (I);
            and
                (D) by inserting after subparagraph (G) the following:
                ``(H) improvements that reduce the number of wildlife-
            vehicle collisions, such as wildlife crossing structures;
            and'';
            (2) by redesignating paragraphs (17) through (34) as paragraphs
        (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29),
        (30), (31), (32), (33), (34), (35), and (36), respectively;
            (3) by inserting after paragraph (16) the following:
            ``(17) Natural infrastructure.--The term `natural
        infrastructure' means infrastructure that uses, restores, or
        emulates natural ecological processes and--
                ``(A) is created through the action of natural physical,
            geological, biological, and chemical processes over time;
                ``(B) is created by human design, engineering, and
            construction to emulate or act in concert with natural
            processes; or
                ``(C) involves the use of plants, soils, and other natural
            features, including through the creation, restoration, or
            preservation of vegetated areas using materials appropriate to
            the region to manage stormwater and runoff, to attenuate
            flooding and storm surges, and for other related purposes.'';
            (4) by inserting after paragraph (23) (as so redesignated) the
        following:
            ``(24) Resilience.--The term `resilience', with respect to a
        project, means a project with the ability to anticipate, prepare
        for, or adapt to conditions or withstand, respond to, or recover
        rapidly from disruptions, including the ability--
                ``(A)(i) to resist hazards or withstand impacts from
            weather events and natural disasters; or
                ``(ii) to reduce the magnitude or duration of impacts of a
            disruptive weather event or natural disaster on a project; and
                ``(B) to have the absorptive capacity, adaptive capacity,
            and recoverability to decrease project vulnerability to weather
            events or other natural disasters.''; and
            (5) in subparagraph (A) of paragraph (32) (as so
        redesignated)--
                (A) by striking the period at the end and inserting ``;
            and'';
                (B) by striking ``through the implementation'' and
            inserting the following: ``through--
                    ``(i) the implementation''; and
                (C) by adding at the end the following:
                    ``(ii) the consideration of incorporating natural
                infrastructure.''.
    SEC. 11104. APPORTIONMENT.
        (a) Administrative Expenses.--Section 104(a)(1) of title 23, United
    States Code, is amended by striking subparagraphs (A) through (E) and
    inserting the following:
                ``(A) $490,964,697 for fiscal year 2022;
                ``(B) $500,783,991 for fiscal year 2023;
                ``(C) $510,799,671 for fiscal year 2024;
                ``(D) $521,015,664 for fiscal year 2025; and
                ``(E) $531,435,977 for fiscal year 2026.''.
        (b) Division Among Programs of State Share.--Section 104(b) of
    title 23, United States Code, is amended in subsection (b)--
            (1) in the matter preceding paragraph (1), by inserting ``the
        carbon reduction program under section 175, to carry out subsection
        (c) of the PROTECT program under section 176,'' before ``and to
        carry out section 134'';
            (2) in paragraph (1), by striking ``63.7 percent'' and
        inserting ``59.0771195921461 percent'';
            (3) in paragraph (2), by striking ``29.3 percent'' and
        inserting ``28.7402203421251 percent'';
            (4) in paragraph (3), by striking ``7 percent'' and inserting
        ``6.70605141316253 percent'';
            (5) by striking paragraph (4) and inserting the following:
            ``(4) Congestion mitigation and air quality improvement
        program.--
                ``(A) In general.--For the congestion mitigation and air
            quality improvement program, an amount determined for the State
            under subparagraphs (B) and (C).
                ``(B) Total amount.--The total amount for the congestion
            mitigation and air quality improvement program for all States
            shall be--
                    ``(i) $2,536,490,803 for fiscal year 2022;
                    ``(ii) $2,587,220,620 for fiscal year 2023;
                    ``(iii) $2,638,965,032 for fiscal year 2024;
                    ``(iv) $2,691,744,332 for fiscal year 2025; and
                    ``(v) $2,745,579,213 for fiscal year 2026.
                ``(C) State share.--For each fiscal year, the Secretary
            shall distribute among the States the total amount for the
            congestion mitigation and air quality improvement program under
            subparagraph (B) so that each State receives an amount equal to
            the proportion that--
                    ``(i) the amount apportioned to the State for the
                congestion mitigation and air quality improvement program
                for fiscal year 2020; bears to
                    ``(ii) the total amount of funds apportioned to all
                States for that program for fiscal year 2020.'';
            (6) in paragraph (5)--
                (A) by striking subparagraph (B) and inserting the
            following:
                ``(B) Total amount.--The total amount set aside for the
            national highway freight program for all States shall be--
                    ``(i) $1,373,932,519 for fiscal year 2022;
                    ``(ii) $1,401,411,169 for fiscal year 2023;
                    ``(iii) $1,429,439,392 for fiscal year 2024;
                    ``(iv) $1,458,028,180 for fiscal year 2025; and
                    ``(v) $1,487,188,740 for fiscal year 2026.''; and
                (B) by striking subparagraph (D); and
            (7) by striking paragraph (6) and inserting the following:
            ``(6) Metropolitan planning.--
                ``(A) In general.--To carry out section 134, an amount
            determined for the State under subparagraphs (B) and (C).
                ``(B) Total amount.--The total amount for metropolitan
            planning for all States shall be--
                    ``(i) $ 438,121,139 for fiscal year 2022;
                    ``(ii) $446,883,562 for fiscal year 2023;
                    ``(iii) $455,821,233 for fiscal year 2024;
                    ``(iv) $464,937,657 for fiscal year 2025; and
                    ``(v) $474,236,409 for fiscal year 2026.
                ``(C) State share.--For each fiscal year, the Secretary
            shall distribute among the States the total amount to carry out
            section 134 under subparagraph (B) so that each State receives
            an amount equal to the proportion that--
                    ``(i) the amount apportioned to the State to carry out
                section 134 for fiscal year 2020; bears to
                    ``(ii) the total amount of funds apportioned to all
                States to carry out section 134 for fiscal year 2020.
            ``(7) Carbon reduction program.--For the carbon reduction
        program under section 175, 2.56266964565637 percent of the amount
        remaining after distributing amounts under paragraphs (4), (5), and
        (6).
            ``(8) PROTECT formula program.--To carry out subsection (c) of
        the PROTECT program under section 176, 2.91393900690991 percent of
        the amount remaining after distributing amounts under paragraphs
        (4), (5), and (6).''.
        (c) Calculation of Amounts.--Section 104(c) of title 23, United
    States Code, is amended--
            (1) in paragraph (1)--
                (A) in the matter preceding subparagraph (A), by striking
            ``each of fiscal years 2016 through 2020'' and inserting
            ``fiscal year 2022 and each fiscal year thereafter'';
                (B) in subparagraph (A)--
                    (i) by striking clause (i) and inserting the following:
                    ``(i) the base apportionment; by''; and
                    (ii) in clause (ii)(I), by striking ``fiscal year
                2015'' and inserting ``fiscal year 2021''; and
                (C) by striking subparagraph (B) and inserting the
            following:
                ``(B) Guaranteed amounts.--The initial amounts resulting
            from the calculation under subparagraph (A) shall be adjusted
            to ensure that each State receives an aggregate apportionment
            that is--
                    ``(i) equal to at least 95 percent of the estimated tax
                payments paid into the Highway Trust Fund (other than the
                Mass Transit Account) in the most recent fiscal year for
                which data are available that are--

                        ``(I) attributable to highway users in the State;
                    and
                        ``(II) associated with taxes in effect on July 1,
                    2019, and only up to the rate those taxes were in
                    effect on that date;

                    ``(ii) at least 2 percent greater than the
                apportionment that the State received for fiscal year 2021;
                and
                    ``(iii) at least 1 percent greater than the
                apportionment that the State received for the previous
                fiscal year.''; and
            (2) in paragraph (2)--
                (A) by striking ``fiscal years 2016 through 2020'' and
            inserting ``fiscal year 2022 and each fiscal year thereafter'';
            and
                (B) by inserting ``the carbon reduction program under
            section 175, to carry out subsection (c) of the PROTECT program
            under section 176,'' before ``and to carry out section 134''.
        (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23,
    United States Code, is amended by striking ``paragraphs (5)(D) and (6)
    of subsection (b)'' each place it appears and inserting ``subsection
    (b)(6)''.
        (e) Supplemental Funds.--Section 104 of title 23, United States
    Code, is amended by striking subsection (h).
        (f) Base Apportionment Defined.--Section 104 of title 23, United
    States Code, is amended--
            (1) by redesignating subsection (i) as subsection (h); and
            (2) in subsection (h) (as so redesignated)--
                (A) by striking ``means'' in the matter preceding paragraph
            (1) and all that follows through ``the combined amount'' in
            paragraph (1) and inserting ``means the combined amount'';
                (B) by striking ``and to carry out section 134; minus'' and
            inserting ``the carbon reduction program under section 175, to
            carry out subsection (c) of the PROTECT program under section
            176, and to carry out section 134.''; and
                (C) by striking paragraph (2).
    SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.
        Section 119 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                (A) in paragraph (2), by striking ``and'' at the end;
                (B) in paragraph (3), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(4) to provide support for activities to increase the
        resiliency of the National Highway System to mitigate the cost of
        damages from sea level rise, extreme weather events, flooding,
        wildfires, or other natural disasters.'';
            (2) in subsection (d)(2), by adding at the end the following:
                ``(Q) Undergrounding public utility infrastructure carried
            out in conjunction with a project otherwise eligible under this
            section.
                ``(R) Resiliency improvements on the National Highway
            System, including protective features described in subsection
            (k)(2).
                ``(S) Implement activities to protect segments of the
            National Highway System from cybersecurity threats.'';
            (3) in subsection (e)(4)(D), by striking ``analysis'' and
        inserting ``analyses, both of which shall take into consideration
        extreme weather and resilience''; and
            (4) by adding at the end the following:
        ``(k) Protective Features.--
            ``(1) In general.--A State may use not more than 15 percent of
        the funds apportioned to the State under section 104(b)(1) for each
        fiscal year for 1 or more protective features on a Federal-aid
        highway or bridge not on the National Highway System, if the
        protective feature is designed to mitigate the risk of recurring
        damage or the cost of future repairs from extreme weather events,
        flooding, or other natural disasters.
            ``(2) Protective features described.--A protective feature
        referred to in paragraph (1) includes--
                ``(A) raising roadway grades;
                ``(B) relocating roadways in a base floodplain to higher
            ground above projected flood elevation levels or away from
            slide prone areas;
                ``(C) stabilizing slide areas;
                ``(D) stabilizing slopes;
                ``(E) lengthening or raising bridges to increase waterway
            openings;
                ``(F) increasing the size or number of drainage structures;
                ``(G) replacing culverts with bridges or upsizing culverts;
                ``(H) installing seismic retrofits on bridges;
                ``(I) adding scour protection at bridges, installing
            riprap, or adding other scour, stream stability, coastal, or
            other hydraulic countermeasures, including spur dikes; and
                ``(J) the use of natural infrastructure to mitigate the
            risk of recurring damage or the cost of future repair from
            extreme weather events, flooding, or other natural disasters.
            ``(3) Savings provision.--Nothing in this subsection limits the
        ability of a State to carry out a project otherwise eligible under
        subsection (d) using funds apportioned under section 104(b)(1).''.
    SEC. 11106. EMERGENCY RELIEF.
        Section 125 of title 23, United States Code, is amended--
            (1) in subsection (a)(1), by inserting ``wildfire,'' after
        ``severe storm,'';
            (2) by striking subsection (b) and inserting the following:
        ``(b) Restriction on Eligibility.--Funds under this section shall
    not be used for the repair or reconstruction of a bridge that has been
    permanently closed to all vehicular traffic by the State or responsible
    local official because of imminent danger of collapse due to a
    structural deficiency or physical deterioration.''; and
            (3) in subsection (d)--
                (A) in paragraph (2)(A)--
                    (i) by striking the period at the end and inserting ``;
                and'';
                    (ii) by striking ``a facility that meets the current''
                and inserting the following: ``a facility that--
                    ``(i) meets the current''; and
                    (iii) by adding at the end the following:
                    ``(ii) incorporates economically justifiable
                improvements that will mitigate the risk of recurring
                damage from extreme weather, flooding, and other natural
                disasters.'';
                (B) by redesignating paragraph (3) as paragraph (4); and
                (C) by inserting after paragraph (2) the following:
            ``(3) Protective features.--
                ``(A) In general.--The cost of an improvement that is part
            of a project under this section shall be an eligible expense
            under this section if the improvement is a protective feature
            that will mitigate the risk of recurring damage or the cost of
            future repair from extreme weather, flooding, and other natural
            disasters.
                ``(B) Protective features described.--A protective feature
            referred to in subparagraph (A) includes--
                    ``(i) raising roadway grades;
                    ``(ii) relocating roadways in a floodplain to higher
                ground above projected flood elevation levels or away from
                slide prone areas;
                    ``(iii) stabilizing slide areas;
                    ``(iv) stabilizing slopes;
                    ``(v) lengthening or raising bridges to increase
                waterway openings;
                    ``(vi) increasing the size or number of drainage
                structures;
                    ``(vii) replacing culverts with bridges or upsizing
                culverts;
                    ``(viii) installing seismic retrofits on bridges;
                    ``(ix) adding scour protection at bridges, installing
                riprap, or adding other scour, stream stability, coastal,
                or other hydraulic countermeasures, including spur dikes;
                and
                    ``(x) the use of natural infrastructure to mitigate the
                risk of recurring damage or the cost of future repair from
                extreme weather, flooding, and other natural disasters.''.
    SEC. 11107. FEDERAL SHARE PAYABLE.
        Section 120 of title 23, United States Code, is amended--
            (1) in subsection (c)--
                (A) in paragraph (1), in the first sentence, by inserting
            ``vehicle-to-infrastructure communication equipment,'' after
            ``breakaway utility poles,'';
                (B) in subparagraph (3)(B)--
                    (i) in clause (v), by striking ``or'' at the end;
                    (ii) by redesignating clause (vi) as clause (vii); and
                    (iii) by inserting after clause (v) the following:
                    ``(vi) contractual provisions that provide safety
                contingency funds to incorporate safety enhancements to
                work zones prior to or during roadway construction
                activities; or''; and
                (C) by adding at the end the following:
            ``(4) Pooled funding.--Notwithstanding any other provision of
        law, the Secretary may waive the non-Federal share of the cost of a
        project or activity under section 502(b)(6) that is carried out
        with amounts apportioned under section 104(b)(2) after considering
        appropriate factors, including whether--
                ``(A) decreasing or eliminating the non-Federal share would
            best serve the interests of the Federal-aid highway program;
            and
                ``(B) the project or activity addresses national or
            regional high priority research, development, and technology
            transfer problems in a manner that would benefit multiple
            States or metropolitan planning organizations.'';
            (2) in subsection (e)--
                (A) in paragraph (1), by striking ``180 days'' and
            inserting ``270 days''; and
                (B) in paragraph (4), by striking ``permanent''; and
            (3) by adding at the end the following:
        ``(l) Federal Share Flexibility Pilot Program.--
            ``(1) Establishment.--Not later than 180 days after the date of
        enactment of the Surface Transportation Reauthorization Act of
        2021, the Secretary shall establish a pilot program (referred to in
        this subsection as the `pilot program') to give States additional
        flexibility with respect to the Federal requirements under this
        section.
            ``(2) Program.--
                ``(A) In general.--Notwithstanding any other provision of
            law, a State participating in the pilot program (referred to in
            this subsection as a `participating State') may determine the
            Federal share on a project, multiple-project, or program basis
            for projects under any of the following:
                    ``(i) The national highway performance program under
                section 119.
                    ``(ii) The surface transportation block grant program
                under section 133.
                    ``(iii) The highway safety improvement program under
                section 148.
                    ``(iv) The congestion mitigation and air quality
                improvement program under section 149.
                    ``(v) The national highway freight program under
                section 167.
                    ``(vi) The carbon reduction program under section 175.
                    ``(vii) Subsection (c) of the PROTECT program under
                section 176.
                ``(B) Requirements.--
                    ``(i) Maximum federal share.--Subject to clause (iii),
                the Federal share of the cost of an individual project
                carried out under a program described in subparagraph (A)
                by a participating State and to which the participating
                State is applying the Federal share requirements under the
                pilot program may be up to 100 percent.
                    ``(ii) Minimum federal share.--No individual project
                carried out under a program described in subparagraph (A)
                by a participating State and to which the participating
                State is applying the Federal share requirements under the
                pilot program shall have a Federal share of 0 percent.
                    ``(iii) Determination.--The average annual Federal
                share of the total cost of all projects authorized under a
                program described in subparagraph (A) to which a
                participating State is applying the Federal share
                requirements under the pilot program shall be not more than
                the average of the maximum Federal share of those projects
                if those projects were not carried out under the pilot
                program.
                ``(C) Selection.--
                    ``(i) Application.--A State seeking to be a
                participating State shall--

                        ``(I) submit to the Secretary an application in
                    such form, at such time, and containing such
                    information as the Secretary may require; and
                        ``(II) have in place adequate financial controls to
                    allow the State to determine the average annual Federal
                    share requirements under the pilot program.

                    ``(ii) Requirement.--For each of fiscal years 2022
                through 2026, the Secretary shall select not more than 10
                States to be participating States.''.
    SEC. 11108. RAILWAY-HIGHWAY GRADE CROSSINGS.
        (a) In General.--Section 130(e) of title 23, United States Code, is
    amended--
            (1) in the heading, by striking ``Protective Devices'' and
        inserting ``Railway-Highway Grade Crossings''; and
            (2) in paragraph (1)--
                (A) in subparagraph (A), by striking ``and the installation
            of protective devices at railway-highway crossings'' in the
            matter preceding clause (i) and all that follows through
            ``2020.'' in clause (v) and inserting the following: ``, the
            installation of protective devices at railway-highway
            crossings, the replacement of functionally obsolete warning
            devices, and as described in subparagraph (B), not less than
            $245,000,000 for each of fiscal years 2022 through 2026.''; and
                (B) by striking subparagraph (B) and inserting the
            following:
                ``(B) Reducing trespassing fatalities and injuries.--A
            State may use funds set aside under subparagraph (A) for
            projects to reduce pedestrian fatalities and injuries from
            trespassing at grade crossings.''.
        (b) Federal Share.--Section 130(f)(3) of title 23, United States
    Code, is amended by striking ``90 percent'' and inserting ``100
    percent''.
        (c) Incentive Payments for At-grade Crossing Closures.--Section
    130(i)(3)(B) of title 23, United States Code, is amended by striking
    ``$7,500'' and inserting ``$100,000''.
        (d) Expenditure of Funds.--Section 130(k) of title 23, United
    States Code, is amended by striking ``2 percent'' and inserting ``8
    percent''.
        (e) GAO Study.--Not later than 3 years after the date of enactment
    of this Act, the Comptroller General of the United States shall submit
    to Congress a report that includes an analysis of the effectiveness of
    the railway-highway crossings program under section 130 of title 23,
    United States Code.
        (f) Sense of Congress Relating to Trespasser Deaths Along Railroad
    Rights-of-way.--It is the sense of Congress that the Department should,
    where feasible, coordinate departmental efforts to prevent or reduce
    trespasser deaths along railroad rights-of-way and at or near railway-
    highway crossings.
    SEC. 11109. SURFACE TRANSPORTATION BLOCK GRANT PROGRAM.
        (a) In General.--Section 133 of title 23, United States Code, is
    amended--
            (1) in subsection (b)--
                (A) in paragraph (1)--
                    (i) in subparagraph (B)--

                        (I) by adding ``or'' at the end;
                        (II) by striking ``facilities eligible'' and
                    inserting the following: ``facilities--

                    ``(i) that are eligible''; and

                        (III) by adding at the end the following:

                    ``(ii) that are privately or majority-privately owned,
                but that the Secretary determines provide a substantial
                public transportation benefit or otherwise meet the
                foremost needs of the surface transportation system
                described in section 101(b)(3)(D);'';
                    (ii) in subparagraph (E), by striking ``and'' at the
                end;
                    (iii) in subparagraph (F), by striking the period at
                the end and inserting ``; and''; and
                    (iv) by adding at the end the following:
                ``(G) wildlife crossing structures.'';
                (B) in paragraph (3), by inserting ``148(a)(4)(B)(xvii),''
            after ``119(g),'';
                (C) by redesignating paragraphs (4) through (15) as
            paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13),
            (20), (21), and (22), respectively;
                (D) in paragraph (5) (as so redesignated), by striking
            ``railway-highway grade crossings'' and inserting ``projects
            eligible under section 130 and installation of safety barriers
            and nets on bridges'';
                (E) in paragraph (7) (as so redesignated)--
                    (i) by inserting ``including the maintenance and
                restoration of existing recreational trails,'' after
                ``section 206''; and
                    (ii) by striking ``the safe routes to school program
                under section 1404 of SAFETEA-LU (23 U.S.C. 402 note)'' and
                inserting ``the safe routes to school program under section
                208'';
                (F) by inserting after paragraph (13) (as so redesignated)
            the following:
            ``(14) Projects and strategies designed to reduce the number of
        wildlife-vehicle collisions, including project-related planning,
        design, construction, monitoring, and preventative maintenance.
            ``(15) The installation of electric vehicle charging
        infrastructure and vehicle-to-grid infrastructure.
            ``(16) The installation and deployment of current and emerging
        intelligent transportation technologies, including the ability of
        vehicles to communicate with infrastructure, buildings, and other
        road users.
            ``(17) Planning and construction of projects that facilitate
        intermodal connections between emerging transportation
        technologies, such as magnetic levitation and hyperloop.
            ``(18) Protective features, including natural infrastructure,
        to enhance the resilience of a transportation facility otherwise
        eligible for assistance under this section.
            ``(19) Measures to protect a transportation facility otherwise
        eligible for assistance under this section from cybersecurity
        threats.''; and
                (G) by adding at the end the following:
            ``(23) Rural barge landing, dock, and waterfront infrastructure
        projects in accordance with subsection (j).
            ``(24) Projects to enhance travel and tourism.'';
            (2) in subsection (c)--
                (A) in paragraph (2), by striking ``paragraphs (4) through
            (11)'' and inserting ``paragraphs (5) through (15) and
            paragraph (23)'';
                (B) in paragraph (3), by striking ``and'' at the end;
                (C) by redesignating paragraph (4) as paragraph (5); and
                (D) by inserting after paragraph (3) the following:
            ``(4) for a bridge project for the replacement of a low water
        crossing (as defined by the Secretary) with a bridge; and'';
            (3) in subsection (d)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``reservation'' and inserting ``set aside''; and
                    (ii) in subparagraph (A)--

                        (I) in the matter preceding clause (i), by striking
                    ``the percentage specified in paragraph (6) for a
                    fiscal year'' and inserting ``55 percent for each of
                    fiscal years 2022 through 2026''; and
                        (II) by striking clauses (ii) and (iii) and
                    inserting the following:

                    ``(ii) in urbanized areas of the State with an
                urbanized area population of not less than 50,000 and not
                more than 200,000;
                    ``(iii) in urban areas of the State with a population
                not less than 5,000 and not more than 49,999; and
                    ``(iv) in other areas of the State with a population
                less than 5,000; and'';
                (B) by striking paragraph (3) and inserting the following:
            ``(3) Local consultation.--
                ``(A) Consultation with metropolitan planning
            organizations.--For purposes of clause (ii) of paragraph
            (1)(A), a State shall--
                    ``(i) establish a process to consult with all
                metropolitan planning organizations in the State that
                represent an urbanized area described in that clause; and
                    ``(ii) describe how funds allocated for areas described
                in that clause will be allocated equitably among the
                applicable urbanized areas during the period of fiscal
                years 2022 through 2026.
                ``(B) Consultation with regional transportation planning
            organizations.--For purposes of clauses (iii) and (iv) of
            paragraph (1)(A), before obligating funding attributed to an
            area with a population less than 50,000, a State shall consult
            with the regional transportation planning organizations that
            represent the area, if any.''; and
                (C) by striking paragraph (6);
            (4) in subsection (e)(1), in the matter preceding subparagraph
        (A), by striking ``fiscal years 2016 through 2020'' and inserting
        ``fiscal years 2022 through 2026'';
            (5) in subsection (f)--
                (A) in paragraph (1)--
                    (i) by inserting ``or low water crossing (as defined by
                the Secretary)'' after ``a highway bridge''; and
                    (ii) by inserting ``or low water crossing (as defined
                by the Secretary)'' after ``other than a bridge'';
                (B) in paragraph (2)(A)--
                    (i) by striking ``activities described in subsection
                (b)(2) for off-system bridges'' and inserting ``activities
                described in paragraphs (1)(A) and (10) of subsection (b)
                for off-system bridges, projects and activities described
                in subsection (b)(1)(A) for the replacement of low water
                crossings with bridges, and projects and activities
                described in subsection (b)(10) for low water crossings (as
                defined by the Secretary),''; and
                    (ii) by striking ``15 percent'' and inserting ``20
                percent''; and
                (C) in paragraph (3), in the matter preceding subparagraph
            (A)--
                    (i) by striking ``bridge or rehabilitation of a
                bridge'' and inserting ``bridge, rehabilitation of a
                bridge, or replacement of a low water crossing (as defined
                by the Secretary) with a bridge''; and
                    (ii) by inserting ``or, in the case of a replacement of
                a low water crossing with a bridge, is determined by the
                Secretary on completion to have improved the safety of the
                location'' after ``no longer a deficient bridge'';
            (6) in subsection (g)--
                (A) in the subsection heading, by striking ``Less Than
            5,000'' and inserting ``Less Than 50,000''; and
                (B) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Notwithstanding subsection (c), and except
        as provided in paragraph (2), up to 15 percent of the amounts
        required to be obligated by a State under clauses (iii) and (iv) of
        subsection (d)(1)(A) for each fiscal year may be obligated on--
                ``(A) roads functionally classified as rural minor
            collectors or local roads; or
                ``(B) on critical rural freight corridors designated under
            section 167(e).''; and
            (7) by adding at the end the following:
        ``(j) Rural Barge Landing, Dock, and Waterfront Infrastructure
    Projects.--
            ``(1) In general.--A State may use not more than 5 percent of
        the funds apportioned to the State under section 104(b)(2) for
        eligible rural barge landing, dock, and waterfront infrastructure
        projects described in paragraph (2).
            ``(2) Eligible projects.--An eligible rural barge landing,
        dock, or waterfront infrastructure project referred to in paragraph
        (1) is a project for the planning, designing, engineering, or
        construction of a barge landing, dock, or other waterfront
        infrastructure in a rural community or a Native village (as defined
        in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C.
        1602)) that is off the road system.
        ``(k) Projects in Rural Areas.--
            ``(1) Set aside.--Notwithstanding subsection (c), in addition
        to the activities described in subsections (b) and (g), of the
        amounts apportioned to a State for each fiscal year to carry out
        this section, not more than 15 percent may be--
                ``(A) used on eligible projects under subsection (b) or
            maintenance activities on roads functionally classified as
            rural minor collectors or local roads, ice roads, or seasonal
            roads; or
                ``(B) transferred to--
                    ``(i) the Appalachian Highway System Program under
                14501 of title 40; or
                    ``(ii) the Denali access system program under section
                309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
                note; Public Law 105-277).
            ``(2) Savings clause.--Amounts allocated under subsection (d)
        shall not be used to carry out this subsection, except at the
        request of the applicable metropolitan planning organization.''.
        (b) Set-aside.--
            (1) In general.--Section 133(h) of title 23, United States
        Code, is amended--
                (A) in paragraph (1)--
                    (i) in the heading, by striking ``Reservation of
                funds'' and inserting ``In general''; and
                    (ii) in the matter preceding subparagraph (A), by
                striking ``for each fiscal year'' and all that follows
                through ``and'' at the end of subparagraph (A)(ii) and
                inserting the following: ``for fiscal year 2022 and each
                fiscal year thereafter--
                ``(A) the Secretary shall set aside an amount equal to 10
            percent to carry out this subsection; and'';
                (B) by striking paragraph (2) and inserting the following:
            ``(2) Allocation within a state.--
                ``(A) In general.--Except as provided in subparagraph (B),
            funds set aside for a State under paragraph (1) shall be
            obligated within that State in the manner described in
            subsection (d), except that, for purposes of this paragraph
            (after funds are made available under paragraph (5))--
                    ``(i) for fiscal year 2022 and each fiscal year
                thereafter, the percentage referred to in paragraph (1)(A)
                of that subsection shall be deemed to be 59 percent; and
                    ``(ii) paragraph (3) of subsection (d) shall not apply.
                ``(B) Local control.--A State may allocate up to 100
            percent of the funds referred to in subparagraph (A)(i) if--
                    ``(i) the State submits to the Secretary a plan that
                describes--

                        ``(I) how funds will be allocated to counties,
                    metropolitan planning organizations, regional
                    transportation planning organizations as described in
                    section 135(m), or local governments;
                        ``(II) how the entities described in subclause (I)
                    will carry out a competitive process to select projects
                    for funding and report selected projects to the State;
                        ``(III) the legal, financial, and technical
                    capacity of the entities described in subclause (I);
                        ``(IV) how input was gathered from the entities
                    described in subclause (I) to ensure those entities
                    will be able to comply with the requirements of this
                    subsection; and
                        ``(V) how the State will comply with paragraph (8);
                    and

                    ``(ii) the Secretary approves the plan submitted under
                clause (i).'';
                (C) by striking paragraph (3) and inserting the following:
            ``(3) Eligible projects.--Funds set aside under this subsection
        may be obligated for--
                ``(A) projects or activities described in section
            101(a)(29) or 213, as those provisions were in effect on the
            day before the date of enactment of the FAST Act (Public Law
            114-94; 129 Stat. 1312);
                ``(B) projects and activities under the safe routes to
            school program under section 208; and
                ``(C) activities in furtherance of a vulnerable road user
            safety assessment (as defined in section 148(a)).'';
                (D) in paragraph (4)--
                    (i) by striking subparagraph (A);
                    (ii) by redesignating subparagraph (B) as subparagraph
                (A);
                    (iii) in subparagraph (A) (as so redesignated)--

                        (I) by redesignating clauses (vii) and (viii) as
                    clauses (viii) and (ix), respectively;
                        (II) by inserting after clause (vi) the following:

                    ``(vii) a metropolitan planning organization that
                serves an urbanized area with a population of 200,000 or
                fewer;'';

                        (III) in clause (viii) (as so redesignated), by
                    striking ``responsible'' and all that follows through
                    ``programs; and'' and inserting a semicolon;
                        (IV) in clause (ix) (as so redesignated)--

                            (aa) by inserting ``that serves an urbanized
                        area with a population of over 200,000'' after
                        ``metropolitan planning organization''; and
                            (bb) by striking the period at the end and
                        inserting ``; and''; and

                        (V) by adding at the end the following:

                    ``(x) a State, at the request of an entity described in
                clauses (i) through (ix).''; and
                    (iv) by adding at the end the following:
                ``(B) Competitive process.--A State or metropolitan
            planning organization required to obligate funds in accordance
            with paragraph (2) shall develop a competitive process to allow
            eligible entities to submit projects for funding that achieve
            the objectives of this subsection.
                ``(C) Selection.--A metropolitan planning organization for
            an area described in subsection (d)(1)(A)(i) shall select
            projects under the competitive process described in
            subparagraph (B) in consultation with the relevant State.
                ``(D) Prioritization.--The competitive process described in
            subparagraph (B) shall include prioritization of project
            location and impact in high-need areas as defined by the State,
            such as low-income, transit-dependent, rural, or other
            areas.'';
                (E) in paragraph (5)(A), by striking ``reserved under this
            section'' and inserting ``set aside under this subsection'';
                (F) in paragraph (6)--
                    (i) in subparagraph (B), by striking ``reserved'' and
                inserting ``set aside''; and
                    (ii) by adding at the end the following:
                ``(C) Improving accessibility and efficiency.--
                    ``(i) In general.--A State may use an amount equal to
                not more than 5 percent of the funds set aside for the
                State under this subsection, after allocating funds in
                accordance with paragraph (2)(A), to improve the ability of
                applicants to access funding for projects under this
                subsection in an efficient and expeditious manner by
                providing--

                        ``(I) to applicants for projects under this
                    subsection application assistance, technical
                    assistance, and assistance in reducing the period of
                    time between the selection of the project and the
                    obligation of funds for the project; and
                        ``(II) funding for 1 or more full-time State
                    employee positions to administer this subsection.

                    ``(ii) Use of funds.--Amounts used under clause (i) may
                be expended--

                        ``(I) directly by the State; or
                        ``(II) through contracts with State agencies,
                    private entities, or nonprofit entities.'';

                (G) by redesignating paragraph (7) as paragraph (8);
                (H) by inserting after paragraph (6) the following:
            ``(7) Federal share.--
                ``(A) Required aggregate non-federal share.--The average
            annual non-Federal share of the total cost of all projects for
            which funds are obligated under this subsection in a State for
            a fiscal year shall be not less than the average non-Federal
            share of the cost of the projects that would otherwise apply.
                ``(B) Flexible financing.--Subject to subparagraph (A),
            notwithstanding section 120--
                    ``(i) funds made available to carry out section 148 may
                be credited toward the non-Federal share of the costs of a
                project under this subsection if the project--

                        ``(I) is an eligible project described in section
                    148(e)(1); and
                        ``(II) is consistent with the State strategic
                    highway safety plan (as defined in section 148(a));

                    ``(ii) the non-Federal share for a project under this
                subsection may be calculated on a project, multiple-
                project, or program basis; and
                    ``(iii) the Federal share of the cost of an individual
                project in this section may be up to 100 percent.
                ``(C) Requirement.--Subparagraph (B) shall only apply to a
            State if the State has adequate financial controls, as
            certified by the Secretary, to account for the average annual
            non-Federal share under this paragraph.''; and
                (I) in subparagraph (A) of paragraph (8) (as so
            redesignated)--
                    (i) in the matter preceding clause (i), by striking
                ``describes'' and inserting ``includes''; and
                    (ii) by striking clause (ii) and inserting the
                following:
                    ``(ii) a list of each project selected for funding for
                each fiscal year, including, for each project--

                        ``(I) the fiscal year during which the project was
                    selected;
                        ``(II) the fiscal year in which the project is
                    anticipated to be funded;
                        ``(III) the recipient;
                        ``(IV) the location, including the congressional
                    district;
                        ``(V) the type;
                        ``(VI) the cost; and
                        ``(VII) a brief description.''.

            (2) State transferability.--Section 126(b)(2) of title 23,
        United States Code, is amended--
                (A) by striking the period at the end and inserting ``;
            and'';
                (B) by striking ``reserved for a State under section 133(h)
            for a fiscal year may'' and inserting the following: ``set
            aside for a State under section 133(h) for a fiscal year--
                ``(A) may''; and
                (C) by adding at the end the following:
                ``(B) may only be transferred if the Secretary certifies
            that the State--
                    ``(i) held a competition in compliance with the
                guidance issued to carry out section 133(h) and provided
                sufficient time for applicants to apply;
                    ``(ii) offered to each eligible entity, and provided on
                request of an eligible entity, technical assistance; and
                    ``(iii) demonstrates that there were not sufficiently
                suitable applications from eligible entities to use the
                funds to be transferred.''.
    SEC. 11110. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
        (a) In General.--Section 117 of title 23, United States Code, is
    amended--
            (1) in the section heading, by inserting ``multimodal'' before
        ``freight'';
            (2) in subsection (a)(2)--
                (A) in subparagraph (A), by inserting ``in and across rural
            and urban areas'' after ``people'';
                (B) in subparagraph (C), by inserting ``or freight'' after
            ``highway'';
                (C) in subparagraph (E), by inserting ``or freight'' after
            ``highway''; and
                (D) in subparagraph (F), by inserting ``, including
            highways that support movement of energy equipment'' after
            ``security'';
            (3) in subsection (b), by adding at the end the following:
            ``(3) Grant administration.--The Secretary may--
                ``(A) retain not more than a total of 2 percent of the
            funds made available to carry out this section for the National
            Surface Transportation and Innovative Finance Bureau to review
            applications for grants under this section; and
                ``(B) transfer portions of the funds retained under
            subparagraph (A) to the relevant Administrators to fund the
            award and oversight of grants provided under this section.'';
            (4) in subsection (c)(1)--
                (A) by redesignating subparagraph (H) as subparagraph (I);
            and
                (B) by inserting after subparagraph (G) the following:
                ``(H) A multistate corridor organization.'';
            (5) in subsection (d)--
                (A) in paragraph (1)(A)--
                    (i) in clause (iii)(II), by striking ``or'' at the end;
                    (ii) in clause (iv), by striking ``and'' at the end;
                and
                    (iii) by adding at the end the following:
                    ``(v) a wildlife crossing project;
                    ``(vi) a surface transportation infrastructure project
                that--

                        ``(I) is located within the boundaries of or
                    functionally connected to an international border
                    crossing area in the United States;
                        ``(II) improves a transportation facility owned by
                    a Federal, State, or local government entity; and
                        ``(III) increases throughput efficiency of the
                    border crossing described in subclause (I), including--

                            ``(aa) a project to add lanes;
                            ``(bb) a project to add technology; and
                            ``(cc) other surface transportation
                        improvements;
                    ``(vii) a project for a marine highway corridor
                designated by the Secretary under section 55601(c) of title
                46 (including an inland waterway corridor), if the
                Secretary determines that the project--

                        ``(I) is functionally connected to the National
                    Highway Freight Network; and
                        ``(II) is likely to reduce on-road mobile source
                    emissions; or

                    ``(viii) a highway, bridge, or freight project carried
                out on the National Multimodal Freight Network established
                under section 70103 of title 49; and''; and
                (B) in paragraph (2)(A), in the matter preceding clause
            (i)--
                    (i) by striking ``$600,000,000'' and inserting ``30
                percent''; and
                    (ii) by striking ``fiscal years 2016 through 2020, in
                the aggregate,'' and inserting ``each of fiscal years 2022
                through 2026'';
            (6) in subsection (e)--
                (A) in paragraph (1), by striking ``10 percent'' and
            inserting ``not less than 15 percent'';
                (B) in paragraph (3)--
                    (i) in subparagraph (A), by striking ``and'' at the
                end;
                    (ii) in subparagraph (B), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by adding at the end the following:
                ``(C) the effect of the proposed project on safety on
            freight corridors with significant hazards, such as high winds,
            heavy snowfall, flooding, rockslides, mudslides, wildfire,
            wildlife crossing onto the roadway, or steep grades.''; and
                (C) by adding at the end the following:
            ``(4) Requirement.--Of the amounts reserved under paragraph
        (1), not less than 30 percent shall be used for projects in rural
        areas (as defined in subsection (i)(3)).'';
            (7) in subsection (f)(2), by inserting ``(including a project
        to replace or rehabilitate a culvert, or to reduce stormwater
        runoff for the purpose of improving habitat for aquatic species)''
        after ``environmental mitigation'';
            (8) in subsection (h)--
                (A) in paragraph (2), by striking ``and'' at the end;
                (B) in paragraph (3), by striking the period at the end and
            inserting a semicolon; and
                (C) by adding at the end the following:
            ``(4) enhancement of freight resilience to natural hazards or
        disasters, including high winds, heavy snowfall, flooding,
        rockslides, mudslides, wildfire, wildlife crossing onto the
        roadway, or steep grades;
            ``(5) whether the project will improve the shared
        transportation corridor of a multistate corridor organization, if
        applicable; and
            ``(6) prioritizing projects located in States in which neither
        the State nor an eligible entity in that State has been awarded a
        grant under this section.'';
            (9) in subsection (i)(2), by striking ``other grants under this
        section'' and inserting ``grants under subsection (e)'';
            (10) in subsection (j)--
                (A) by striking the subsection designation and heading and
            all that follows through ``The Federal share'' in paragraph (1)
            and inserting the following:
        ``(j) Federal Assistance.--
            ``(1) Federal share.--
                ``(A) In general.--Except as provided in subparagraph (B)
            or for a grant under subsection (q), the Federal share'';
                (B) in paragraph (1), by adding at the end the following:
                ``(B) Small projects.--In the case of a project described
            in subsection (e)(1), the Federal share of the cost of the
            project shall be 80 percent.''; and
                (C) in paragraph (2)--
                    (i) by striking ``Federal assistance other'' and
                inserting ``Except for grants under subsection (q), Federal
                assistance other''; and
                    (ii) by striking ``except that the total Federal'' and
                inserting the following: ``except that--
                ``(A) for a State with a population density of not more
            than 80 persons per square mile of land area, based on the 2010
            census, the maximum share of the total Federal assistance
            provided for a project receiving a grant under this section
            shall be the applicable share under section 120(b); and
                ``(B) for a State not described in subparagraph (A), the
            total Federal'';
            (11) by redesignating subsections (k) through (n) as
        subsections (l), (m), (n), and (p), respectively;
            (12) by inserting after subsection (j) the following:
        ``(k) Efficient Use of Non-Federal Funds.--
            ``(1) In general.--Notwithstanding any other provision of law
        and subject to approval by the Secretary under paragraph (2)(B), in
        the case of any grant for a project under this section, during the
        period beginning on the date on which the grant recipient is
        selected and ending on the date on which the grant agreement is
        signed--
                ``(A) the grant recipient may obligate and expend non-
            Federal funds with respect to the project for which the grant
            is provided; and
                ``(B) any non-Federal funds obligated or expended in
            accordance with subparagraph (A) shall be credited toward the
            non-Federal cost share for the project for which the grant is
            provided.
            ``(2) Requirements.--
                ``(A) Application.--In order to obligate and expend non-
            Federal funds under paragraph (1), the grant recipient shall
            submit to the Secretary a request to obligate and expend non-
            Federal funds under that paragraph, including--
                    ``(i) a description of the activities the grant
                recipient intends to fund;
                    ``(ii) a justification for advancing the activities
                described in clause (i), including an assessment of the
                effects to the project scope, schedule, and budget if the
                request is not approved; and
                    ``(iii) the level of risk of the activities described
                in clause (i).
                ``(B) Approval.--The Secretary shall approve or disapprove
            each request submitted under subparagraph (A).
                ``(C) Compliance with applicable requirements.--Any non-
            Federal funds obligated or expended under paragraph (1) shall
            comply with all applicable requirements, including any
            requirements included in the grant agreement.
            ``(3) Effect.--The obligation or expenditure of any non-Federal
        funds in accordance with this subsection shall not--
                ``(A) affect the signing of a grant agreement or other
            applicable grant procedures with respect to the applicable
            grant;
                ``(B) create an obligation on the part of the Federal
            Government to repay any non-Federal funds if the grant
            agreement is not signed; or
                ``(C) affect the ability of the recipient of the grant to
            obligate or expend non-Federal funds to meet the non-Federal
            cost share for the project for which the grant is provided
            after the period described in paragraph (1).'';
            (13) in subsection (n) (as so redesignated), by striking
        paragraph (1) and inserting the following:
            ``(1) In general.--Not later than 60 days before the date on
        which a grant is provided for a project under this section, the
        Secretary shall submit to the Committees on Commerce, Science, and
        Transportation and Environment and Public Works of the Senate and
        the Committee on Transportation and Infrastructure of the House of
        Representatives a report describing the proposed grant, including--
                ``(A) an evaluation and justification for the applicable
            project; and
                ``(B) a description of the amount of the proposed grant
            award.'';
            (14) by inserting after subsection (n) (as so redesignated) the
        following:
        ``(o) Applicant Notification.--
            ``(1) In general.--Not later than 60 days after the date on
        which a grant recipient for a project under this section is
        selected, the Secretary shall provide to each eligible applicant
        not selected for that grant a written notification that the
        eligible applicant was not selected.
            ``(2) Inclusion.--A written notification under paragraph (1)
        shall include an offer for a written or telephonic debrief by the
        Secretary that will provide--
                ``(A) detail on the evaluation of the application of the
            eligible applicant; and
                ``(B) an explanation of and guidance on the reasons the
            application was not selected for a grant under this section.
            ``(3) Response.--
                ``(A) In general.--Not later than 30 days after the
            eligible applicant receives a written notification under
            paragraph (1), if the eligible applicant opts to receive a
            debrief described in paragraph (2), the eligible applicant
            shall notify the Secretary that the eligible applicant is
            requesting a debrief.
                ``(B) Debrief.--If the eligible applicant submits a request
            for a debrief under subparagraph (A), the Secretary shall
            provide the debrief by not later than 60 days after the date on
            which the Secretary receives the request for a debrief.''; and
            (15) by striking subsection (p) (as so redesignated) and
        inserting the following:
        ``(p) Reports.--
            ``(1) Annual report.--
                ``(A) In general.--Notwithstanding any other provision of
            law, not later than 30 days after the date on which the
            Secretary selects a project for funding under this section, the
            Secretary shall submit to the Committee on Environment and
            Public Works of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives a report
            that describes the reasons for selecting the project, based on
            any criteria established by the Secretary in accordance with
            this section.
                ``(B) Inclusions.--The report submitted under subparagraph
            (A) shall specify each criterion established by the Secretary
            that the project meets.
                ``(C) Availability.--The Secretary shall make available on
            the website of the Department of Transportation the report
            submitted under subparagraph (A).
                ``(D) Applicability.--This paragraph applies to all
            projects described in subparagraph (A) that the Secretary
            selects on or after October 1, 2021.
            ``(2) Comptroller general.--
                ``(A) Assessment.--The Comptroller General of the United
            States shall conduct an assessment of the establishment,
            solicitation, selection, and justification process with respect
            to the funding of projects under this section.
                ``(B) Report.--Not later than 1 year after the date of
            enactment of the Surface Transportation Reauthorization Act of
            2021 and annually thereafter, the Comptroller General of the
            United States shall submit to the Committee on Environment and
            Public Works of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives a report
            that describes, for each project selected to receive funding
            under this section--
                    ``(i) the process by which each project was selected;
                    ``(ii) the factors that went into the selection of each
                project; and
                    ``(iii) the justification for the selection of each
                project based on any criteria established by the Secretary
                in accordance with this section.
            ``(3) Inspector general.--Not later than 1 year after the date
        of enactment of the Surface Transportation Reauthorization Act of
        2021 and annually thereafter, the Inspector General of the
        Department of Transportation shall--
                ``(A) conduct an assessment of the establishment,
            solicitation, selection, and justification process with respect
            to the funding of projects under this section; and
                ``(B) submit to the Committee on Environment and Public
            Works of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives a final report
            that describes the findings of the Inspector General of the
            Department of Transportation with respect to the assessment
            conducted under subparagraph (A).
        ``(q) State Incentives Pilot Program.--
            ``(1) Establishment.--There is established a pilot program to
        award grants to eligible applicants for projects eligible for
        grants under this section (referred to in this subsection as the
        `pilot program').
            ``(2) Priority.--In awarding grants under the pilot program,
        the Secretary shall give priority to an application that offers a
        greater non-Federal share of the cost of a project relative to
        other applications under the pilot program.
            ``(3) Federal share.--
                ``(A) In general.--Notwithstanding any other provision of
            law, the Federal share of the cost of a project assisted with a
            grant under the pilot program may not exceed 50 percent.
                ``(B) No federal involvement.--
                    ``(i) In general.--For grants awarded under the pilot
                program, except as provided in clause (ii), an eligible
                applicant may not use Federal assistance to satisfy the
                non-Federal share of the cost under subparagraph (A).
                    ``(ii) Exception.--An eligible applicant may use funds
                from a secured loan (as defined in section 601(a)) to
                satisfy the non-Federal share of the cost under
                subparagraph (A) if the loan is repayable from non-Federal
                funds.
            ``(4) Reservation.--
                ``(A) In general.--Of the amounts made available to provide
            grants under this section, the Secretary shall reserve for each
            fiscal year $150,000,000 to provide grants under the pilot
            program.
                ``(B) Unutilized amounts.--In any fiscal year during which
            applications under this subsection are insufficient to effect
            an award or allocation of the entire amount reserved under
            subparagraph (A), the Secretary shall use the unutilized
            amounts to provide other grants under this section.
            ``(5) Set-asides.--
                ``(A) Small projects.--
                    ``(i) In general.--Of the amounts reserved under
                paragraph (4)(A), the Secretary shall reserve for each
                fiscal year not less than 10 percent for projects eligible
                for a grant under subsection (e).
                    ``(ii) Requirement.--For a grant awarded from the
                amount reserved under clause (i)--

                        ``(I) the requirements of subsection (e) shall
                    apply; and
                        ``(II) the requirements of subsection (g) shall not
                    apply.

                ``(B) Rural projects.--
                    ``(i) In general.--Of the amounts reserved under
                paragraph (4)(A), the Secretary shall reserve for each
                fiscal year not less than 25 percent for projects eligible
                for a grant under subsection (i).
                    ``(ii) Requirement.--For a grant awarded from the
                amount reserved under clause (i), the requirements of
                subsection (i) shall apply.
            ``(6) Report to congress.--Not later than 2 years after the
        date of enactment of this subsection, the Secretary shall submit to
        the Committee on Environment and Public Works and the Committee on
        Commerce, Science, and Transportation of the Senate and the
        Committee on Transportation and Infrastructure of the House of
        Representatives a report that describes the administration of the
        pilot program, including--
                ``(A) the number, types, and locations of eligible
            applicants that have applied for grants under the pilot
            program;
                ``(B) the number, types, and locations of grant recipients
            under the pilot program;
                ``(C) an assessment of whether implementation of the pilot
            program has incentivized eligible applicants to offer a greater
            non-Federal share for grants under the pilot program; and
                ``(D) any recommendations for modifications to the pilot
            program.
        ``(r) Multistate Corridor Organization Defined.--For purposes of
    this section, the term `multistate corridor organization' means an
    organization of a group of States developed through cooperative
    agreements, coalitions, or other arrangements to promote regional
    cooperation, planning, and shared project implementation for programs
    and projects to improve transportation system management and operations
    for a shared transportation corridor.
        ``(s) Additional Authorization of Appropriations.--In addition to
    amounts made available from the Highway Trust Fund, there are
    authorized to be appropriated to carry out this section, to remain
    available for a period of 3 fiscal years following the fiscal year for
    which the amounts are appropriated--
            ``(1) $1,000,000,000 for fiscal year 2022;
            ``(2) $1,100,000,000 for fiscal year 2023;
            ``(3) $1,200,000,000 for fiscal year 2024;
            ``(4) $1,300,000,000 for fiscal year 2025; and
            ``(5) $1,400,000,000 for fiscal year 2026.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by striking the item relating to section
    117 and inserting the following:
    ``117. Nationally significant multimodal freight and highway
              projects.''.

        (c) Efficient Use of Non-Federal Funds.--
            (1) In general.--Notwithstanding any other provision of law, in
        the case of a grant described in paragraph (2), section 117(k) of
        title 23, United States Code, shall apply to the grant as if the
        grant was a grant provided under that section.
            (2) Grant described.--A grant referred to in paragraph (1) is a
        grant that is--
                (A) provided under a competitive discretionary grant
            program administered by the Federal Highway Administration;
                (B) for a project eligible under title 23, United States
            Code; and
                (C) in an amount greater than $5,000,000.
    SEC. 11111. HIGHWAY SAFETY IMPROVEMENT PROGRAM.
        (a) In General.--Section 148 of title 23, United States Code, is
    amended--
            (1) in subsection (a)--
                (A) in paragraph (4)(B)--
                    (i) in clause (i), by inserting ``that provides for the
                safety of all road users, as appropriate, including a
                multimodal roundabout'' after ``improvement'';
                    (ii) in clause (vi), by inserting ``or a grade
                separation project'' after ``devices'';
                    (iii) by striking clause (viii) and inserting the
                following:
                    ``(viii) Construction or installation of features,
                measures, and road designs to calm traffic and reduce
                vehicle speeds.'';
                    (iv) by striking clause (xxvi) and inserting the
                following:
                    ``(xxvi) Installation or upgrades of traffic control
                devices for pedestrians and bicyclists, including
                pedestrian hybrid beacons and the addition of bicycle
                movement phases to traffic signals.''; and
                    (v) by striking clauses (xxvii) and (xxviii) and
                inserting the following:
                    ``(xxvii) Roadway improvements that provide separation
                between pedestrians and motor vehicles or between
                bicyclists and motor vehicles, including medians,
                pedestrian crossing islands, protected bike lanes, and
                protected intersection features.
                    ``(xxviii) A pedestrian security feature designed to
                slow or stop a motor vehicle.
                    ``(xxix) A physical infrastructure safety project not
                described in clauses (i) through (xxviii).'';
                (B) by redesignating paragraphs (9) through (12) as
            paragraphs (10), (12), (13), and (14), respectively;
                (C) by inserting after paragraph (8) the following:
            ``(9) Safe system approach.--The term `safe system approach'
        means a roadway design--
                ``(A) that emphasizes minimizing the risk of injury or
            fatality to road users; and
                ``(B) that--
                    ``(i) takes into consideration the possibility and
                likelihood of human error;
                    ``(ii) accommodates human injury tolerance by taking
                into consideration likely accident types, resulting impact
                forces, and the ability of the human body to withstand
                impact forces; and
                    ``(iii) takes into consideration vulnerable road
                users.'';
                (D) by inserting after paragraph (10) (as so redesignated)
            the following:
            ``(11) Specified safety project.--
                ``(A) In general.--The term `specified safety project'
            means a project carried out for the purpose of safety under any
            other section of this title that is consistent with the State
            strategic highway safety plan.
                ``(B) Inclusion.--The term `specified safety project'
            includes a project that--
                    ``(i) promotes public awareness and informs the public
                regarding highway safety matters (including safety for
                motorcyclists, bicyclists, pedestrians, individuals with
                disabilities, and other road users);
                    ``(ii) facilitates enforcement of traffic safety laws;
                    ``(iii) provides infrastructure and infrastructure-
                related equipment to support emergency services;
                    ``(iv) conducts safety-related research to evaluate
                experimental safety countermeasures or equipment; or
                    ``(v) supports safe routes to school noninfrastructure-
                related activities described in section 208(g)(2).'';
                (E) in paragraph (13) (as so redesignated)--
                    (i) by redesignating subparagraphs (G), (H), and (I) as
                subparagraphs (H), (I), and (J), respectively; and
                    (ii) by inserting after subparagraph (F) the following;
                ``(G) includes a vulnerable road user safety assessment;'';
            and
                (F) by adding at the end the following:
            ``(15) Vulnerable road user.--The term `vulnerable road user'
        means a nonmotorist--
                ``(A) with a fatality analysis reporting system person
            attribute code that is included in the definition of the term
            `number of non-motorized fatalities' in section 490.205 of
            title 23, Code of Federal Regulations (or successor
            regulations); or
                ``(B) described in the term `number of non-motorized
            serious injuries' in that section.
            ``(16) Vulnerable road user safety assessment.--The term
        `vulnerable road user safety assessment' means an assessment of the
        safety performance of the State with respect to vulnerable road
        users and the plan of the State to improve the safety of vulnerable
        road users as described in subsection (l).'';
            (2) in subsection (c)--
                (A) in paragraph (1)(A), by striking ``subsections
            (a)(11)'' and inserting ``subsections (a)(13)''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (A)(vi), by inserting ``and to
                differentiate the safety data for vulnerable road users,
                including bicyclists, motorcyclists, and pedestrians, from
                other road users'' after ``crashes'';
                    (ii) in subparagraph (B)(i), by striking ``(including
                motorcyclists), bicyclists, pedestrians,'' and inserting
                ``, vulnerable road users (including motorcyclists,
                bicyclists, pedestrians),''; and
                    (iii) in subparagraph (D)--

                        (I) in clause (iv), by striking ``and'' at the end;
                        (II) in clause (v), by striking the semicolon at
                    the end and inserting ``; and''; and
                        (III) by adding at the end the following:

                    ``(vi) improves the ability of the State to
                differentiate the fatalities and serious injuries of
                vulnerable road users, including bicyclists, motorcyclists,
                and pedestrians, from other road users;'';
            (3) in subsection (d)(2)(B)(i), by striking ``subsection
        (a)(11)'' and inserting ``subsection (a)(13)'';
            (4) in subsection (e), by adding at the end the following:
            ``(3) Flexible funding for specified safety projects.--
                ``(A) In general.--To advance the implementation of a State
            strategic highway safety plan, a State may use not more than 10
            percent of the amounts apportioned to the State under section
            104(b)(3) for a fiscal year to carry out specified safety
            projects.
                ``(B) Rule of construction.--Nothing in this paragraph
            requires a State to revise any State process, plan, or program
            in effect on the date of enactment of this paragraph.
                ``(C) Effect of paragraph.--
                    ``(i) Requirements.--A project carried out under this
                paragraph shall be subject to all requirements under this
                section that apply to a highway safety improvement project.
                    ``(ii) Other apportioned programs.--Nothing in this
                paragraph prohibits the use of funds made available under
                other provisions of this title for a specified safety
                project that is a noninfrastructure project.'';
            (5) in subsection (g), by adding at the end the following:
            ``(3) Vulnerable road user safety.--If the total annual
        fatalities of vulnerable road users in a State represents not less
        than 15 percent of the total annual crash fatalities in the State,
        that State shall be required to obligate not less than 15 percent
        of the amounts apportioned to the State under section 104(b)(3) for
        the following fiscal year for highway safety improvement projects
        to address the safety of vulnerable road users.''; and
            (6) by adding at the end the following:
        ``(l) Vulnerable Road User Safety Assessment.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of this subsection, each State shall complete a
        vulnerable road user safety assessment.
            ``(2) Contents.--A vulnerable road user safety assessment under
        paragraph (1) shall include--
                ``(A) a quantitative analysis of vulnerable road user
            fatalities and serious injuries that--
                    ``(i) includes data such as location, roadway
                functional classification, design speed, speed limit, and
                time of day;
                    ``(ii) considers the demographics of the locations of
                fatalities and serious injuries, including race, ethnicity,
                income, and age; and
                    ``(iii) based on the data, identifies areas as `high-
                risk' to vulnerable road users; and
                ``(B) a program of projects or strategies to reduce safety
            risks to vulnerable road users in areas identified as high-risk
            under subparagraph (A)(iii).
            ``(3) Use of data.--In carrying out a vulnerable road user
        safety assessment under paragraph (1), a State shall use data from
        the most recent 5-year period for which data is available.
            ``(4) Requirements.--In carrying out a vulnerable road user
        safety assessment under paragraph (1), a State shall--
                ``(A) take into consideration a safe system approach; and
                ``(B) consult with local governments, metropolitan planning
            organizations, and regional transportation planning
            organizations that represent a high-risk area identified under
            paragraph (2)(A)(iii).
            ``(5) Update.--A State shall update the vulnerable road user
        safety assessment of the State in accordance with the updates
        required to the State strategic highway safety plan under
        subsection (d).
            ``(6) Requirement for transportation system access.--The
        program of projects developed under paragraph (2)(B) may not
        degrade transportation system access for vulnerable road users.
            ``(7) Guidance.--
                ``(A) In general.--Not later than 1 year after the date of
            enactment of this subsection, the Secretary shall develop
            guidance for States to carry out this subsection.
                ``(B) Consultation.--In developing the guidance under this
            paragraph, the Secretary shall consult with the States and
            relevant safety stakeholders.''.
        (b) High-risk Rural Roads.--
            (1) Study.--Not later than 2 years after the date of enactment
        of this Act, the Secretary shall update the study under section
        1112(b)(1) of MAP-21 (23 U.S.C. 148 note; Public Law 112-141).
            (2) Publication of report.--Not later than 2 years after the
        date of enactment of this Act, the Secretary shall publish on the
        website of the Department of Transportation an update to the report
        described in section 1112(b)(2) of MAP-21 (23 U.S.C. 148 note;
        Public Law 112-141).
            (3) Best practices manual.--Not later than 180 days after the
        date on which the report is published under paragraph (2), the
        Secretary shall update the best practices manual described in
        section 1112(b)(3) of MAP-21 (23 U.S.C. 148 note; Public Law 112-
        141).
    SEC. 11112. FEDERAL LANDS TRANSPORTATION PROGRAM.
        Section 203(a) of title 23, United States Code, is amended--
            (1) in paragraph (1)(D), by striking ``$10,000,000'' and
        inserting ``$20,000,000''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity
        described in paragraph (1), the entity carrying out the activity
        shall consider, to the maximum extent practicable--
                ``(A) the use of locally adapted native plant materials;
            and
                ``(B) designs that minimize runoff and heat generation.''.
    SEC. 11113. FEDERAL LANDS ACCESS PROGRAM.
        (a) Federal Share.--Section 201 of title 23, United States Code, is
    amended--
            (1) in subsection (b)(7)(B), by striking ``determined in
        accordance with section 120'', and inserting ``be up to 100
        percent''; and
            (2) in subsection (c)(8)(A), by striking ``5 percent'' and
        inserting ``20 percent''.
        (b) Federal Lands Access Program.--Section 204(a) of title 23,
    United States Code, is amended--
            (1) in paragraph (1)(A)--
                (A) in the matter preceding clause (i), by inserting
            ``context-sensitive solutions,'' after ``restoration,'';
                (B) in clause (i), by inserting ``, including interpretive
            panels in or adjacent to those areas'' after ``areas'';
                (C) in clause (v), by striking ``and'' at the end;
                (D) by redesignating clause (vi) as clause (ix); and
                (E) by inserting after clause (v) the following:
                    ``(vi) contextual wayfinding markers;
                    ``(vii) landscaping;
                    ``(viii) cooperative mitigation of visual blight,
                including screening or removal; and''; and
            (2) by adding at the end the following:
            ``(6) Native plant materials.--In carrying out an activity
        described in paragraph (1), the Secretary shall ensure that the
        entity carrying out the activity considers, to the maximum extent
        practicable--
                ``(A) the use of locally adapted native plant materials;
            and
                ``(B) designs that minimize runoff and heat generation.''.
    SEC. 11114. NATIONAL HIGHWAY FREIGHT PROGRAM.
        Section 167 of title 23, United States Code, is amended--
            (1) in subsection (e)--
                (A) in paragraph (2), by striking ``150 miles'' and
            inserting ``300 miles''; and
                (B) by adding at the end the following:
            ``(3) Rural states.--Notwithstanding paragraph (2), a State
        with a population per square mile of area that is less than the
        national average, based on the 2010 census, may designate as
        critical rural freight corridors a maximum of 600 miles of highway
        or 25 percent of the primary highway freight system mileage in the
        State, whichever is greater.'';
            (2) in subsection (f)(4), by striking ``75 miles'' and
        inserting ``150 miles''; and
            (3) in subsection (i)(5)(B)--
                (A) in the matter preceding clause (i), by striking ``10
            percent'' and inserting ``30 percent'';
                (B) in clause (i), by striking ``and'' at the end;
                (C) in clause (ii), by striking the period at the end and
            inserting a semicolon; and
                (D) by adding at the end the following:
                    ``(iii) for the modernization or rehabilitation of a
                lock and dam, if the Secretary determines that the
                project--

                        ``(I) is functionally connected to the National
                    Highway Freight Network; and
                        ``(II) is likely to reduce on-road mobile source
                    emissions; and

                    ``(iv) on a marine highway corridor, connector, or
                crossing designated by the Secretary under section 55601(c)
                of title 46 (including an inland waterway corridor,
                connector, or crossing), if the Secretary determines that
                the project--

                        ``(I) is functionally connected to the National
                    Highway Freight Network; and
                        ``(II) is likely to reduce on-road mobile source
                    emissions.''.

    SEC. 11115. CONGESTION MITIGATION AND AIR QUALITY IMPROVEMENT PROGRAM.
        Section 149 of title 23, United States Code, is amended--
            (1) in subsection (b)--
                (A) in the matter preceding paragraph (1), by striking
            ``subsection (d)'' and inserting ``subsections (d) and
            (m)(1)(B)(ii)''
                (B) in paragraph (7), by inserting ``shared micromobility
            (including bikesharing and shared scooter systems),'' after
            ``carsharing,'';
                (C) in paragraph (8)--
                    (i) in subparagraph (A)--

                        (I) in the matter preceding clause (i), by
                    inserting ``replacements or'' before ``retrofits'';
                        (II) by striking clause (i) and inserting the
                    following:

                    ``(i) verified technologies (as defined in section 791
                of the Energy Policy Act of 2005 (42 U.S.C. 16131)) for
                motor vehicles (as defined in section 216 of the Clean Air
                Act (42 U.S.C. 7550)); or''; and

                        (III) in clause (ii)(II), by striking ``or'' at the
                    end; and

                    (ii) in subparagraph (B), by inserting ``replacements
                or'' before ``retrofits''; and
                    (iii) by adding at the end the following:
                ``(C) the purchase of medium- or heavy-duty zero emission
            vehicles and related charging equipment;'';
                (D) in paragraph (9), by striking the period at the end and
            inserting a semicolon; and
                (E) by adding at the end the following:
            ``(10) if the project is for the modernization or
        rehabilitation of a lock and dam that--
                ``(A) is functionally connected to the Federal-aid highway
            system; and
                ``(B) the Secretary determines is likely to contribute to
            the attainment or maintenance of a national ambient air quality
            standard; or
            ``(11) if the project is on a marine highway corridor,
        connector, or crossing designated by the Secretary under section
        55601(c) of title 46 (including an inland waterway corridor,
        connector, or crossing) that--
                ``(A) is functionally connected to the Federal-aid highway
            system; and
                ``(B) the Secretary determines is likely to contribute to
            the attainment or maintenance of a national ambient air quality
            standard.'';
            (2) in subsection (c), by adding at the end the following:
            ``(4) Locks and dams; marine highways.--For each fiscal year, a
        State may not obligate more than 10 percent of the funds
        apportioned to the State under section 104(b)(4) for projects
        described in paragraphs (10) and (11) of subsection (b).'';
            (3) in subsection (f)(4)(A), by inserting ``and nonroad
        vehicles and nonroad engines used in construction projects or port-
        related freight operations'' after ``motor vehicles'';
            (4) in subsection (g)--
                (A) in paragraph (1)(B)--
                    (i) in the subparagraph heading, by inserting
                ``replacement or'' before ``retrofit'';
                    (ii) by striking ``The term `diesel retrofit''' and
                inserting ``The term `diesel replacement or retrofit''';
                and
                    (iii) by inserting ``or retrofit'' after
                ``replacement'';
                (B) in paragraph (2), in the matter preceding subparagraph
            (A), by inserting ``replacement or'' before ``retrofit''; and
                (C) in paragraph (3), by inserting ``replacements or''
            before ``retrofits'';
            (5) in subsection (k)(1), by striking ``that reduce such fine
        particulate matter emissions in such area, including diesel
        retrofits.'' and inserting ``that--
                ``(A) reduce such fine particulate matter emissions in such
            area, including diesel replacements or retrofits; and
                ``(B) to the extent practicable, prioritize benefits to
            disadvantaged communities or low-income populations living in,
            or immediately adjacent to, such area.'';
            (6) in subsection (l), by adding at the following:
            ``(3) Assistance to metropolitan planning organizations.--
                ``(A) In general.--On the request of a metropolitan
            planning organization, the Secretary may assist the
            metropolitan planning organization tracking progress made in
            minority or low-income populations as part of a performance
            plan under this subsection.
                ``(B) Savings provision.--Nothing in this paragraph
            provides the Secretary the authority--
                    ``(i) to change the performance measures under section
                150(c)(5) or the performance targets established under
                section 134(h)(2) or 150(d); or
                    ``(ii) to establish any other Federal requirement.'';
                and
            (7) by striking subsection (m) and inserting the following:
        ``(m) Operating Assistance.--
            ``(1) In general.--A State may obligate funds apportioned under
        section 104(b)(4) in an area of the State that is otherwise
        eligible for obligations of such funds for operating costs--
                ``(A) under chapter 53 of title 49; or
                ``(B) on--
                    ``(i) a system for which CMAQ funding was eligible,
                made available, obligated, or expended in fiscal year 2012;
                or
                    ``(ii) a State-supported Amtrak route with a valid
                cost-sharing agreement under section 209 of the Passenger
                Rail Investment and Improvement Act of 2008 (49 U.S.C.
                24101 note; Public Law 110-432) and no current
                nonattainment areas under subsection (d).
            ``(2) No time limitation.--Operating assistance provided under
        paragraph (1) shall have no imposed time limitation if the
        operating assistance is for--
                ``(A) a route described in subparagraph (B) of that
            paragraph; or
                ``(B) a transit system that is located in--
                    ``(i) a non-urbanized area; or
                    ``(ii) an urbanized area with a population of 200,000
                or fewer.''.
    SEC. 11116. ALASKA HIGHWAY.
        Section 218 of title 23, United States Code, is amended to read as
    follows:
    ``Sec. 218. Alaska Highway
        ``(a) Recognizing the benefits that will accrue to the State of
    Alaska and to the United States from the reconstruction of the Alaska
    Highway from the Alaskan border at Beaver Creek, Yukon Territory, to
    Haines Junction in Canada and the Haines Cutoff Highway from Haines
    Junction in Canada to Haines, Alaska, the Secretary may provide for the
    necessary reconstruction of the highway using funds awarded through an
    applicable competitive grant program, if the highway meets all
    applicable eligibility requirements for the program, except for the
    specific requirements established by the agreement for the Alaska
    Highway Project between the Government of the United States and the
    Government of Canada. In addition to the funds described in the
    previous sentence, notwithstanding any other provision of law and on
    agreement with the State of Alaska, the Secretary is authorized to
    expend on such highway or the Alaska Marine Highway System any Federal-
    aid highway funds apportioned to the State of Alaska under this title
    at a Federal share of 100 per centum. No expenditures shall be made for
    the construction of the portion of such highways that are in Canada
    unless an agreement is in place between the Government of Canada and
    the Government of the United States (including an agreement in
    existence on the date of enactment of the Surface Transportation
    Reauthorization Act of 2021) that provides, in part, that the Canadian
    Government--
            ``(1) will provide, without participation of funds authorized
        under this title, all necessary right-of-way for the reconstruction
        of such highways;
            ``(2) will not impose any highway toll, or permit any such toll
        to be charged for the use of such highways by vehicles or persons;
            ``(3) will not levy or assess, directly or indirectly, any fee,
        tax, or other charge for the use of such highways by vehicles or
        persons from the United States that does not apply equally to
        vehicles or persons of Canada;
            ``(4) will continue to grant reciprocal recognition of vehicle
        registration and driver's licenses in accordance with agreements
        between the United States and Canada; and
            ``(5) will maintain such highways after their completion in
        proper condition adequately to serve the needs of present and
        future traffic.
        ``(b) The survey and construction work undertaken in Canada
    pursuant to this section shall be under the general supervision of the
    Secretary.
        ``(c) For purposes of this section, the term `Alaska Marine Highway
    System' includes all existing or planned transportation facilities and
    equipment in Alaska, including the lease, purchase, or construction of
    vessels, terminals, docks, floats, ramps, staging areas, parking lots,
    bridges and approaches thereto, and necessary roads.
        ``(d) Notwithstanding any other provision of law, a project
    assisted under this section in the State of Alaska shall be treated as
    a project on a Federal-aid highway under chapter 1.''.
    SEC. 11117. TOLL ROADS, BRIDGES, TUNNELS, AND FERRIES.
        (a) In General.--Section 129(c) of title 23, United States Code, is
    amended in the matter preceding paragraph (1) by striking ``the
    construction of ferry boats and ferry terminal facilities, whether toll
    or free,'' and inserting ``the construction of ferry boats and ferry
    terminal facilities (including ferry maintenance facilities), whether
    toll or free, and the procurement of transit vehicles used exclusively
    as an integral part of an intermodal ferry trip,''.
        (b) Diesel Fuel Ferry Vessels.--
            (1) In general.--Notwithstanding section 147(b), in the case of
        a project to replace or retrofit a diesel fuel ferry vessel that
        provides substantial emissions reductions, the Federal share of the
        cost of the project may be up to 85 percent, as determined by the
        State.
            (2) Sunset.--The authority provided by paragraph (1) shall
        terminate on September 30, 2025.
    SEC. 11118. BRIDGE INVESTMENT PROGRAM.
        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by inserting after section 123 the following:
    ``Sec. 124. Bridge investment program
        ``(a) Definitions.--In this section:
            ``(1) Eligible project.--
                ``(A) In general.--The term `eligible project' means a
            project to replace, rehabilitate, preserve, or protect 1 or
            more bridges on the National Bridge Inventory under section
            144(b).
                ``(B) Inclusions.--The term `eligible project' includes--
                    ``(i) a bundle of projects described in subparagraph
                (A), regardless of whether the bundle of projects meets the
                requirements of section 144(j)(5); and
                    ``(ii) a project to replace or rehabilitate culverts
                for the purpose of improving flood control and improved
                habitat connectivity for aquatic species.
            ``(2) Large project.--The term `large project' means an
        eligible project with total eligible project costs of greater than
        $100,000,000.
            ``(3) Program.--The term `program' means the bridge investment
        program established by subsection (b)(1).
        ``(b) Establishment of Bridge Investment Program.--
            ``(1) In general.--There is established a bridge investment
        program to provide financial assistance for eligible projects under
        this section.
            ``(2) Goals.--The goals of the program shall be--
                ``(A) to improve the safety, efficiency, and reliability of
            the movement of people and freight over bridges;
                ``(B) to improve the condition of bridges in the United
            States by reducing--
                    ``(i) the number of bridges--

                        ``(I) in poor condition; or
                        ``(II) in fair condition and at risk of falling
                    into poor condition within the next 3 years;

                    ``(ii) the total person miles traveled over bridges--

                        ``(I) in poor condition; or
                        ``(II) in fair condition and at risk of falling
                    into poor condition within the next 3 years;

                    ``(iii) the number of bridges that--

                        ``(I) do not meet current geometric design
                    standards; or
                        ``(II) cannot meet the load and traffic
                    requirements typical of the regional transportation
                    network; and

                    ``(iv) the total person miles traveled over bridges
                that--

                        ``(I) do not meet current geometric design
                    standards; or
                        ``(II) cannot meet the load and traffic
                    requirements typical of the regional transportation
                    network; and

                ``(C) to provide financial assistance that leverages and
            encourages non-Federal contributions from sponsors and
            stakeholders involved in the planning, design, and construction
            of eligible projects.
        ``(c) Grant Authority.--
            ``(1) In general.--In carrying out the program, the Secretary
        may award grants, on a competitive basis, in accordance with this
        section.
            ``(2) Grant amounts.--Except as otherwise provided, a grant
        under the program shall be--
                ``(A) in the case of a large project, in an amount that
            is--
                    ``(i) adequate to fully fund the project (in
                combination with other financial resources identified in
                the application); and
                    ``(ii) not less than $50,000,000; and
                ``(B) in the case of any other eligible project, in an
            amount that is--
                    ``(i) adequate to fully fund the project (in
                combination with other financial resources identified in
                the application); and
                    ``(ii) not less than $2,500,000.
            ``(3) Maximum amount.--Except as otherwise provided, for an
        eligible project receiving assistance under the program, the amount
        of assistance provided by the Secretary under this section, as a
        share of eligible project costs, shall be--
                ``(A) in the case of a large project, not more than 50
            percent; and
                ``(B) in the case of any other eligible project, not more
            than 80 percent.
            ``(4) Federal share.--
                ``(A) Maximum federal involvement.--Federal assistance
            other than a grant under the program may be used to satisfy the
            non-Federal share of the cost of a project for which a grant is
            made, except that the total Federal assistance provided for a
            project receiving a grant under the program may not exceed the
            Federal share for the project under section 120.
                ``(B) Off-system bridges.--In the case of an eligible
            project for an off-system bridge (as defined in section
            133(f)(1))--
                    ``(i) Federal assistance other than a grant under the
                program may be used to satisfy the non-Federal share of the
                cost of a project; and
                    ``(ii) notwithstanding subparagraph (A), the total
                Federal assistance provided for the project shall not
                exceed 90 percent of the total eligible project costs.
                ``(C) Federal land management agencies and tribal
            governments.--Notwithstanding any other provision of law,
            Federal funds other than Federal funds made available under
            this section may be used to pay the remaining share of the cost
            of a project under the program by a Federal land management
            agency or a Tribal government or consortium of Tribal
            governments.
            ``(5) Considerations.--
                ``(A) In general.--In awarding grants under the program,
            the Secretary shall consider--
                    ``(i) in the case of a large project, the ratings
                assigned under subsection (g)(5)(A);
                    ``(ii) in the case of an eligible project other than a
                large project, the quality rating assigned under subsection
                (f)(3)(A)(ii);
                    ``(iii) the average daily person and freight throughput
                supported by the eligible project;
                    ``(iv) the number and percentage of bridges within the
                same State as the eligible project that are in poor
                condition;
                    ``(v) the extent to which the eligible project
                demonstrates cost savings by bundling multiple bridge
                projects;
                    ``(vi) in the case of an eligible project of a Federal
                land management agency, the extent to which the grant would
                reduce a Federal liability or Federal infrastructure
                maintenance backlog;
                    ``(vii) geographic diversity among grant recipients,
                including the need for a balance between the needs of rural
                and urban communities; and
                    ``(viii) the extent to which a bridge that would be
                assisted with a grant--

                        ``(I) is, without that assistance--

                            ``(aa) at risk of falling into or remaining in
                        poor condition; or
                            ``(bb) in fair condition and at risk of falling
                        into poor condition within the next 3 years;

                        ``(II) does not meet current geometric design
                    standards based on--

                            ``(aa) the current use of the bridge; or
                            ``(bb) load and traffic requirements typical of
                        the regional corridor or local network in which the
                        bridge is located; or

                        ``(III) does not meet current seismic design
                    standards.

                ``(B) Requirement.--The Secretary shall--
                    ``(i) give priority to an application for an eligible
                project that is located within a State for which--

                        ``(I) 2 or more applications for eligible projects
                    within the State were submitted for the current fiscal
                    year and an average of 2 or more applications for
                    eligible projects within the State were submitted in
                    prior fiscal years of the program; and
                        ``(II) fewer than 2 grants have been awarded for
                    eligible projects within the State under the program;

                    ``(ii) during the period of fiscal years 2022 through
                2026, for each State described in clause (i), select--

                        ``(I) not fewer than 1 large project that the
                    Secretary determines is justified under the evaluation
                    under subsection (g)(4); or
                        ``(II) 2 eligible projects that are not large
                    projects that the Secretary determines are justified
                    under the evaluation under subsection (f)(3); and

                    ``(iii) not be required to award a grant for an
                eligible project that the Secretary does not determine is
                justified under an evaluation under subsection (f)(3) or
                (g)(4).
            ``(6) Culvert limitation.--Not more than 5 percent of the
        amounts made available for each fiscal year for grants under the
        program may be used for eligible projects that consist solely of
        culvert replacement or rehabilitation.
        ``(d) Eligible Entity.--The Secretary may make a grant under the
    program to any of the following:
            ``(1) A State or a group of States.
            ``(2) A metropolitan planning organization that serves an
        urbanized area (as designated by the Bureau of the Census) with a
        population of over 200,000.
            ``(3) A unit of local government or a group of local
        governments.
            ``(4) A political subdivision of a State or local government.
            ``(5) A special purpose district or public authority with a
        transportation function.
            ``(6) A Federal land management agency.
            ``(7) A Tribal government or a consortium of Tribal
        governments.
            ``(8) A multistate or multijurisdictional group of entities
        described in paragraphs (1) through (7).
        ``(e) Eligible Project Requirements.--The Secretary may make a
    grant under the program only to an eligible entity for an eligible
    project that--
            ``(1) in the case of a large project, the Secretary recommends
        for funding in the annual report on funding recommendations under
        subsection (g)(6), except as provided in subsection (g)(1)(B);
            ``(2) is reasonably expected to begin construction not later
        than 18 months after the date on which funds are obligated for the
        project; and
            ``(3) is based on the results of preliminary engineering.
        ``(f) Competitive Process and Evaluation of Eligible Projects Other
    Than Large Projects.--
            ``(1) Competitive process.--
                ``(A) In general.--The Secretary shall--
                    ``(i) for the first fiscal year for which funds are
                made available for obligation under the program, not later
                than 60 days after the date on which the template under
                subparagraph (B)(i) is developed, and in subsequent fiscal
                years, not later than 60 days after the date on which
                amounts are made available for obligation under the
                program, solicit grant applications for eligible projects
                other than large projects; and
                    ``(ii) not later than 120 days after the date on which
                the solicitation under clause (i) expires, conduct
                evaluations under paragraph (3).
                ``(B) Requirements.--In carrying out subparagraph (A), the
            Secretary shall--
                    ``(i) develop a template for applicants to use to
                summarize project needs and benefits, including benefits
                described in paragraph (3)(B)(i); and
                    ``(ii) enable applicants to use data from the National
                Bridge Inventory under section 144(b) to populate templates
                described in clause (i), as applicable.
            ``(2) Applications.--An eligible entity shall submit to the
        Secretary an application at such time, in such manner, and
        containing such information as the Secretary may require.
            ``(3) Evaluation.--
                ``(A) In general.--Prior to providing a grant under this
            subsection, the Secretary shall--
                    ``(i) conduct an evaluation of each eligible project
                for which an application is received under this subsection;
                and
                    ``(ii) assign a quality rating to the eligible project
                on the basis of the evaluation under clause (i).
                ``(B) Requirements.--In carrying out an evaluation under
            subparagraph (A), the Secretary shall--
                    ``(i) consider information on project benefits
                submitted by the applicant using the template developed
                under paragraph (1)(B)(i), including whether the project
                will generate, as determined by the Secretary--

                        ``(I) costs avoided by the prevention of closure or
                    reduced use of the bridge to be improved by the
                    project;
                        ``(II) in the case of a bundle of projects,
                    benefits from executing the projects as a bundle
                    compared to as individual projects;
                        ``(III) safety benefits, including the reduction of
                    accidents and related costs;
                        ``(IV) person and freight mobility benefits,
                    including congestion reduction and reliability
                    improvements;
                        ``(V) national or regional economic benefits;
                        ``(VI) benefits from long-term resiliency to
                    extreme weather events, flooding, or other natural
                    disasters;
                        ``(VII) benefits from protection (as described in
                    section 133(b)(10)), including improving seismic or
                    scour protection;
                        ``(VIII) environmental benefits, including wildlife
                    connectivity;
                        ``(IX) benefits to nonvehicular and public
                    transportation users;
                        ``(X) benefits of using--

                            ``(aa) innovative design and construction
                        techniques; or
                            ``(bb) innovative technologies; or

                        ``(XI) reductions in maintenance costs, including,
                    in the case of a federally-owned bridge, cost savings
                    to the Federal budget; and

                    ``(ii) consider whether and the extent to which the
                benefits, including the benefits described in clause (i),
                are more likely than not to outweigh the total project
                costs.
        ``(g) Competitive Process, Evaluation, and Annual Report for Large
    Projects.--
            ``(1) In general.--
                ``(A) Applications.--The Secretary shall establish an
            annual date by which an eligible entity submitting an
            application for a large project shall submit to the Secretary
            such information as the Secretary may require, including
            information described in paragraph (2), in order for a large
            project to be considered for a recommendation by the Secretary
            for funding in the next annual report under paragraph (6).
                ``(B) First fiscal year.--Notwithstanding subparagraph (A),
            for the first fiscal year for which funds are made available
            for obligation for grants under the program, the Secretary may
            establish a date by which an eligible entity submitting an
            application for a large project shall submit to the Secretary
            such information as the Secretary may require, including
            information described in paragraph (2), in order for a large
            project to be considered for immediate execution of a grant
            agreement.
            ``(2) Information required.--The information referred to in
        paragraph (1) includes--
                ``(A) all necessary information required for the Secretary
            to evaluate the large project; and
                ``(B) information sufficient for the Secretary to determine
            that--
                    ``(i) the large project meets the applicable
                requirements under this section; and
                    ``(ii) there is a reasonable likelihood that the large
                project will continue to meet the requirements under this
                section.
            ``(3) Determination; notice.--On making a determination that
        information submitted to the Secretary under paragraph (1) is
        sufficient, the Secretary shall provide a written notice of that
        determination to--
                ``(A) the eligible entity that submitted the application;
                ``(B) the Committee on Environment and Public Works of the
            Senate; and
                ``(C) the Committee on Transportation and Infrastructure of
            the House of Representatives.
            ``(4) Evaluation.--The Secretary may recommend a large project
        for funding in the annual report under paragraph (6), or, in the
        case of the first fiscal year for which funds are made available
        for obligation for grants under the program, immediately execute a
        grant agreement for a large project, only if the Secretary
        evaluates the proposed project and determines that the project is
        justified because the project--
                ``(A) addresses a need to improve the condition of the
            bridge, as determined by the Secretary, consistent with the
            goals of the program under subsection (b)(2);
                ``(B) will generate, as determined by the Secretary--
                    ``(i) costs avoided by the prevention of closure or
                reduced use of the bridge to be improved by the project;
                    ``(ii) in the case of a bundle of projects, benefits
                from executing the projects as a bundle compared to as
                individual projects;
                    ``(iii) safety benefits, including the reduction of
                accidents and related costs;
                    ``(iv) person and freight mobility benefits, including
                congestion reduction and reliability improvements;
                    ``(v) national or regional economic benefits;
                    ``(vi) benefits from long-term resiliency to extreme
                weather events, flooding, or other natural disasters;
                    ``(vii) benefits from protection (as described in
                section 133(b)(10)), including improving seismic or scour
                protection;
                    ``(viii) environmental benefits, including wildlife
                connectivity;
                    ``(ix) benefits to nonvehicular and public
                transportation users;
                    ``(x) benefits of using--

                        ``(I) innovative design and construction
                    techniques; or
                        ``(II) innovative technologies; or

                    ``(xi) reductions in maintenance costs, including, in
                the case of a federally-owned bridge, cost savings to the
                Federal budget;
                ``(C) is cost effective based on an analysis of whether the
            benefits and avoided costs described in subparagraph (B) are
            expected to outweigh the project costs;
                ``(D) is supported by other Federal or non-Federal
            financial commitments or revenues adequate to fund ongoing
            maintenance and preservation; and
                ``(E) is consistent with the objectives of an applicable
            asset management plan of the project sponsor, including a State
            asset management plan under section 119(e) in the case of a
            project on the National Highway System that is sponsored by a
            State.
            ``(5) Ratings.--
                ``(A) In general.--The Secretary shall develop a
            methodology to evaluate and rate a large project on a 5-point
            scale (the points of which include `high', `medium-high',
            `medium', `medium-low', and `low') for each of--
                    ``(i) paragraph (4)(B);
                    ``(ii) paragraph (4)(C); and
                    ``(iii) paragraph (4)(D).
                ``(B) Requirement.--To be considered justified and receive
            a recommendation for funding in the annual report under
            paragraph (6), a project shall receive a rating of not less
            than `medium' for each rating required under subparagraph (A).
                ``(C) Interim methodology.--In the first fiscal year for
            which funds are made available for obligation for grants under
            the program, the Secretary may establish an interim methodology
            to evaluate and rate a large project for each of--
                    ``(i) paragraph (4)(B);
                    ``(ii) paragraph (4)(C); and
                    ``(iii) paragraph (4)(D).
            ``(6) Annual report on funding recommendations for large
        projects.--
                ``(A) In general.--Not later than the first Monday in
            February of each year, the Secretary shall submit to the
            Committees on Transportation and Infrastructure and
            Appropriations of the House of Representatives and the
            Committees on Environment and Public Works and Appropriations
            of the Senate a report that includes--
                    ``(i) a list of large projects that have requested a
                recommendation for funding under a new grant agreement from
                funds anticipated to be available to carry out this
                subsection in the next fiscal year;
                    ``(ii) the evaluation under paragraph (4) and ratings
                under paragraph (5) for each project referred to in clause
                (i);
                    ``(iii) the grant amounts that the Secretary recommends
                providing to large projects in the next fiscal year,
                including--

                        ``(I) scheduled payments under previously signed
                    multiyear grant agreements under subsection (j);
                        ``(II) payments for new grant agreements, including
                    single-year grant agreements and multiyear grant
                    agreements; and
                        ``(III) a description of how amounts anticipated to
                    be available for the program from the Highway Trust
                    Fund for that fiscal year will be distributed; and

                    ``(iv) for each project for which the Secretary
                recommends a new multiyear grant agreement under subsection
                (j), the proposed payout schedule for the project.
                ``(B) Limitations.--
                    ``(i) In general.--The Secretary shall not recommend in
                an annual report under this paragraph a new multiyear grant
                agreement provided from funds from the Highway Trust Fund
                unless the Secretary determines that the project can be
                completed using funds that are anticipated to be available
                from the Highway Trust Fund in future fiscal years.
                    ``(ii) General fund projects.--The Secretary--

                        ``(I) may recommend for funding in an annual report
                    under this paragraph a large project using funds from
                    the general fund of the Treasury; but
                        ``(II) shall not execute a grant agreement for that
                    project unless--

                            ``(aa) funds other than from the Highway Trust
                        Fund have been made available for the project; and
                            ``(bb) the Secretary determines that the
                        project can be completed using funds other than
                        from the Highway Trust Fund that are anticipated to
                        be available in future fiscal years.
                ``(C) Considerations.--In selecting projects to recommend
            for funding in the annual report under this paragraph, or, in
            the case of the first fiscal year for which funds are made
            available for obligation for grants under the program, projects
            for immediate execution of a grant agreement, the Secretary
            shall--
                    ``(i) consider the amount of funds available in future
                fiscal years for multiyear grant agreements as described in
                subparagraph (B); and
                    ``(ii) assume the availability of funds in future
                fiscal years for multiyear grant agreements that extend
                beyond the period of authorization based on the amount made
                available for large projects under the program in the last
                fiscal year of the period of authorization.
                ``(D) Project diversity.--In selecting projects to
            recommend for funding in the annual report under this
            paragraph, the Secretary shall ensure diversity among projects
            recommended based on--
                    ``(i) the amount of the grant requested; and
                    ``(ii) grants for an eligible project for 1 bridge
                compared to an eligible project that is a bundle of
                projects.
        ``(h) Eligible Project Costs.--A grant received for an eligible
    project under the program may be used for--
            ``(1) development phase activities, including planning,
        feasibility analysis, revenue forecasting, environmental review,
        preliminary engineering and design work, and other preconstruction
        activities;
            ``(2) construction, reconstruction, rehabilitation, acquisition
        of real property (including land related to the project and
        improvements to the land), environmental mitigation, construction
        contingencies, acquisition of equipment, and operational
        improvements directly related to improving system performance; and
            ``(3) expenses related to the protection (as described in
        section 133(b)(10)) of a bridge, including seismic or scour
        protection.
        ``(i) TIFIA Program.--On the request of an eligible entity carrying
    out an eligible project, the Secretary may use amounts awarded to the
    entity to pay subsidy and administrative costs necessary to provide to
    the entity Federal credit assistance under chapter 6 with respect to
    the eligible project for which the grant was awarded.
        ``(j) Multiyear Grant Agreements for Large Projects.--
            ``(1) In general.--A large project that receives a grant under
        the program in an amount of not less than $100,000,000 may be
        carried out through a multiyear grant agreement in accordance with
        this subsection.
            ``(2) Requirements.--A multiyear grant agreement for a large
        project described in paragraph (1) shall--
                ``(A) establish the terms of participation by the Federal
            Government in the project;
                ``(B) establish the maximum amount of Federal financial
            assistance for the project in accordance with paragraphs (3)
            and (4) of subsection (c);
                ``(C) establish a payout schedule for the project that
            provides for disbursement of the full grant amount by not later
            than 4 fiscal years after the fiscal year in which the initial
            amount is provided;
                ``(D) determine the period of time for completing the
            project, even if that period extends beyond the period of an
            authorization; and
                ``(E) attempt to improve timely and efficient management of
            the project, consistent with all applicable Federal laws
            (including regulations).
            ``(3) Special financial rules.--
                ``(A) In general.--A multiyear grant agreement under this
            subsection--
                    ``(i) shall obligate an amount of available budget
                authority specified in law; and
                    ``(ii) may include a commitment, contingent on amounts
                to be specified in law in advance for commitments under
                this paragraph, to obligate an additional amount from
                future available budget authority specified in law.
                ``(B) Statement of contingent commitment.--The agreement
            shall state that the contingent commitment is not an obligation
            of the Federal Government.
                ``(C) Interest and other financing costs.--
                    ``(i) In general.--Interest and other financing costs
                of carrying out a part of the project within a reasonable
                time shall be considered a cost of carrying out the project
                under a multiyear grant agreement, except that eligible
                costs may not be more than the cost of the most favorable
                financing terms reasonably available for the project at the
                time of borrowing.
                    ``(ii) Certification.--The applicant shall certify to
                the Secretary that the applicant has shown reasonable
                diligence in seeking the most favorable financing terms.
            ``(4) Advance payment.--Notwithstanding any other provision of
        law, an eligible entity carrying out a large project under a
        multiyear grant agreement--
                ``(A) may use funds made available to the eligible entity
            under this title for eligible project costs of the large
            project until the amount specified in the multiyear grant
            agreement for the project for that fiscal year becomes
            available for obligation; and
                ``(B) if the eligible entity uses funds as described in
            subparagraph (A), the funds used shall be reimbursed from the
            amount made available under the multiyear grant agreement for
            the project.
        ``(k) Undertaking Parts of Projects in Advance Under Letters of No
    Prejudice.--
            ``(1) In general.--The Secretary may pay to an applicant all
        eligible project costs under the program, including costs for an
        activity for an eligible project incurred prior to the date on
        which the project receives funding under the program if--
                ``(A) before the applicant carries out the activity, the
            Secretary approves through a letter to the applicant the
            activity in the same manner as the Secretary approves other
            activities as eligible under the program;
                ``(B) a record of decision, a finding of no significant
            impact, or a categorical exclusion under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) has
            been issued for the eligible project; and
                ``(C) the activity is carried out without Federal
            assistance and in accordance with all applicable procedures and
            requirements.
            ``(2) Interest and other financing costs.--
                ``(A) In general.--For purposes of paragraph (1), the cost
            of carrying out an activity for an eligible project includes
            the amount of interest and other financing costs, including any
            interest earned and payable on bonds, to the extent interest
            and other financing costs are expended in carrying out the
            activity for the eligible project, except that interest and
            other financing costs may not be more than the cost of the most
            favorable financing terms reasonably available for the eligible
            project at the time of borrowing.
                ``(B) Certification.--The applicant shall certify to the
            Secretary that the applicant has shown reasonable diligence in
            seeking the most favorable financing terms under subparagraph
            (A).
            ``(3) No obligation or influence on recommendations.--An
        approval by the Secretary under paragraph (1)(A) shall not--
                ``(A) constitute an obligation of the Federal Government;
            or
                ``(B) alter or influence any evaluation under subsection
            (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary
            for funding under the program.
        ``(l) Federally-owned Bridges.--
            ``(1) Divestiture consideration.--In the case of a bridge owned
        by a Federal land management agency for which that agency applies
        for a grant under the program, the agency--
                ``(A) shall consider options to divest the bridge to a
            State or local entity after completion of the project; and
                ``(B) may apply jointly with the State or local entity to
            which the bridge may be divested.
            ``(2) Treatment.--Notwithstanding any other provision of law,
        section 129 shall apply to a bridge that was previously owned by a
        Federal land management agency and has been transferred to a non-
        Federal entity under paragraph (1) in the same manner as if the
        bridge was never federally owned.
        ``(m) Treatment of Projects.--Notwithstanding any other provision
    of law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under this chapter.
        ``(n) Congressional Notification.--Not later than 30 days before
    making a grant for an eligible project under the program, the Secretary
    shall submit to the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Environment and
    Public Works of the Senate a written notification of the proposed grant
    that includes--
            ``(1) an evaluation and justification for the eligible project;
        and
            ``(2) the amount of the proposed grant.
        ``(o) Reports.--
            ``(1) Annual report.--Not later than August 1 of each fiscal
        year, the Secretary shall make available on the website of the
        Department of Transportation an annual report that lists each
        eligible project for which a grant has been provided under the
        program during the fiscal year.
            ``(2) GAO assessment and report.--Not later than 3 years after
        the date of enactment of the Surface Transportation Reauthorization
        Act of 2021, the Comptroller General of the United States shall--
                ``(A) conduct an assessment of the administrative
            establishment, solicitation, selection, and justification
            process with respect to the funding of grants under the
            program; and
                ``(B) submit to the Committee on Transportation and
            Infrastructure of the House of Representatives and the
            Committee on Environment and Public Works of the Senate a
            report that describes--
                    ``(i) the adequacy and fairness of the process under
                which each eligible project that received a grant under the
                program was selected; and
                    ``(ii) the justification and criteria used for the
                selection of each eligible project.
        ``(p) Limitation.--
            ``(1) Large projects.--Of the amounts made available out of the
        Highway Trust Fund (other than the Mass Transit Account) to carry
        out this section for each of fiscal years 2022 through 2026, not
        less than 50 percent, in aggregate, shall be used for large
        projects.
            ``(2) Unutilized amounts.--If, in fiscal year 2026, the
        Secretary determines that grants under the program will not allow
        for the requirement under paragraph (1) to be met, the Secretary
        shall use the unutilized amounts to make other grants under the
        program during that fiscal year.
        ``(q) Tribal Transportation Facility Bridge Set Aside.--
            ``(1) In general.--Of the amounts made available from the
        Highway Trust Fund (other than the Mass Transit Account) for a
        fiscal year to carry out this section, the Secretary shall use, to
        carry out section 202(d)--
                ``(A) $16,000,000 for fiscal year 2022;
                ``(B) $18,000,000 for fiscal year 2023;
                ``(C) $20,000,000 for fiscal year 2024;
                ``(D) $22,000,000 for fiscal year 2025; and
                ``(E) $24,000,000 for fiscal year 2026.
            ``(2) Treatment.--For purposes of section 201, funds made
        available for section 202(d) under paragraph (1) shall be
        considered to be part of the tribal transportation program.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by inserting after the item relating to
    section 123 the following:
    ``124. Bridge investment program.''.
    SEC. 11119. SAFE ROUTES TO SCHOOL.
        (a) In General.--Chapter 2 of title 23, United States Code, is
    amended by inserting after section 207 the following:
    ``Sec. 208. Safe routes to school
        ``(a) Definitions.--In this section:
            ``(1) In the vicinity of schools.--The term `in the vicinity of
        schools', with respect to a school, means the approximately 2-mile
        area within bicycling and walking distance of the school.
            ``(2) Primary, middle, and high schools.--The term `primary,
        middle, and high schools' means schools providing education from
        kindergarten through 12th grade.
        ``(b) Establishment.--Subject to the requirements of this section,
    the Secretary shall establish and carry out a safe routes to school
    program for the benefit of children in primary, middle, and high
    schools.
        ``(c) Purposes.--The purposes of the program established under
    subsection (b) shall be--
            ``(1) to enable and encourage children, including those with
        disabilities, to walk and bicycle to school;
            ``(2) to make bicycling and walking to school a safer and more
        appealing transportation alternative, thereby encouraging a healthy
        and active lifestyle from an early age; and
            ``(3) to facilitate the planning, development, and
        implementation of projects and activities that will improve safety
        and reduce traffic, fuel consumption, and air pollution in the
        vicinity of schools.
        ``(d) Apportionment of Funds.--
            ``(1) In general.--Subject to paragraphs (2), (3), and (4),
        amounts made available to carry out this section for a fiscal year
        shall be apportioned among the States so that each State receives
        the amount equal to the proportion that--
                ``(A) the total student enrollment in primary, middle, and
            high schools in each State; bears to
                ``(B) the total student enrollment in primary, middle, and
            high schools in all States.
            ``(2) Minimum apportionment.--No State shall receive an
        apportionment under this section for a fiscal year of less than
        $1,000,000.
            ``(3) Set-aside for administrative expenses.--Before
        apportioning under this subsection amounts made available to carry
        out this section for a fiscal year, the Secretary shall set aside
        not more than $3,000,000 of those amounts for the administrative
        expenses of the Secretary in carrying out this section.
            ``(4) Determination of student enrollments.--Determinations
        under this subsection relating to student enrollments shall be made
        by the Secretary.
        ``(e) Administration of Amounts.--Amounts apportioned to a State
    under this section shall be administered by the State department of
    transportation.
        ``(f) Eligible Recipients.--Amounts apportioned to a State under
    this section shall be used by the State to provide financial assistance
    to State, local, Tribal, and regional agencies, including nonprofit
    organizations, that demonstrate an ability to meet the requirements of
    this section.
        ``(g) Eligible Projects and Activities.--
            ``(1) Infrastructure-related projects.--
                ``(A) In general.--Amounts apportioned to a State under
            this section may be used for the planning, design, and
            construction of infrastructure-related projects that will
            substantially improve the ability of students to walk and
            bicycle to school, including sidewalk improvements, traffic
            calming and speed reduction improvements, pedestrian and
            bicycle crossing improvements, on-street bicycle facilities,
            off-street bicycle and pedestrian facilities, secure bicycle
            parking facilities, and traffic diversion improvements in the
            vicinity of schools.
                ``(B) Location of projects.--Infrastructure-related
            projects under subparagraph (A) may be carried out on any
            public road or any bicycle or pedestrian pathway or trail in
            the vicinity of schools.
            ``(2) Noninfrastructure-related activities.--
                ``(A) In general.--In addition to projects described in
            paragraph (1), amounts apportioned to a State under this
            section may be used for noninfrastructure-related activities to
            encourage walking and bicycling to school, including public
            awareness campaigns and outreach to press and community
            leaders, traffic education and enforcement in the vicinity of
            schools, student sessions on bicycle and pedestrian safety,
            health, and environment, and funding for training, volunteers,
            and managers of safe routes to school programs.
                ``(B) Allocation.--Not less than 10 percent and not more
            than 30 percent of the amount apportioned to a State under this
            section for a fiscal year shall be used for noninfrastructure-
            related activities under this paragraph.
            ``(3) Safe routes to school coordinator.--Each State shall use
        a sufficient amount of the apportionment of the State for each
        fiscal year to fund a full-time position of coordinator of the safe
        routes to school program of the State.
        ``(h) Clearinghouse.--
            ``(1) In general.--The Secretary shall make grants to a
        national nonprofit organization engaged in promoting safe routes to
        schools--
                ``(A) to operate a national safe routes to school
            clearinghouse;
                ``(B) to develop information and educational programs on
            safe routes to school; and
                ``(C) to provide technical assistance and disseminate
            techniques and strategies used for successful safe routes to
            school programs.
            ``(2) Funding.--The Secretary shall carry out this subsection
        using amounts set aside for administrative expenses under
        subsection (d)(3).
        ``(i) Treatment of Projects.--Notwithstanding any other provision
    of law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under chapter 1.''.
        (b) Conforming Amendments.--
            (1) The analysis for chapter 2 of title 23, United States Code,
        is amended by inserting after the item relating to section 207 the
        following:
    ``208. Safe routes to school.''.

            (2) Section 1404 of SAFETEA-LU (23 U.S.C. 402 note; Public Law
        109-59) is repealed.
            (3) The table of contents in section 1(b) of SAFETEA-LU (Public
        Law 109-59; 119 Stat. 1144) is amended by striking the item
        relating to section 1404.
    SEC. 11120. HIGHWAY USE TAX EVASION PROJECTS.
        Section 143(b)(2)(A) of title 23, United States Code, is amended by
    striking ``fiscal years 2016 through 2020'' and inserting ``fiscal
    years 2022 through 2026''.
    SEC. 11121. CONSTRUCTION OF FERRY BOATS AND FERRY TERMINAL FACILITIES.
        Section 147 of title 23, United States Code, is amended by striking
    subsection (h) and inserting the following:
        ``(h) Authorization of Appropriations.--There are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account) to carry out this section--
            ``(1) $110,000,000 for fiscal year 2022;
            ``(2) $112,000,000 for fiscal year 2023;
            ``(3) $114,000,000 for fiscal year 2024;
            ``(4) $116,000,000 for fiscal year 2025; and
            ``(5) $118,000,000 for fiscal year 2026.''.
    SEC. 11122. VULNERABLE ROAD USER RESEARCH.
        (a) Definitions.--In this subsection:
            (1) Administrator.--The term ``Administrator'' means the
        Secretary, acting through the Administrator of the Federal Highway
        Administration.
            (2) Vulnerable road user.--The term ``vulnerable road user''
        has the meaning given the term in section 148(a) of title 23,
        United States Code.
        (b) Establishment of Research Plan.--The Administrator shall
    establish a research plan to prioritize research on roadway designs,
    the development of safety countermeasures to minimize fatalities and
    serious injuries to vulnerable road users, and the promotion of
    bicycling and walking, including research relating to--
            (1) roadway safety improvements, including traffic calming
        techniques and vulnerable road user accommodations appropriate in a
        suburban arterial context;
            (2) the impacts of traffic speeds, and access to low-traffic
        stress corridors, on safety and rates of bicycling and walking;
            (3) tools to evaluate the impact of transportation improvements
        on projected rates and safety of bicycling and walking; and
            (4) other research areas to be determined by the Administrator.
        (c) Vulnerable Road User Assessments.--The Administrator shall--
            (1) review each vulnerable road user safety assessment
        submitted by a State under section 148(l) of title 23, United
        States Code, and other relevant sources of data to determine what,
        if any, standard definitions and methods should be developed
        through guidance to enable a State to collect pedestrian injury and
        fatality data; and
            (2) in the first progress update under subsection (d)(2),
        provide--
                (A) the results of the determination described in paragraph
            (1); and
                (B) the recommendations of the Secretary with respect to
            the collection and reporting of data on the safety of
            vulnerable road users.
        (d) Submission; Publication.--
            (1) Submission of plan.--Not later than 180 days after the date
        of enactment of this Act, the Administrator shall submit to the
        Committee on Environment and Public Works of the Senate and the
        Committee on Transportation and Infrastructure of the House of
        Representatives the research plan described in subsection (b).
            (2) Progress updates.--Not later than 2 years after the date of
        enactment of this Act, and biannually thereafter, the Administrator
        shall submit to the Committees described in paragraph (1)--
                (A) updates on the progress and findings of the research
            conducted pursuant to the plan described in subsection (b); and
                (B) in the first submission under this paragraph, the
            results and recommendations described in subsection (c)(2).
    SEC. 11123. WILDLIFE CROSSING SAFETY.
        (a) Declaration of Policy.--Section 101(b)(3)(D) of title 23,
    United States Code, is amended, in the matter preceding clause (i), by
    inserting ``resilient,'' after ``efficient,''.
        (b) Wildlife Crossings Pilot Program.--
            (1) In general.--Chapter 1 of title 23, United States Code, is
        amended by adding at the end the following:
    ``Sec. 171. Wildlife crossings pilot program
        ``(a) Finding.--Congress finds that greater adoption of wildlife-
    vehicle collision safety countermeasures is in the public interest
    because--
            ``(1) according to the report of the Federal Highway
        Administration entitled `Wildlife-Vehicle Collision Reduction
        Study', there are more than 1,000,000 wildlife-vehicle collisions
        every year;
            ``(2) wildlife-vehicle collisions--
                ``(A) present a danger to--
                    ``(i) human safety; and
                    ``(ii) wildlife survival; and
                ``(B) represent a persistent concern that results in tens
            of thousands of serious injuries and hundreds of fatalities on
            the roadways of the United States; and
            ``(3) the total annual cost associated with wildlife-vehicle
        collisions has been estimated to be $8,388,000,000; and
            ``(4) wildlife-vehicle collisions are a major threat to the
        survival of species, including birds, reptiles, mammals, and
        amphibians.
        ``(b) Establishment.--The Secretary shall establish a competitive
    wildlife crossings pilot program (referred to in this section as the
    `pilot program') to provide grants for projects that seek to achieve--
            ``(1) a reduction in the number of wildlife-vehicle collisions;
        and
            ``(2) in carrying out the purpose described in paragraph (1),
        improved habitat connectivity for terrestrial and aquatic species.
        ``(c) Eligible Entities.--An entity eligible to apply for a grant
    under the pilot program is--
            ``(1) a State highway agency, or an equivalent of that agency;
            ``(2) a metropolitan planning organization (as defined in
        section 134(b));
            ``(3) a unit of local government;
            ``(4) a regional transportation authority;
            ``(5) a special purpose district or public authority with a
        transportation function, including a port authority;
            ``(6) an Indian tribe (as defined in section 207(m)(1)),
        including a Native village and a Native Corporation (as those terms
        are defined in section 3 of the Alaska Native Claims Settlement Act
        (43 U.S.C. 1602));
            ``(7) a Federal land management agency; or
            ``(8) a group of any of the entities described in paragraphs
        (1) through (7).
        ``(d) Applications.--
            ``(1) In general.--To be eligible to receive a grant under the
        pilot program, an eligible entity shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            ``(2) Requirement.--If an application under paragraph (1) is
        submitted by an eligible entity other than an eligible entity
        described in paragraph (1) or (7) of subsection (c), the
        application shall include documentation that the State highway
        agency, or an equivalent of that agency, of the State in which the
        eligible entity is located was consulted during the development of
        the application.
            ``(3) Guidance.--To enhance consideration of current and
        reliable data, eligible entities may obtain guidance from an agency
        in the State with jurisdiction over fish and wildlife.
        ``(e) Considerations.--In selecting grant recipients under the
    pilot program, the Secretary shall take into consideration the
    following:
            ``(1) Primarily, the extent to which the proposed project of an
        eligible entity is likely to protect motorists and wildlife by
        reducing the number of wildlife-vehicle collisions and improve
        habitat connectivity for terrestrial and aquatic species.
            ``(2) Secondarily, the extent to which the proposed project of
        an eligible entity is likely to accomplish the following:
                ``(A) Leveraging Federal investment by encouraging non-
            Federal contributions to the project, including projects from
            public-private partnerships.
                ``(B) Supporting local economic development and improvement
            of visitation opportunities.
                ``(C) Incorporation of innovative technologies, including
            advanced design techniques and other strategies to enhance
            efficiency and effectiveness in reducing wildlife-vehicle
            collisions and improving habitat connectivity for terrestrial
            and aquatic species.
                ``(D) Provision of educational and outreach opportunities.
                ``(E) Monitoring and research to evaluate, compare
            effectiveness of, and identify best practices in, selected
            projects.
                ``(F) Any other criteria relevant to reducing the number of
            wildlife-vehicle collisions and improving habitat connectivity
            for terrestrial and aquatic species, as the Secretary
            determines to be appropriate, subject to the condition that the
            implementation of the pilot program shall not be delayed in the
            absence of action by the Secretary to identify additional
            criteria under this subparagraph.
        ``(f) Use of Funds.--
            ``(1) In general.--The Secretary shall ensure that a grant
        received under the pilot program is used for a project to reduce
        wildlife-vehicle collisions.
            ``(2) Grant administration.--
                ``(A) In general.--A grant received under the pilot program
            shall be administered by--
                    ``(i) in the case of a grant to a Federal land
                management agency or an Indian tribe (as defined in section
                207(m)(1), including a Native village and a Native
                Corporation (as those terms are defined in section 3 of the
                Alaska Native Claims Settlement Act (43 U.S.C. 1602))), the
                Federal Highway Administration, through an agreement; and
                    ``(ii) in the case of a grant to an eligible entity
                other than an eligible entity described in clause (i), the
                State highway agency, or an equivalent of that agency, for
                the State in which the project is to be carried out.
                ``(B) Partnerships.--
                    ``(i) In general.--A grant received under the pilot
                program may be used to provide funds to eligible partners
                of the project for which the grant was received described
                in clause (ii), in accordance with the terms of the project
                agreement.
                    ``(ii) Eligible partners described.--The eligible
                partners referred to in clause (i) include--

                        ``(I) a metropolitan planning organization (as
                    defined in section 134(b));
                        ``(II) a unit of local government;
                        ``(III) a regional transportation authority;
                        ``(IV) a special purpose district or public
                    authority with a transportation function, including a
                    port authority;
                        ``(V) an Indian tribe (as defined in section
                    207(m)(1)), including a Native village and a Native
                    Corporation (as those terms are defined in section 3 of
                    the Alaska Native Claims Settlement Act (43 U.S.C.
                    1602));
                        ``(VI) a Federal land management agency;
                        ``(VII) a foundation, nongovernmental organization,
                    or institution of higher education;
                        ``(VIII) a Federal, Tribal, regional, or State
                    government entity; and
                        ``(IX) a group of any of the entities described in
                    subclauses (I) through (VIII).

            ``(3) Compliance.--An eligible entity that receives a grant
        under the pilot program and enters into a partnership described in
        paragraph (2) shall establish measures to verify that an eligible
        partner that receives funds from the grant complies with the
        conditions of the pilot program in using those funds.
        ``(g) Requirement.--The Secretary shall ensure that not less than
    60 percent of the amounts made available for grants under the pilot
    program each fiscal year are for projects located in rural areas.
        ``(h) Annual Report to Congress.--
            ``(1) In general.--Not later than December 31 of each calendar
        year, the Secretary shall submit to Congress, and make publicly
        available, a report describing the activities under the pilot
        program for the fiscal year that ends during that calendar year.
            ``(2) Contents.--The report under paragraph (1) shall include--
                ``(A) a detailed description of the activities carried out
            under the pilot program;
                ``(B) an evaluation of the effectiveness of the pilot
            program in meeting the purposes described in subsection (b);
            and
                ``(C) policy recommendations to improve the effectiveness
            of the pilot program.
        ``(i) Treatment of Projects.--Notwithstanding any other provision
    of law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under this chapter.''.
            (2) Clerical amendment.--The analysis for chapter 1 of title
        23, United States Code, is amended by inserting after the item
        relating to section 170 the following:
    ``171. Wildlife crossings pilot program.''.

        (c) Wildlife Vehicle Collision Reduction and Habitat Connectivity
    Improvement.--
            (1) In general.--Chapter 1 of title 23, United States Code (as
        amended by subsection (b)(1)), is amended by adding at the end the
        following:
    ``Sec. 172. Wildlife-vehicle collision reduction and habitat
       connectivity improvement
        ``(a) Study.--
            ``(1) In general.--The Secretary shall conduct a study
        (referred to in this subsection as the `study') of the state, as of
        the date of the study, of the practice of methods to reduce
        collisions between motorists and wildlife (referred to in this
        section as `wildlife-vehicle collisions').
            ``(2) Contents.--
                ``(A) Areas of study.--The study shall--
                    ``(i) update and expand on, as appropriate--

                        ``(I) the report entitled `Wildlife Vehicle
                    Collision Reduction Study: 2008 Report to Congress';
                    and
                        ``(II) the document entitled `Wildlife Vehicle
                    Collision Reduction Study: Best Practices Manual' and
                    dated October 2008; and

                    ``(ii) include--

                        ``(I) an assessment, as of the date of the study,
                    of--

                            ``(aa) the causes of wildlife-vehicle
                        collisions;
                            ``(bb) the impact of wildlife-vehicle
                        collisions on motorists and wildlife; and
                            ``(cc) the impacts of roads and traffic on
                        habitat connectivity for terrestrial and aquatic
                        species; and

                        ``(II) solutions and best practices for--

                            ``(aa) reducing wildlife-vehicle collisions;
                        and
                            ``(bb) improving habitat connectivity for
                        terrestrial and aquatic species.
                ``(B) Methods.--In carrying out the study, the Secretary
            shall--
                    ``(i) conduct a thorough review of research and data
                relating to--

                        ``(I) wildlife-vehicle collisions; and
                        ``(II) habitat fragmentation that results from
                    transportation infrastructure;

                    ``(ii) survey current practices of the Department of
                Transportation and State departments of transportation to
                reduce wildlife-vehicle collisions; and
                    ``(iii) consult with--

                        ``(I) appropriate experts in the field of wildlife-
                    vehicle collisions; and
                        ``(II) appropriate experts on the effects of roads
                    and traffic on habitat connectivity for terrestrial and
                    aquatic species.

            ``(3) Report.--
                ``(A) In general.--Not later than 18 months after the date
            of enactment of the Surface Transportation Reauthorization Act
            of 2021, the Secretary shall submit to Congress a report on the
            results of the study.
                ``(B) Contents.--The report under subparagraph (A) shall
            include--
                    ``(i) a description of--

                        ``(I) the causes of wildlife-vehicle collisions;
                        ``(II) the impacts of wildlife-vehicle collisions;
                    and
                        ``(III) the impacts of roads and traffic on--

                            ``(aa) species listed as threatened species or
                        endangered species under the Endangered Species Act
                        of 1973 (16 U.S.C. 1531 et seq.);
                            ``(bb) species identified by States as species
                        of greatest conservation need;
                            ``(cc) species identified in State wildlife
                        plans; and
                            ``(dd) medium and small terrestrial and aquatic
                        species;
                    ``(ii) an economic evaluation of the costs and benefits
                of installing highway infrastructure and other measures to
                mitigate damage to terrestrial and aquatic species,
                including the effect on jobs, property values, and economic
                growth to society, adjacent communities, and landowners;
                    ``(iii) recommendations for preventing wildlife-vehicle
                collisions, including recommended best practices, funding
                resources, or other recommendations for addressing
                wildlife-vehicle collisions; and
                    ``(iv) guidance, developed in consultation with Federal
                land management agencies and State departments of
                transportation, State fish and wildlife agencies, and
                Tribal governments that agree to participate, for
                developing, for each State that agrees to participate, a
                voluntary joint statewide transportation and wildlife
                action plan--

                        ``(I) to address wildlife-vehicle collisions; and
                        ``(II) to improve habitat connectivity for
                    terrestrial and aquatic species.

        ``(b) Workforce Development and Technical Training.--
            ``(1) In general.--Not later than 3 years after the date of
        enactment of the Surface Transportation Reauthorization Act of
        2021, the Secretary shall, based on the study conducted under
        subsection (a), develop a series of in-person and online workforce
        development and technical training courses--
                ``(A) to reduce wildlife-vehicle collisions; and
                ``(B) to improve habitat connectivity for terrestrial and
            aquatic species.
            ``(2) Availability.--The Secretary shall--
                ``(A) make the series of courses developed under paragraph
            (1) available for transportation and fish and wildlife
            professionals; and
                ``(B) update the series of courses not less frequently than
            once every 2 years.
        ``(c) Standardization of Wildlife Collision and Carcass Data.--
            ``(1) Standardized methodology.--
                ``(A) In general.--The Secretary, acting through the
            Administrator of the Federal Highway Administration (referred
            to in this subsection as the `Secretary'), shall develop a
            quality standardized methodology for collecting and reporting
            spatially accurate wildlife collision and carcass data for the
            National Highway System, considering the practicability of the
            methodology with respect to technology and cost.
                ``(B) Methodology.--In developing the standardized
            methodology under subparagraph (A), the Secretary shall--
                    ``(i) survey existing methodologies and sources of data
                collection, including the Fatality Analysis Reporting
                System, the General Estimates System of the National
                Automotive Sampling System, and the Highway Safety
                Information System; and
                    ``(ii) to the extent practicable, identify and correct
                limitations of those existing methodologies and sources of
                data collection.
                ``(C) Consultation.--In developing the standardized
            methodology under subparagraph (A), the Secretary shall consult
            with--
                    ``(i) the Secretary of the Interior;
                    ``(ii) the Secretary of Agriculture, acting through the
                Chief of the Forest Service;
                    ``(iii) Tribal, State, and local transportation and
                wildlife authorities;
                    ``(iv) metropolitan planning organizations (as defined
                in section 134(b));
                    ``(v) members of the American Association of State
                Highway Transportation Officials;
                    ``(vi) members of the Association of Fish and Wildlife
                Agencies;
                    ``(vii) experts in the field of wildlife-vehicle
                collisions;
                    ``(viii) nongovernmental organizations; and
                    ``(ix) other interested stakeholders, as appropriate.
            ``(2) Standardized national data system with voluntary template
        implementation.--The Secretary shall--
                ``(A) develop a template for State implementation of a
            standardized national wildlife collision and carcass data
            system for the National Highway System that is based on the
            standardized methodology developed under paragraph (1); and
                ``(B) encourage the voluntary implementation of the
            template developed under subparagraph (A).
            ``(3) Reports.--
                ``(A) Methodology.--The Secretary shall submit to Congress
            a report describing the standardized methodology developed
            under paragraph (1) not later than the later of--
                    ``(i) the date that is 18 months after the date of
                enactment of the Surface Transportation Reauthorization Act
                of 2021; and
                    ``(ii) the date that is 180 days after the date on
                which the Secretary completes the development of the
                standardized methodology.
                ``(B) Implementation.--Not later than 4 years after the
            date of enactment of the Surface Transportation Reauthorization
            Act of 2021, the Secretary shall submit to Congress a report
            describing--
                    ``(i) the status of the voluntary implementation of the
                standardized methodology developed under paragraph (1) and
                the template developed under paragraph (2)(A);
                    ``(ii) whether the implementation of the standardized
                methodology developed under paragraph (1) and the template
                developed under paragraph (2)(A) has impacted efforts by
                States, units of local government, and other entities--

                        ``(I) to reduce the number of wildlife-vehicle
                    collisions; and
                        ``(II) to improve habitat connectivity;

                    ``(iii) the degree of the impact described in clause
                (ii); and
                    ``(iv) the recommendations of the Secretary, including
                recommendations for further study aimed at reducing
                motorist collisions involving wildlife and improving
                habitat connectivity for terrestrial and aquatic species on
                the National Highway System, if any.
        ``(d) National Threshold Guidance.--The Secretary shall--
            ``(1) establish guidance, to be carried out by States on a
        voluntary basis, that contains a threshold for determining whether
        a highway shall be evaluated for potential mitigation measures to
        reduce wildlife-vehicle collisions and increase habitat
        connectivity for terrestrial and aquatic species, taking into
        consideration--
                ``(A) the number of wildlife-vehicle collisions on the
            highway that pose a human safety risk;
                ``(B) highway-related mortality and the effects of traffic
            on the highway on--
                    ``(i) species listed as endangered species or
                threatened species under the Endangered Species Act of 1973
                (16 U.S.C. 1531 et seq.);
                    ``(ii) species identified by a State as species of
                greatest conservation need;
                    ``(iii) species identified in State wildlife plans; and
                    ``(iv) medium and small terrestrial and aquatic
                species; and
                ``(C) habitat connectivity values for terrestrial and
            aquatic species and the barrier effect of the highway on the
            movements and migrations of those species.''.
            (2) Clerical amendment.--The analysis for chapter 1 of title
        23, United States Code (as amended by subsection (b)(2)) is amended
        by inserting after the item relating to section 171 the following:
    ``172. Wildlife-vehicle collision reduction and habitat connectivity
              improvement.''.

        (d) Wildlife Crossings Standards.--Section 109(c)(2) of title 23,
    United States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) by redesignating subparagraph (F) as subparagraph (G); and
            (3) by inserting after subparagraph (E) the following:
                ``(F) the publication of the Federal Highway Administration
            entitled `Wildlife Crossing Structure Handbook: Design and
            Evaluation in North America' and dated March 2011; and''.
        (e) Wildlife Habitat Connectivity and National Bridge and Tunnel
    Inventory and Inspection Standards.--Section 144 of title 23, United
    States Code, is amended--
            (1) in subsection (a)(2)--
                (A) in subparagraph (B), by inserting ``, resilience,''
            after ``safety'';
                (B) in subparagraph (D), by striking ``and'' at the end;
                (C) in subparagraph (E), by striking the period at the end
            and inserting ``; and''; and
                (D) by adding at the end the following:
                ``(F) to ensure adequate passage of aquatic and terrestrial
            species, where appropriate.'';
            (2) in subsection (b)--
                (A) in paragraph (4), by striking ``and'' at the end;
                (B) in paragraph (5), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(6) determine if the replacement or rehabilitation of bridges
        and tunnels should include measures to enable safe and unimpeded
        movement for terrestrial and aquatic species.''; and
            (3) in subsection (i), by adding at the end the following:
            ``(3) Requirement.--The first revision under paragraph (2)
        after the date of enactment of the Surface Transportation
        Reauthorization Act of 2021 shall include techniques to assess
        passage of aquatic and terrestrial species and habitat restoration
        potential.''.
    SEC. 11124. CONSOLIDATION OF PROGRAMS.
        Section 1519(a) of MAP-21 (Public Law 112-141; 126 Stat. 574; 129
    Stat. 1423) is amended, in the matter preceding paragraph (1), by
    striking ``fiscal years 2016 through 2020'' and inserting ``fiscal
    years 2022 through 2026''.
    SEC. 11125. GAO REPORT.
        (a) In General.--Section 1433 of the FAST Act (23 U.S.C. 101 note;
    Public Law 114-94) is repealed.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by striking
    the item relating to section 1433.
    SEC. 11126. TERRITORIAL AND PUERTO RICO HIGHWAY PROGRAM.
        Section 165 of title 23, United States Code, is amended--
            (1) in subsection (a), by striking paragraphs (1) and (2) and
        inserting the following:
            ``(1) for the Puerto Rico highway program under subsection
        (b)--
                ``(A) $173,010,000 shall be for fiscal year 2022;
                ``(B) $176,960,000 shall be for fiscal year 2023;
                ``(C) $180,120,000 shall be for fiscal year 2024;
                ``(D) $183,675,000 shall be for fiscal year 2025; and
                ``(E) $187,230,000 shall be for fiscal year 2026; and
            ``(2) for the territorial highway program under subsection
        (c)--
                ``(A) $45,990,000 shall be for fiscal year 2022;
                ``(B) $47,040,000 shall be for fiscal year 2023;
                ``(C) $47,880,000 shall be for fiscal year 2024;
                ``(D) $48,825,000 shall be for fiscal year 2025; and
                ``(E) $49,770,000 shall be for fiscal year 2026.'';
            (2) in subsection (b)(2)(C)(iii), by inserting ``and
        preventative maintenance on the National Highway System'' after
        ``chapter 1''; and
            (3) in subsection (c)(7), by striking ``paragraphs (1) through
        (4) of section 133(c) and section 133(b)(12)'' and inserting
        ``paragraphs (1), (2), (3), and (5) of section 133(c) and section
        133(b)(13)''.
    SEC. 11127. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS
    PROGRAM.
        Section 1123 of the FAST Act (23 U.S.C. 201 note; Public Law 114-
    94) is amended--
            (1) in subsection (c)(3), by striking ``$25,000,000'' and all
        that follows through the period at the end and inserting
        ``$12,500,000.'';
            (2) in subsection (g)--
                (A) by striking the subsection designation and heading and
            all that follows through ``The Federal'' in paragraph (1) and
            inserting the following:
        ``(g) Cost Share.--
            ``(1) Federal share.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the Federal'';
                (B) in paragraph (1), by adding at the end the following:
                ``(B) Tribal projects.--In the case of a project on a
            tribal transportation facility (as defined in section 101(a) of
            title 23, United States Code), the Federal share of the cost of
            the project shall be 100 percent.''; and
                (C) in paragraph (2), by striking ``other than those made
            available under title 23 or title 49, United States Code,'';
            and
            (3) by striking subsection (h) and inserting the following:
        ``(h) Use of Funds.--
            ``(1) In general.--For each fiscal year, of the amounts made
        available to carry out this section--
                ``(A) 50 percent shall be used for eligible projects on
            Federal lands transportation facilities and Federal lands
            access transportation facilities (as those terms are defined in
            section 101(a) of title 23, United States Code); and
                ``(B) 50 percent shall be used for eligible projects on
            tribal transportation facilities (as defined in section 101(a)
            of title 23, United States Code).
            ``(2) Requirement.--Not less than 1 eligible project carried
        out using the amount described in paragraph (1)(A) shall be in a
        unit of the National Park System with not less than 3,000,000
        annual visitors.
            ``(3) Availability.--Amounts made available to carry out this
        section shall remain available for a period of 3 fiscal years
        following the fiscal year for which the amounts are
        appropriated.''.
    SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.
        Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
    is amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) in paragraph (3) (as so redesignated), in the matter
        preceding subparagraph (A), by striking ``paragraph (1)'' and
        inserting ``paragraphs (1) and (2)''; and
            (3) by striking the subsection designation and heading and all
        that follows through the period at the end of paragraph (1) and
        inserting the following:
        ``(h) Funding.--
            ``(1) Set-aside.--For each of fiscal years 2022 through 2026,
        of the amounts made available to carry out the tribal
        transportation program under section 202 of title 23, United States
        Code, for that fiscal year, the Secretary shall use $9,000,000 to
        carry out the program.
            ``(2) Authorization of appropriations.--In addition to amounts
        made available under paragraph (1), there is authorized to be
        appropriated $30,000,000 out of the general fund of the Treasury to
        carry out the program for each of fiscal years 2022 through
        2026.''.
    SEC. 11129. STANDARDS.
        Section 109 of title 23, United States Code, is amended--
            (1) in subsection (d)--
                (A) by striking ``(d) On any'' and inserting the following:
        ``(d) Manual on Uniform Traffic Control Devices.--
            ``(1) In general.--On any'';
                (B) in paragraph (1) (as so designated), by striking
            ``promote the safe'' and inserting ``promote the safety,
            inclusion, and mobility of all users''; and
                (C) by adding at the end the following:
            ``(2) Updates.--Not later than 18 months after the date of
        enactment of the Surface Transportation Reauthorization Act of 2021
        and not less frequently than every 4 years thereafter, the
        Secretary shall update the Manual on Uniform Traffic Control
        Devices.'';
            (2) in subsection (o)--
                (A) by striking ``Projects'' and inserting:
                ``(A) In general.--Projects''; and
                (B) by inserting at the end the following:
                ``(B) Local jurisdictions.--Notwithstanding subparagraph
            (A), a local jurisdiction may use a roadway design guide
            recognized by the Federal Highway Administration and adopted by
            the local jurisdiction that is different from the roadway
            design guide used by the State in which the local jurisdiction
            is located for the design of projects on all roadways under the
            ownership of the local jurisdiction (other than a highway on
            the National Highway System) for which the local jurisdiction
            is the project sponsor, provided that the design complies with
            all other applicable Federal laws.''; and
            (3) by adding at the end the following:
        ``(s) Electric Vehicle Charging Stations.--
            ``(1) Standards.--Electric vehicle charging infrastructure
        installed using funds provided under this title shall provide, at a
        minimum--
                ``(A) non-proprietary charging connectors that meet
            applicable industry safety standards; and
                ``(B) open access to payment methods that are available to
            all members of the public to ensure secure, convenient, and
            equal access to the electric vehicle charging infrastructure
            that shall not be limited by membership to a particular payment
            provider.
            ``(2) Treatment of projects.--Notwithstanding any other
        provision of law, a project to install electric vehicle charging
        infrastructure using funds provided under this title shall be
        treated as if the project is located on a Federal-aid highway.''.
    SEC. 11130. PUBLIC TRANSPORTATION.
        (a) In General.--Section 142(a) of title 23, United States Code, is
    amended by adding at the end the following:
            ``(3) Bus corridors.--In addition to the projects described in
        paragraphs (1) and (2), the Secretary may approve payment from sums
        apportioned under paragraph (2) or (7) of section 104(b) for
        carrying out a capital project for the construction of a bus rapid
        transit corridor or dedicated bus lanes, including the construction
        or installation of--
                ``(A) traffic signaling and prioritization systems;
                ``(B) redesigned intersections that are necessary for the
            establishment of a bus rapid transit corridor;
                ``(C) on-street stations;
                ``(D) fare collection systems;
                ``(E) information and wayfinding systems; and
                ``(F) depots.''.
        (b) Technical Correction.--Section 142 of title 23, United States
    Code, is amended by striking subsection (i).
    SEC. 11131. RESERVATION OF CERTAIN FUNDS.
        (a) Open Container Requirements.--Section 154(c)(2) of title 23,
    United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the following:
                ``(A) Reservation of funds.--
                    ``(i) In general.--On October 1, 2021, and each October
                1 thereafter, in the case of a State described in clause
                (ii), the Secretary shall reserve an amount equal to 2.5
                percent of the funds to be apportioned to the State on that
                date under each of paragraphs (1) and (2) of section 104(b)
                until the State certifies to the Secretary the means by
                which the State will use those reserved funds in accordance
                with subparagraphs (A) and (B) of paragraph (1), and
                paragraph (3).
                    ``(ii) States described.--A State referred to in clause
                (i) is a State--

                        ``(I) that has not enacted or is not enforcing an
                    open container law described in subsection (b); and
                        ``(II) for which the Secretary determined for the
                    prior fiscal year that the State had not enacted or was
                    not enforcing an open container law described in
                    subsection (b).''; and

            (3) in subparagraph (B), in the matter preceding clause (i), by
        striking ``subparagraph (A)'' and inserting ``subparagraph
        (A)(i)''.
        (b) Repeat Intoxicated Driver Laws.--Section 164(b)(2) of title 23,
    United States Code, is amended--
            (1) in the paragraph heading, by striking ``2012'' and
        inserting ``2022'';
            (2) by striking subparagraph (A) and inserting the following:
                ``(A) Reservation of funds.--
                    ``(i) In general.--On October 1, 2021, and each October
                1 thereafter, in the case of a State described in clause
                (ii), the Secretary shall reserve an amount equal to 2.5
                percent of the funds to be apportioned to the State on that
                date under each of paragraphs (1) and (2) of section 104(b)
                until the State certifies to the Secretary the means by
                which the State will use those reserved funds in accordance
                with subparagraphs (A) and (B) of paragraph (1), and
                paragraph (3).
                    ``(ii) States described.--A State referred to in clause
                (i) is a State--

                        ``(I) that has not enacted or is not enforcing a
                    repeat intoxicated driver law; and
                        ``(II) for which the Secretary determined for the
                    prior fiscal year that the State had not enacted or was
                    not enforcing a repeat intoxicated driver law.''; and

            (3) in subparagraph (B), in the matter preceding clause (i), by
        striking ``subparagraph (A)'' and inserting ``subparagraph
        (A)(i)''.
    SEC. 11132. RURAL SURFACE TRANSPORTATION GRANT PROGRAM.
        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 11123(c)(1)), is amended by adding at the end the
    following:
    ``Sec. 173. Rural surface transportation grant program
        ``(a) Definitions.--In this section:
            ``(1) Program.--The term `program' means the program
        established under subsection (b)(1).
            ``(2) Rural area.--The term `rural area' means an area that is
        outside an urbanized area with a population of over 200,000.
        ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a rural
        surface transportation grant program to provide grants, on a
        competitive basis, to eligible entities to improve and expand the
        surface transportation infrastructure in rural areas.
            ``(2) Goals.--The goals of the program shall be--
                ``(A) to increase connectivity;
                ``(B) to improve the safety and reliability of the movement
            of people and freight; and
                ``(C) to generate regional economic growth and improve
            quality of life.
            ``(3) Grant administration.--The Secretary may--
                ``(A) retain not more than a total of 2 percent of the
            funds made available to carry out the program and to review
            applications for grants under the program; and
                ``(B) transfer portions of the funds retained under
            subparagraph (A) to the relevant Administrators to fund the
            award and oversight of grants provided under the program.
        ``(c) Eligible Entities.--The Secretary may make a grant under the
    program to--
            ``(1) a State;
            ``(2) a regional transportation planning organization;
            ``(3) a unit of local government;
            ``(4) a Tribal government or a consortium of Tribal
        governments; and
            ``(5) a multijurisdictional group of entities described in
        paragraphs (1) through (4).
        ``(d) Applications.--To be eligible to receive a grant under the
    program, an eligible entity shall submit to the Secretary an
    application in such form, at such time, and containing such information
    as the Secretary may require.
        ``(e) Eligible Projects.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Secretary may make a grant under the program only for a project
        that is--
                ``(A) a highway, bridge, or tunnel project eligible under
            section 119(d);
                ``(B) a highway, bridge, or tunnel project eligible under
            section 133(b);
                ``(C) a project eligible under section 202(a);
                ``(D) a highway freight project eligible under section
            167(h)(5);
                ``(E) a highway safety improvement project, including a
            project to improve a high risk rural road (as those terms are
            defined in section 148(a));
                ``(F) a project on a publicly-owned highway or bridge that
            provides or increases access to an agricultural, commercial,
            energy, or intermodal facility that supports the economy of a
            rural area; or
                ``(G) a project to develop, establish, or maintain an
            integrated mobility management system, a transportation demand
            management system, or on-demand mobility services.
            ``(2) Bundling of eligible projects.--
                ``(A) In general.--An eligible entity may bundle 2 or more
            similar eligible projects under the program that are--
                    ``(i) included as a bundled project in a statewide
                transportation improvement program under section 135; and
                    ``(ii) awarded to a single contractor or consultant
                pursuant to a contract for engineering and design or
                construction between the contractor and the eligible
                entity.
                ``(B) Itemization.--Notwithstanding any other provision of
            law (including regulations), a bundling of eligible projects
            under this paragraph may be considered to be a single project,
            including for purposes of section 135.
        ``(f) Eligible Project Costs.--An eligible entity may use funds
    from a grant under the program for--
            ``(1) development phase activities, including planning,
        feasibility analysis, revenue forecasting, environmental review,
        preliminary engineering and design work, and other preconstruction
        activities; and
            ``(2) construction, reconstruction, rehabilitation, acquisition
        of real property (including land related to the project and
        improvements to the land), environmental mitigation, construction
        contingencies, acquisition of equipment, and operational
        improvements.
        ``(g) Project Requirements.--The Secretary may provide a grant
    under the program to an eligible project only if the Secretary
    determines that the project--
            ``(1) will generate regional economic, mobility, or safety
        benefits;
            ``(2) will be cost effective;
            ``(3) will contribute to the accomplishment of 1 or more of the
        national goals under section 150;
            ``(4) is based on the results of preliminary engineering; and
            ``(5) is reasonably expected to begin construction not later
        than 18 months after the date of obligation of funds for the
        project.
        ``(h) Additional Considerations.--In providing grants under the
    program, the Secretary shall consider the extent to which an eligible
    project will--
            ``(1) improve the state of good repair of existing highway,
        bridge, and tunnel facilities;
            ``(2) increase the capacity or connectivity of the surface
        transportation system and improve mobility for residents of rural
        areas;
            ``(3) address economic development and job creation challenges,
        including energy sector job losses in energy communities as
        identified in the report released in April 2021 by the interagency
        working group established by section 218 of Executive Order 14008
        (86 Fed. Reg. 7628 (February 1, 2021));
            ``(4) enhance recreational and tourism opportunities by
        providing access to Federal land, national parks, national forests,
        national recreation areas, national wildlife refuges, wilderness
        areas, or State parks;
            ``(5) contribute to geographic diversity among grant
        recipients;
            ``(6) utilize innovative project delivery approaches or
        incorporate transportation technologies;
            ``(7) coordinate with projects to address broadband
        infrastructure needs; or
            ``(8) improve access to emergency care, essential services,
        healthcare providers, or drug and alcohol treatment and
        rehabilitation resources.
        ``(i) Grant Amount.--Except as provided in subsection (k)(1), a
    grant under the program shall be in an amount that is not less than
    $25,000,000.
        ``(j) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Federal share of the cost of a project carried out with a grant
        under the program may not exceed 80 percent.
            ``(2) Federal share for certain projects.--The Federal share of
        the cost of an eligible project that furthers the completion of a
        designated segment of the Appalachian Development Highway System
        under section 14501 of title 40, or addresses a surface
        transportation infrastructure need identified for the Denali access
        system program under section 309 of the Denali Commission Act of
        1998 (42 U.S.C. 3121 note; Public Law 105-277) shall be up to 100
        percent, as determined by the State.
            ``(3) Use of other federal assistance.--Federal assistance
        other than a grant under the program may be used to satisfy the
        non-Federal share of the cost of a project carried out with a grant
        under the program.
        ``(k) Set Asides.--
            ``(1) Small projects.--The Secretary shall use not more than 10
        percent of the amounts made available for the program for each
        fiscal year to provide grants for eligible projects in an amount
        that is less than $25,000,000.
            ``(2) Appalachian development highway system.--The Secretary
        shall reserve 25 percent of the amounts made available for the
        program for each fiscal year for eligible projects that further the
        completion of designated routes of the Appalachian Development
        Highway System under section 14501 of title 40.
            ``(3) Rural roadway lane departures.--The Secretary shall
        reserve 15 percent of the amounts made available for the program
        for each fiscal year to provide grants for eligible projects
        located in States that have rural roadway fatalities as a result of
        lane departures that are greater than the average of rural roadway
        fatalities as a result of lane departures in the United States,
        based on the latest available data from the Secretary.
            ``(4) Excess funding.--In any fiscal year in which qualified
        applications for grants under this subsection do not allow for the
        amounts reserved under paragraphs (1), (2), or (3) to be fully
        utilized, the Secretary shall use the unutilized amounts to make
        other grants under the program.
        ``(l) Congressional Review.--
            ``(1) Notification.--Not less than 60 days before providing a
        grant under the program, the Secretary shall submit to the
        Committee on Environment and Public Works of the Senate and the
        Committee on Transportation and Infrastructure of the House of
        Representatives--
                ``(A) a list of all applications determined to be eligible
            for a grant by the Secretary;
                ``(B) each application proposed to be selected for a grant,
            including a justification for the selection; and
                ``(C) proposed grant amounts.
            ``(2) Committee review.--Before the last day of the 60-day
        period described in paragraph (1), each Committee described in
        paragraph (1) shall review the list of proposed projects submitted
        by the Secretary.
            ``(3) Congressional disapproval.--The Secretary may not make a
        grant or any other obligation or commitment to fund a project under
        the program if a joint resolution is enacted disapproving funding
        for the project before the last day of the 60-day period described
        in paragraph (1).
        ``(m) Transparency.--
            ``(1) In general.--Not later than 30 days after providing a
        grant for a project under the program, the Secretary shall provide
        to all applicants, and publish on the website of the Department of
        Transportation, the information described in subsection (l)(1).
            ``(2) Briefing.--The Secretary shall provide, on the request of
        an eligible entity, the opportunity to receive a briefing to
        explain any reasons the eligible entity was not selected to receive
        a grant under the program.
        ``(n) Reports.--
            ``(1) Annual report.--The Secretary shall make available on the
        website of the Department of Transportation at the end of each
        fiscal year an annual report that lists each project for which a
        grant has been provided under the program during that fiscal year.
            ``(2) Comptroller general.--
                ``(A) Assessment.--The Comptroller General of the United
            States shall conduct an assessment of the administrative
            establishment, solicitation, selection, and justification
            process with respect to the awarding of grants under the
            program for each fiscal year.
                ``(B) Report.--Each fiscal year, the Comptroller General
            shall submit to the Committee on Environment and Public Works
            of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives a report that
            describes, for the fiscal year--
                    ``(i) the adequacy and fairness of the process by which
                each project was selected, if applicable; and
                    ``(ii) the justification and criteria used for the
                selection of each project, if applicable.
        ``(o) Treatment of Projects.--Notwithstanding any other provision
    of law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under this chapter.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 11123(c)(2)), is amended by
    inserting after the item relating to section 172 the following:
    ``173. Rural surface transportation grant program.''.
    SEC. 11133. BICYCLE TRANSPORTATION AND PEDESTRIAN WALKWAYS.
        Section 217 of title 23, United States Code, is amended--
            (1) in subsection (a)--
                (A) by striking ``pedestrian walkways and bicycle'' and
            inserting ``pedestrian walkways and bicycle and shared
            micromobility''; and
                (B) by striking ``safe bicycle use'' and inserting ``safe
            access for bicyclists and pedestrians'';
            (2) in subsection (d), by striking ``a position'' and inserting
        ``up to 2 positions'';
            (3) in subsection (e), by striking ``bicycles'' each place it
        appears and inserting ``pedestrians or bicyclists'';
            (4) in subsection (f), by striking ``and a bicycle'' and
        inserting ``or a bicycle or shared micromobility''; and
            (5) in subsection (j), by striking paragraph (2) and inserting
        the following:
            ``(2) Electric bicycle.--
                ``(A) In general.--The term `electric bicycle' means a
            bicycle--
                    ``(i) equipped with fully operable pedals, a saddle or
                seat for the rider, and an electric motor of less than 750
                watts;
                    ``(ii) that can safely share a bicycle transportation
                facility with other users of such facility; and
                    ``(iii) that is a class 1 electric bicycle, class 2
                electric bicycle, or class 3 electric bicycle.
                ``(B) Classes of electric bicycles.--
                    ``(i) Class 1 electric bicycle.--For purposes of
                subparagraph (A)(iii), the term `class 1 electric bicycle'
                means an electric bicycle, other than a class 3 electric
                bicycle, equipped with a motor that--

                        ``(I) provides assistance only when the rider is
                    pedaling; and
                        ``(II) ceases to provide assistance when the speed
                    of the bicycle reaches or exceeds 20 miles per hour.

                    ``(ii) Class 2 electric bicycle.--For purposes of
                subparagraph (A)(iii), the term `class 2 electric bicycle'
                means an electric bicycle equipped with a motor that--

                        ``(I) may be used exclusively to propel the
                    bicycle; and
                        ``(II) is not capable of providing assistance when
                    the speed of the bicycle reaches or exceeds 20 miles
                    per hour.

                    ``(iii) Class 3 electric bicycle.--For purposes of
                subparagraph (A)(iii), the term `class 3 electric bicycle'
                means an electric bicycle equipped with a motor that--

                        ``(I) provides assistance only when the rider is
                    pedaling; and
                        ``(II) ceases to provide assistance when the speed
                    of the bicycle reaches or exceeds 28 miles per hour.''.

    SEC. 11134. RECREATIONAL TRAILS PROGRAM.
        Section 206 of title 23, United States Code, is amended by adding
    at the end the following:
        ``(j) Use of Other Apportioned Funds.--Funds apportioned to a State
    under section 104(b) that are obligated for a recreational trail or a
    related project shall be administered as if the funds were made
    available to carry out this section.''.
    SEC. 11135. UPDATES TO MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES.
        In carrying out the first update to the Manual on Uniform Traffic
    Control Devices under section 109(d)(2) of title 23, United States
    Code, to the greatest extent practicable, the Secretary shall include
    updates necessary to provide for--
            (1) the protection of vulnerable road users (as defined in
        section 148(a) of title 23, United States Code);
            (2) supporting the safe testing of automated vehicle technology
        and any preparation necessary for the safe integration of automated
        vehicles onto public streets;
            (3) appropriate use of variable message signs to enhance public
        safety;
            (4) the minimum retroreflectivity of traffic control devices
        and pavement markings; and
            (5) any additional recommendations made by the National
        Committee on Uniform Traffic Control Devices that have not been
        incorporated into the Manual on Uniform Traffic Control Devices.

                Subtitle B--Planning and Performance Management

    SEC. 11201. TRANSPORTATION PLANNING.
        (a) Metropolitan Transportation Planning.--Section 134 of title 23,
    United States Code, is amended--
            (1) in subsection (d)--
                (A) in paragraph (3), by adding at the end the following:
                ``(D) Considerations.--In designating officials or
            representatives under paragraph (2) for the first time, subject
            to the bylaws or enabling statute of the metropolitan planning
            organization, the metropolitan planning organization shall
            consider the equitable and proportional representation of the
            population of the metropolitan planning area.''; and
                (B) in paragraph (7)--
                    (i) by striking ``an existing metropolitan planning
                area'' and inserting ``an existing urbanized area (as
                defined by the Bureau of the Census)''; and
                    (ii) by striking ``the existing metropolitan planning
                area'' and inserting ``the area'';
            (2) in subsection (g)--
                (A) in paragraph (1), by striking ``a metropolitan area''
            and inserting ``an urbanized area (as defined by the Bureau of
            the Census)''; and
                (B) by adding at the end the following:
            ``(4) Coordination between MPOs.--If more than 1 metropolitan
        planning organization is designated within an urbanized area (as
        defined by the Bureau of the Census) under subsection (d)(7), the
        metropolitan planning organizations designated within the area
        shall ensure, to the maximum extent practicable, the consistency of
        any data used in the planning process, including information used
        in forecasting travel demand.
            ``(5) Savings clause.--Nothing in this subsection requires
        metropolitan planning organizations designated within a single
        urbanized area to jointly develop planning documents, including a
        unified long-range transportation plan or unified TIP.'';
            (3) in subsection (i)(6), by adding at the end the following:
                ``(D) Use of technology.--A metropolitan planning
            organization may use social media and other web-based tools--
                    ``(i) to further encourage public participation; and
                    ``(ii) to solicit public feedback during the
                transportation planning process.''; and
            (4) in subsection (p), by striking ``paragraphs (5)(D) and (6)
        of section 104(b) of this title'' and inserting ``section
        104(b)(6)''.
        (b) Statewide and Nonmetropolitan Transportation Planning.--Section
    135(f)(3) of title 23, United States Code, is amended by adding at the
    end the following:
                ``(C) Use of technology.--A State may use social media and
            other web-based tools--
                    ``(i) to further encourage public participation; and
                    ``(ii) to solicit public feedback during the
                transportation planning process.''.
        (c) Conforming Amendment.--Section 135(i) of title 23, United
    States Code, is amended by striking ``paragraphs (5)(D) and (6) of
    section 104(b) of this title'' and inserting ``section 104(b)(6)''.
        (d) Housing Coordination.--Section 134 of title 23, United States
    Code, is amended--
            (1) in subsection (a)(1), by inserting ``better connect housing
        and employment,'' after ``urbanized areas'';
            (2) in subsection (g)(3)(A), by inserting ``housing,'' after
        ``economic development,'';
            (3) in subsection (h)(1)(E), by inserting ``, housing,'' after
        ``growth'';
            (4) in subsection (i)--
                (A) in paragraph (4)(B)--
                    (i) by redesignating clauses (iii) through (vi) as
                clauses (iv) through (vii), respectively; and
                    (ii) by inserting after clause (ii) the following:
                    ``(iii) assumed distribution of population and
                housing;''; and
                (B) in paragraph (6)(A), by inserting ``affordable housing
            organizations,'' after ``disabled,''; and
            (5) in subsection (k)--
                (A) by redesignating paragraphs (4) and (5) as paragraphs
            (5) and (6), respectively; and
                (B) by inserting after paragraph (3) the following:
            ``(4) Housing coordination process.--
                ``(A) In general.--Within a metropolitan planning area
            serving a transportation management area, the transportation
            planning process under this section may address the integration
            of housing, transportation, and economic development strategies
            through a process that provides for effective integration,
            based on a cooperatively developed and implemented strategy, of
            new and existing transportation facilities eligible for funding
            under this title and chapter 53 of title 49.
                ``(B) Coordination in integrated planning process.--In
            carrying out the process described in subparagraph (A), a
            metropolitan planning organization may--
                    ``(i) consult with--

                        ``(I) State and local entities responsible for land
                    use, economic development, housing, management of road
                    networks, or public transportation; and
                        ``(II) other appropriate public or private
                    entities; and

                    ``(ii) coordinate, to the extent practicable, with
                applicable State and local entities to align the goals of
                the process with the goals of any comprehensive housing
                affordability strategies established within the
                metropolitan planning area pursuant to section 105 of the
                Cranston-Gonzalez National Affordable Housing Act (42
                U.S.C. 12705) and plans developed under section 5A of the
                United States Housing Act of 1937 (42 U.S.C. 1437c-1).
                ``(C) Housing coordination plan.--
                    ``(i) In general.--A metropolitan planning organization
                serving a transportation management area may develop a
                housing coordination plan that includes projects and
                strategies that may be considered in the metropolitan
                transportation plan of the metropolitan planning
                organization.
                    ``(ii) Contents.--A plan described in clause (i) may--

                        ``(I) develop regional goals for the integration of
                    housing, transportation, and economic development
                    strategies to--

                            ``(aa) better connect housing and employment
                        while mitigating commuting times;
                            ``(bb) align transportation improvements with
                        housing needs, such as housing supply shortages,
                        and proposed housing development;
                            ``(cc) align planning for housing and
                        transportation to address needs in relationship to
                        household incomes within the metropolitan planning
                        area;
                            ``(dd) expand housing and economic development
                        within the catchment areas of existing
                        transportation facilities and public transportation
                        services when appropriate, including higher-density
                        development, as locally determined;
                            ``(ee) manage effects of growth of vehicle
                        miles traveled experienced in the metropolitan
                        planning area related to housing development and
                        economic development;
                            ``(ff) increase share of households with
                        sufficient and affordable access to the
                        transportation networks of the metropolitan
                        planning area;

                        ``(II) identify the location of existing and
                    planned housing and employment, and transportation
                    options that connect housing and employment; and
                        ``(III) include a comparison of transportation
                    plans to land use management plans, including zoning
                    plans, that may affect road use, public transportation
                    ridership, and housing development.''.

    SEC. 11202. FISCAL CONSTRAINT ON LONG-RANGE TRANSPORTATION PLANS.
        Not later than 1 year after the date of enactment of this Act, the
    Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of
    Federal Regulations, to ensure that the outer years of a metropolitan
    transportation plan are defined as ``beyond the first 4 years''.
    SEC. 11203. STATE HUMAN CAPITAL PLANS.
        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 11132(a)), is amended by adding at the end the
    following:
    ``Sec. 174. State human capital plans
        ``(a) In General.--Not later than 18 months after the date of
    enactment of this section, the Secretary shall encourage each State to
    develop a voluntary plan, to be known as a `human capital plan', that
    provides for the immediate and long-term personnel and workforce needs
    of the State with respect to the capacity of the State to deliver
    transportation and public infrastructure eligible under this title.
        ``(b) Plan Contents.--
            ``(1) In general.--A human capital plan developed by a State
        under subsection (a) shall, to the maximum extent practicable, take
        into consideration--
                ``(A) significant transportation workforce trends, needs,
            issues, and challenges with respect to the State;
                ``(B) the human capital policies, strategies, and
            performance measures that will guide the transportation-related
            workforce investment decisions of the State;
                ``(C) coordination with educational institutions, industry,
            organized labor, workforce boards, and other agencies or
            organizations to address the human capital transportation needs
            of the State;
                ``(D) a workforce planning strategy that identifies current
            and future human capital needs, including the knowledge,
            skills, and abilities needed to recruit and retain skilled
            workers in the transportation industry;
                ``(E) a human capital management strategy that is aligned
            with the transportation mission, goals, and organizational
            objectives of the State;
                ``(F) an implementation system for workforce goals focused
            on addressing continuity of leadership and knowledge sharing
            across the State;
                ``(G) an implementation system that addresses workforce
            competency gaps, particularly in mission-critical occupations;
                ``(H) in the case of public-private partnerships or other
            alternative project delivery methods to carry out the
            transportation program of the State, a description of workforce
            needs--
                    ``(i) to ensure that the transportation mission, goals,
                and organizational objectives of the State are fully
                carried out; and
                    ``(ii) to ensure that procurement methods provide the
                best public value;
                ``(I) a system for analyzing and evaluating the performance
            of the State department of transportation with respect to all
            aspects of human capital management policies, programs, and
            activities; and
                ``(J) the manner in which the plan will improve the ability
            of the State to meet the national policy in support of
            performance management established under section 150.
            ``(2) Planning period.--If a State develops a human capital
        plan under subsection (a), the plan shall address a 5-year forecast
        period.
        ``(c) Plan Updates.--If a State develops a human capital plan under
    subsection (a), the State shall update the plan not less frequently
    than once every 5 years.
        ``(d) Relationship to Long-range Plan.--
            ``(1) In general.--Subject to paragraph (2), a human capital
        plan developed by a State under subsection (a) may be developed
        separately from, or incorporated into, the long-range statewide
        transportation plan required under section 135.
            ``(2) Effect of section.--Nothing in this section requires a
        State, or authorizes the Secretary to require a State, to
        incorporate a human capital plan into the long-range statewide
        transportation plan required under section 135.
        ``(e) Public Availability.--Each State that develops a human
    capital plan under subsection (a) shall make a copy of the plan
    available to the public in a user-friendly format on the website of the
    State department of transportation.
        ``(f) Savings Provision.--Nothing in this section prevents a State
    from carrying out transportation workforce planning--
            ``(1) not described in this section; or
            ``(2) not in accordance with this section.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 11132(b)), is amended by
    inserting after the item relating to section 173 the following:
    ``174. State human capital plans.''.
    SEC. 11204. PRIORITIZATION PROCESS PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means any of
        the following:
                (A) A metropolitan planning organization that serves an
            area with a population of over 200,000.
                (B) A State.
            (2) Metropolitan planning organization.--The term
        ``metropolitan planning organization'' has the meaning given the
        term in section 134(b) of title 23, United States Code.
            (3) Prioritization process pilot program.--The term
        ``prioritization process pilot program'' means the pilot program
        established under subsection (b)(1).
        (b) Establishment.--
            (1) In general.--The Secretary shall establish and solicit
        applications for a prioritization process pilot program.
            (2) Purpose.--The purpose of the prioritization process pilot
        program shall be to support data-driven approaches to planning
        that, on completion, can be evaluated for public benefit.
        (c) Pilot Program Administration.--
            (1) In general.--An eligible entity participating in the
        prioritization process pilot program shall--
                (A) use priority objectives that are developed--
                    (i) in the case of an urbanized area with a population
                of over 200,000, by the metropolitan planning organization
                that serves the area, in consultation with the State;
                    (ii) in the case of an urbanized area with a population
                of 200,000 or fewer, by the State in consultation with all
                metropolitan planning organizations in the State; and
                    (iii) through a public process that provides an
                opportunity for public input;
                (B) assess and score projects and strategies on the basis
            of--
                    (i) the contribution and benefits of the project or
                strategy to each priority objective developed under
                subparagraph (A);
                    (ii) the cost of the project or strategy relative to
                the contribution and benefits assessed and scored under
                clause (i); and
                    (iii) public support;
                (C) use the scores assigned under subparagraph (B) to guide
            project selection in the development of the transportation plan
            and transportation improvement program; and
                (D) ensure that the public--
                    (i) has opportunities to provide public comment on
                projects before decisions are made on the transportation
                plan and the transportation improvement program; and
                    (ii) has access to clear reasons why each project or
                strategy was selected or not selected.
            (2) Requirements.--An eligible entity that receives a grant
        under the prioritization process pilot program shall use the funds
        as described in each of the following, as applicable:
                (A) Metropolitan transportation planning.--In the case of a
            metropolitan planning organization that serves an area with a
            population of over 200,000, the entity shall--
                    (i) develop and implement a publicly accessible,
                transparent prioritization process for the selection of
                projects for inclusion on the transportation plan for the
                metropolitan planning area under section 134(i) of title
                23, United States Code, and section 5303(i) of title 49,
                United States Code, which shall--

                        (I) include criteria identified by the metropolitan
                    planning organization, which may be weighted to reflect
                    the priority objectives developed under paragraph
                    (1)(A), that the metropolitan planning organization has
                    determined support--

                            (aa) factors described in section 134(h) of
                        title 23, United States Code, and section 5303(h)
                        of title 49, United States Code;
                            (bb) targets for national performance measures
                        under section 150(b) of title 23, United States
                        Code;
                            (cc) applicable transportation goals in the
                        metropolitan planning area or State set by the
                        applicable transportation agency; and
                            (dd) priority objectives developed under
                        paragraph (1)(A);

                        (II) evaluate the outcomes for each proposed
                    project on the basis of the benefits of the proposed
                    project with respect to each of the criteria described
                    in subclause (I) relative to the cost of the proposed
                    project; and
                        (III) use the evaluation under subclause (II) to
                    create a ranked list of proposed projects; and

                    (ii) with respect to the priority list under section
                134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title
                49, United States Code, include projects according to the
                rank of the project under clause (i)(III), except as
                provided in subparagraph (D).
                (B) Statewide transportation planning.--In the case of a
            State, the State shall--
                    (i) develop and implement a publicly accessible,
                transparent process for the selection of projects for
                inclusion on the long-range statewide transportation plan
                under section 135(f) of title 23, United States Code, which
                shall--

                        (I) include criteria identified by the State, which
                    may be weighted to reflect statewide priorities, that
                    the State has determined support--

                            (aa) factors described in section 135(d) of
                        title 23, United States Code, and section 5304(d)
                        of title 49, United States Code;
                            (bb) national transportation goals under
                        section 150(b) of title 23, United States Code;
                            (cc) applicable transportation goals in the
                        State; and
                            (dd) the priority objectives developed under
                        paragraph (1)(A);

                        (II) evaluate the outcomes for each proposed
                    project on the basis of the benefits of the proposed
                    project with respect to each of the criteria described
                    in subclause (I) relative to the cost of the proposed
                    project; and
                        (III) use the evaluation under subclause (II) to
                    create a ranked list of proposed projects; and

                    (ii) with respect to the statewide transportation
                improvement program under section 135(g) of title 23,
                United States Code, and section 5304(g) of title 49, United
                States Code, include projects according to the rank of the
                project under clause (i)(III), except as provided in
                subparagraph (D).
                (C) Additional transportation planning.--If the eligible
            entity has implemented, and has in effect, the requirements
            under subparagraph (A) or (B), as applicable, the eligible
            entity may use any remaining funds from a grant provided under
            the pilot program for any transportation planning purpose.
                (D) Exceptions to priority ranking.--In the case of any
            project that the eligible entity chooses to include or not
            include in the transportation improvement program under section
            134(j) of title 23, United States Code, or the statewide
            transportation improvement program under section 135(g) of
            title 23, United States Code, as applicable, in a manner that
            is contrary to the priority ranking for that project
            established under subparagraph (A)(i)(III) or (B)(i)(III), the
            eligible entity shall make publicly available an explanation
            for the decision, including--
                    (i) a review of public comments regarding the project;
                    (ii) an evaluation of public support for the project;
                    (iii) an assessment of geographic balance of projects
                of the eligible entity; and
                    (iv) the number of projects of the eligible entity in
                economically distressed areas.
            (3) Maximum amount.--The maximum amount of a grant under the
        prioritization process pilot program is $2,000,000.
        (d) Applications.--To be eligible to participate in the
    prioritization process pilot program, an eligible entity shall submit
    to the Secretary an application at such time, in such manner, and
    containing such information as the Secretary may require.
    SEC. 11205. TRAVEL DEMAND DATA AND MODELING.
        (a) Definition of Metropolitan Planning Organization.--In this
    section, the term ``metropolitan planning organization'' has the
    meaning given the term in section 134(b) of title 23, United States
    Code.
        (b) Study.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, and not less frequently than once every 5
        years thereafter, the Secretary shall carry out a study that--
                (A) gathers travel data and travel demand forecasts from a
            representative sample of States and metropolitan planning
            organizations;
                (B) uses the data and forecasts gathered under subparagraph
            (A) to compare travel demand forecasts with the observed data,
            including--
                    (i) traffic counts;
                    (ii) travel mode share and public transit ridership;
                and
                    (iii) vehicle occupancy measures; and
                (C) uses the information described in subparagraphs (A) and
            (B)--
                    (i) to develop best practices or guidance for States
                and metropolitan planning organizations to use in
                forecasting travel demand for future investments in
                transportation improvements;
                    (ii) to evaluate the impact of transportation
                investments, including new roadway capacity, on travel
                behavior and travel demand, including public transportation
                ridership, induced highway travel, and congestion;
                    (iii) to support more accurate travel demand
                forecasting by States and metropolitan planning
                organizations; and
                    (iv) to enhance the capacity of States and metropolitan
                planning organizations--

                        (I) to forecast travel demand; and
                        (II) to track observed travel behavior responses,
                    including induced travel, to changes in transportation
                    capacity, pricing, and land use patterns.

            (2) Secretarial support.--The Secretary shall seek
        opportunities to support the transportation planning processes
        under sections 134 and 135 of title 23, United States Code, through
        the provision of data to States and metropolitan planning
        organizations to improve the quality of plans, models, and
        forecasts described in this subsection.
            (3) Evaluation tool.--The Secretary shall develop a publicly
        available multimodal web-based tool for the purpose of enabling
        States and metropolitan planning organizations to evaluate the
        effect of investments in highway and public transportation projects
        on the use and conditions of all transportation assets within the
        State or area served by the metropolitan planning organization, as
        applicable.
    SEC. 11206. INCREASING SAFE AND ACCESSIBLE TRANSPORTATION OPTIONS.
        (a) Definition of Complete Streets Standards or Policies.--In this
    section, the term ``Complete Streets standards or policies'' means
    standards or policies that ensure the safe and adequate accommodation
    of all users of the transportation system, including pedestrians,
    bicyclists, public transportation users, children, older individuals,
    individuals with disabilities, motorists, and freight vehicles.
        (b) Funding Requirement.--Notwithstanding any other provision of
    law, each State and metropolitan planning organization shall use to
    carry out 1 or more activities described in subsection (c)--
            (1) in the case of a State, not less than 2.5 percent of the
        amounts made available to the State to carry out section 505 of
        title 23, United States Code; and
            (2) in the case of a metropolitan planning organization, not
        less than 2.5 percent of the amounts made available to the
        metropolitan planning organization under section 104(d) of title
        23, United States Code.
        (c) Activities Described.--An activity referred to in subsection
    (b) is an activity to increase safe and accessible options for multiple
    travel modes for people of all ages and abilities, which, if
    permissible under applicable State and local laws, may include--
            (1) adoption of Complete Streets standards or policies;
            (2) development of a Complete Streets prioritization plan that
        identifies a specific list of Complete Streets projects to improve
        the safety, mobility, or accessibility of a street;
            (3) development of transportation plans--
                (A) to create a network of active transportation
            facilities, including sidewalks, bikeways, or pedestrian and
            bicycle trails, to connect neighborhoods with destinations such
            as workplaces, schools, residences, businesses, recreation
            areas, healthcare and child care services, or other community
            activity centers;
                (B) to integrate active transportation facilities with
            public transportation service or improve access to public
            transportation;
                (C) to create multiuse active transportation infrastructure
            facilities, including bikeways or pedestrian and bicycle
            trails, that make connections within or between communities;
                (D) to increase public transportation ridership; and
                (E) to improve the safety of bicyclists and pedestrians;
            (4) regional and megaregional planning to address travel demand
        and capacity constraints through alternatives to new highway
        capacity, including through intercity passenger rail; and
            (5) development of transportation plans and policies that
        support transit-oriented development.
        (d) Federal Share.--The Federal share of the cost of an activity
    carried out under this section shall be 80 percent, unless the
    Secretary determines that the interests of the Federal-aid highway
    program would be best served by decreasing or eliminating the non-
    Federal share.
        (e) State Flexibility.--A State or metropolitan planning
    organization, with the approval of the Secretary, may opt out of the
    requirements of this section if the State or metropolitan planning
    organization demonstrates to the Secretary, by not later than 30 days
    before the Secretary apportions funds for a fiscal year under section
    104, that the State or metropolitan planning organization--
            (1) has Complete Streets standards and policies in place; and
            (2) has developed an up-to-date Complete Streets prioritization
        plan as described in subsection (c)(2).

              Subtitle C--Project Delivery and Process Improvement

    SEC. 11301. CODIFICATION OF ONE FEDERAL DECISION.
        (a) In General.--Section 139 of title 23, United States Code, is
    amended--
            (1) in the section heading, by striking ``decisionmaking'' and
        inserting ``decisionmaking and One Federal Decision'';
            (2) in subsection (a)--
                (A) by redesignating paragraphs (2) through (8) as
            paragraphs (4), (5), (6), (8), (9), (10), and (11),
            respectively;
                (B) by inserting after paragraph (1) the following:
            ``(2) Authorization.--The term `authorization' means any
        environmental license, permit, approval, finding, or other
        administrative decision related to the environmental review process
        that is required under Federal law to site, construct, or
        reconstruct a project.
            ``(3) Environmental document.--The term `environmental
        document' includes an environmental assessment, finding of no
        significant impact, notice of intent, environmental impact
        statement, or record of decision under the National Environmental
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).'';
                (C) in subparagraph (B) of paragraph (5) (as so
            redesignated), by striking ``process for and completion of any
            environmental permit'' and inserting ``process and schedule,
            including a timetable for and completion of any environmental
            permit''; and
                (D) by inserting after paragraph (6) (as so redesignated)
            the following:
            ``(7) Major project.--
                ``(A) In general.--The term `major project' means a project
            for which--
                    ``(i) multiple permits, approvals, reviews, or studies
                are required under a Federal law other than the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                    ``(ii) the project sponsor has identified the
                reasonable availability of funds sufficient to complete the
                project;
                    ``(iii) the project is not a covered project (as
                defined in section 41001 of the FAST Act (42 U.S.C.
                4370m)); and
                    ``(iv)(I) the head of the lead agency has determined
                that an environmental impact statement is required; or
                    ``(II) the head of the lead agency has determined that
                an environmental assessment is required, and the project
                sponsor requests that the project be treated as a major
                project.
                ``(B) Clarification.--In this section, the term `major
            project' does not have the same meaning as the term `major
            project' as described in section 106(h).'';
            (3) in subsection (b)(1)--
                (A) by inserting ``, including major projects,'' after
            ``all projects''; and
                (B) by inserting ``as requested by a project sponsor and''
            after ``applied,'';
            (4) in subsection (c)--
                (A) in paragraph (6)--
                    (i) in subparagraph (B), by striking ``and'' at the
                end;
                    (ii) in subparagraph (C), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by adding at the end the following:
                ``(D) to calculate annually the average time taken by the
            lead agency to complete all environmental documents for each
            project during the previous fiscal year.''; and
                (B) by adding at the end the following:
            ``(7) Process improvements for projects.--
                ``(A) In general.--The Secretary shall review--
                    ``(i) existing practices, procedures, rules,
                regulations, and applicable laws to identify impediments to
                meeting the requirements applicable to projects under this
                section; and
                    ``(ii) best practices, programmatic agreements, and
                potential changes to internal departmental procedures that
                would facilitate an efficient environmental review process
                for projects.
                ``(B) Consultation.--In conducting the review under
            subparagraph (A), the Secretary shall consult, as appropriate,
            with the heads of other Federal agencies that participate in
            the environmental review process.
                ``(C) Report.--Not later than 2 years after the date of
            enactment of the Surface Transportation Reauthorization Act of
            2021, the Secretary shall submit to the Committee on
            Environment and Public Works of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a report that includes--
                    ``(i) the results of the review under subparagraph (A);
                and
                    ``(ii) an analysis of whether additional funding would
                help the Secretary meet the requirements applicable to
                projects under this section.'';
            (5) in subsection (d)--
                (A) in paragraph (8)--
                    (i) in the paragraph heading, by striking ``NEPA'' and
                inserting ``environmental'';
                    (ii) in subparagraph (A)--

                        (I) by inserting ``and except as provided in
                    subparagraph (D)'' after ``paragraph (7)'';
                        (II) by striking ``permits'' and inserting
                    ``authorizations''; and
                        (III) by striking ``single environment document''
                    and inserting ``single environmental document for each
                    kind of environmental document'';

                    (iii) in subparagraph (B)(i)--

                        (I) by striking ``an environmental document'' and
                    inserting ``environmental documents''; and
                        (II) by striking ``permits issued'' and inserting
                    ``authorizations''; and

                    (iv) by adding at the end the following:
                ``(D) Exceptions.--The lead agency may waive the
            application of subparagraph (A) with respect to a project if--
                    ``(i) the project sponsor requests that agencies issue
                separate environmental documents;
                    ``(ii) the obligations of a cooperating agency or
                participating agency under the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) have already
                been satisfied with respect to the project; or
                    ``(iii) the lead agency determines that reliance on a
                single environmental document (as described in subparagraph
                (A)) would not facilitate timely completion of the
                environmental review process for the project.''; and
                (B) by adding at the end the following:
            ``(10) Timely authorizations for major projects.--
                ``(A) Deadline.--Except as provided in subparagraph (C),
            all authorization decisions necessary for the construction of a
            major project shall be completed by not later than 90 days
            after the date of the issuance of a record of decision for the
            major project.
                ``(B) Detail.--The final environmental impact statement for
            a major project shall include an adequate level of detail to
            inform decisions necessary for the role of the participating
            agencies and cooperating agencies in the environmental review
            process.
                ``(C) Extension of deadline.--The head of the lead agency
            may extend the deadline under subparagraph (A) if--
                    ``(i) Federal law prohibits the lead agency or another
                agency from issuing an approval or permit within the period
                described in that subparagraph;
                    ``(ii) the project sponsor requests that the permit or
                approval follow a different timeline; or
                    ``(iii) an extension would facilitate completion of the
                environmental review and authorization process of the major
                project.'';
            (6) in subsection (g)(1)--
                (A) in subparagraph (B)--
                    (i) in clause (ii)(IV), by striking ``schedule for and
                cost of'' and inserting ``time required by an agency to
                conduct an environmental review and make decisions under
                applicable Federal law relating to a project (including the
                issuance or denial of a permit or license) and the cost
                of''; and
                    (ii) by adding at the end the following:
                    ``(iii) Major project schedule.--To the maximum extent
                practicable and consistent with applicable Federal law, in
                the case of a major project, the lead agency shall develop,
                in concurrence with the project sponsor, a schedule for the
                major project that is consistent with an agency average of
                not more than 2 years for the completion of the
                environmental review process for major projects, as
                measured from, as applicable--

                        ``(I) the date of publication of a notice of intent
                    to prepare an environmental impact statement to the
                    record of decision; or
                        ``(II) the date on which the head of the lead
                    agency determines that an environmental assessment is
                    required to a finding of no significant impact.'';

                (B) by striking subparagraph (D) and inserting the
            following:
                ``(D) Modification.--
                    ``(i) In general.--Except as provided in clause (ii),
                the lead agency may lengthen or shorten a schedule
                established under subparagraph (B) for good cause.
                    ``(ii) Exceptions.--

                        ``(I) Major projects.--In the case of a major
                    project, the lead agency may lengthen a schedule under
                    clause (i) for a cooperating Federal agency by not more
                    than 1 year after the latest deadline established for
                    the major project by the lead agency.
                        ``(II) Shortened schedules.--The lead agency may
                    not shorten a schedule under clause (i) if doing so
                    would impair the ability of a cooperating Federal
                    agency to conduct necessary analyses or otherwise carry
                    out relevant obligations of the Federal agency for the
                    project.'';

                (C) by redesignating subparagraph (E) as subparagraph (F);
            and
                (D) by inserting after subparagraph (D) the following:
                ``(E) Failure to meet deadline.--If a cooperating Federal
            agency fails to meet a deadline established under subparagraph
            (D)(ii)(I)--
                    ``(i) the cooperating Federal agency shall submit to
                the Secretary a report that describes the reasons why the
                deadline was not met; and
                    ``(ii) the Secretary shall--

                        ``(I) transmit to the Committee on Environment and
                    Public Works of the Senate and the Committee on
                    Transportation and Infrastructure of the House of
                    Representatives a copy of the report under clause (i);
                    and
                        ``(II) make the report under clause (i) publicly
                    available on the internet.'';

            (7) in subsection (n), by adding at the end the following:
            ``(3) Length of environmental document.--
                ``(A) In general.--Notwithstanding any other provision of
            law and except as provided in subparagraph (B), to the maximum
            extent practicable, the text of the items described in
            paragraphs (4) through (6) of section 1502.10(a) of title 40,
            Code of Federal Regulations (or successor regulations), of an
            environmental impact statement for a project shall be 200 pages
            or fewer.
                ``(B) Exemption.--An environmental impact statement for a
            project may exceed 200 pages, if the lead agency establishes a
            new page limit for the environmental impact statement for that
            project.''; and
            (8) by adding at the end the following:
        ``(p) Accountability and Reporting for Major Projects.--
            ``(1) In general.--The Secretary shall establish a performance
        accountability system to track each major project.
            ``(2) Requirements.--The performance accountability system
        under paragraph (1) shall, for each major project, track, at a
        minimum--
                ``(A) the environmental review process for the major
            project, including the project schedule;
                ``(B) whether the lead agency, cooperating agencies, and
            participating agencies are meeting the schedule established for
            the environmental review process; and
                ``(C) the time taken to complete the environmental review
            process.
        ``(q) Development of Categorical Exclusions.--
            ``(1) In general.--Not later than 60 days after the date of
        enactment of this subsection, and every 4 years thereafter, the
        Secretary shall--
                ``(A) in consultation with the agencies described in
            paragraph (2), identify the categorical exclusions described in
            section 771.117 of title 23, Code of Federal Regulations (or
            successor regulations), that would accelerate delivery of a
            project if those categorical exclusions were available to those
            agencies;
                ``(B) collect existing documentation and substantiating
            information on the categorical exclusions described in
            subparagraph (A); and
                ``(C) provide to each agency described in paragraph (2)--
                    ``(i) a list of the categorical exclusions identified
                under subparagraph (A); and
                    ``(ii) the documentation and substantiating information
                under subparagraph (B).
            ``(2) Agencies described.--The agencies referred to in
        paragraph (1) are--
                ``(A) the Department of the Interior;
                ``(B) the Department of the Army;
                ``(C) the Department of Commerce;
                ``(D) the Department of Agriculture;
                ``(E) the Department of Energy;
                ``(F) the Department of Defense; and
                ``(G) any other Federal agency that has participated in an
            environmental review process for a project, as determined by
            the Secretary.
            ``(3) Adoption of categorical exclusions.--
                ``(A) In general.--Not later than 1 year after the date on
            which the Secretary provides a list under paragraph (1)(C), an
            agency described in paragraph (2) shall publish a notice of
            proposed rulemaking to propose any categorical exclusions from
            the list applicable to the agency, subject to the condition
            that the categorical exclusion identified under paragraph
            (1)(A) meets the criteria for a categorical exclusion under
            section 1508.1 of title 40, Code of Federal Regulations (or
            successor regulations).
                ``(B) Public comment.--In a notice of proposed rulemaking
            under subparagraph (A), the applicable agency may solicit
            comments on whether any of the proposed new categorical
            exclusions meet the criteria for a categorical exclusion under
            section 1508.1 of title 40, Code of Federal Regulations (or
            successor regulations).''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by striking the item relating to section
    139 and inserting the following:
    ``139. Efficient environmental reviews for project decisionmaking and
              One Federal Decision.''.
    SEC. 11302. WORK ZONE PROCESS REVIEWS.
        The Secretary shall amend section 630.1008(e) of title 23, Code of
    Federal Regulations, to ensure that the work zone process review under
    that subsection is required not more frequently than once every 5
    years.
    SEC. 11303. TRANSPORTATION MANAGEMENT PLANS.
        (a) In General.--The Secretary shall amend section 630.1010(c) of
    title 23, Code of Federal Regulations, to ensure that only a project
    described in that subsection with a lane closure for 3 or more
    consecutive days shall be considered to be a significant project for
    purposes of that section.
        (b) Non-Interstate Projects.--Notwithstanding any other provision
    of law, a State shall not be required to develop or implement a
    transportation management plan (as described in section 630.1012 of
    title 23, Code of Federal Regulations (or successor regulations)) for a
    highway project not on the Interstate System if the project requires
    not more than 3 consecutive days of lane closures.
    SEC. 11304. INTELLIGENT TRANSPORTATION SYSTEMS.
        (a) In General.--The Secretary shall develop guidance for using
    existing flexibilities with respect to the systems engineering analysis
    described in part 940 of title 23, Code of Federal Regulations (or
    successor regulations).
        (b) Implementation.--The Secretary shall ensure that any guidance
    developed under subsection (a)--
            (1) clearly identifies criteria for low-risk and exempt
        intelligent transportation systems projects, with a goal of
        minimizing unnecessary delay or paperwork burden;
            (2) is consistently implemented by the Department nationwide;
        and
            (3) is disseminated to Federal-aid recipients.
        (c) Savings Provision.--Nothing in this section prevents the
    Secretary from amending part 940 of title 23, Code of Federal
    Regulations (or successor regulations), to reduce State administrative
    burdens.
    SEC. 11305. ALTERNATIVE CONTRACTING METHODS.
        (a) Alternative Contracting Methods for Federal Land Management
    Agencies and Tribal Governments.--Section 201 of title 23, United
    States Code, is amended by adding at the end the following:
        ``(f) Alternative Contracting Methods.--
            ``(1) In general.--Notwithstanding any other provision of law
        (including the Federal Acquisition Regulation), a contracting
        method available to a State under this title may be used by the
        Secretary, on behalf of--
                ``(A) a Federal land management agency, in using any funds
            pursuant to section 203, 204, or 308;
                ``(B) a Federal land management agency, in using any funds
            pursuant to section 1535 of title 31 for any of the eligible
            uses described in sections 203(a)(1) and 204(a)(1) and
            paragraphs (1) and (2) of section 308(a); or
                ``(C) a Tribal government, in using funds pursuant to
            section 202(b)(7)(D).
            ``(2) Methods described.--The contracting methods referred to
        in paragraph (1) shall include, at a minimum--
                ``(A) project bundling;
                ``(B) bridge bundling;
                ``(C) design-build contracting;
                ``(D) 2-phase contracting;
                ``(E) long-term concession agreements; and
                ``(F) any method tested, or that could be tested, under an
            experimental program relating to contracting methods carried
            out by the Secretary.
            ``(3) Effect.--Nothing in this subsection--
                ``(A) affects the application of the Federal share for the
            project carried out with a contracting method under this
            subsection; or
                ``(B) modifies the point of obligation of Federal salaries
            and expenses.''.
        (b) Cooperation With Federal and State Agencies and Foreign
    Countries.--Section 308(a) of title 23, United States Code, is amended
    by adding at the end the following:
            ``(4) Alternative contracting methods.--
                ``(A) In general.--Notwithstanding any other provision of
            law (including the Federal Acquisition Regulation), in
            performing services under paragraph (1), the Secretary may use
            any contracting method available to a State under this title.
                ``(B) Methods described.--The contracting methods referred
            to in subparagraph (A) shall include, at a minimum--
                    ``(i) project bundling;
                    ``(ii) bridge bundling;
                    ``(iii) design-build contracting;
                    ``(iv) 2-phase contracting;
                    ``(v) long-term concession agreements; and
                    ``(vi) any method tested, or that could be tested,
                under an experimental program relating to contracting
                methods carried out by the Secretary.''.
        (c) Use of Alternative Contracting Methods.--In carrying out an
    alternative contracting method under section 201(f) or 308(a)(4) of
    title 23, United States Code, the Secretary shall--
            (1) in consultation with the applicable Federal land management
        agencies, establish clear procedures that are--
                (A) applicable to the alternative contracting method; and
                (B) to the maximum extent practicable, consistent with the
            requirements applicable to Federal procurement transactions;
            (2) solicit input on the use of the alternative contracting
        method from the affected industry prior to using the method; and
            (3) analyze and prepare an evaluation of the use of the
        alternative contracting method.
    SEC. 11306. FLEXIBILITY FOR PROJECTS.
        Section 1420 of the FAST Act (23 U.S.C. 101 note; Public Law 114-
    94) is amended--
            (1) in subsection (a), by striking ``and on request by a State,
        the Secretary may'' in the matter preceding paragraph (1) and all
        that follows through the period at the end of paragraph (2) and
        inserting the following: ``, on request by a State, and if in the
        public interest (as determined by the Secretary), the Secretary
        shall exercise all existing flexibilities under--
            ``(1) the requirements of title 23, United States Code; and
            ``(2) other requirements administered by the Secretary, in
        whole or in part.''; and
            (2) in subsection (b)(2)(A), by inserting ``(including
        regulations)'' after ``environmental law''.
    SEC. 11307. IMPROVED FEDERAL-STATE STEWARDSHIP AND OVERSIGHT
    AGREEMENTS.
        (a) Definition of Template.--In this section, the term ``template''
    means a template created by the Secretary for Federal-State stewardship
    and oversight agreements that--
            (1) includes all standard terms found in stewardship and
        oversight agreements, including any terms in an attachment to the
        agreement;
            (2) is developed in accordance with section 106 of title 23,
        United States Code, or any other applicable authority; and
            (3) may be developed with consideration of relevant
        regulations, guidance, or policies.
        (b) Request for Comment.--
            (1) In general.--Not later than 60 days after the date of
        enactment of this Act, the Secretary shall publish in the Federal
        Register the template and a notice requesting public comment on
        ways to improve the template.
            (2) Comment period.--The Secretary shall provide a period of
        not less than 60 days for public comment on the notice under
        paragraph (1).
            (3) Certain issues.--The notice under paragraph (1) shall allow
        comment on any aspect of the template and shall specifically
        request public comment on--
                (A) whether the template should be revised to delete
            standard terms requiring approval by the Secretary of the
            policies, procedures, processes, or manuals of the States, or
            other State actions, if Federal law (including regulations)
            does not specifically require an approval;
                (B) opportunities to modify the template to allow
            adjustments to the review schedules for State practices or
            actions, including through risk-based approaches, program
            reviews, process reviews, or other means; and
                (C) any other matters that the Secretary determines to be
            appropriate.
        (c) Notice of Action; Updates.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, after considering the comments received in
        response to the Federal Register notice under subsection (b), the
        Secretary shall publish in the Federal Register a notice that--
                (A) describes any proposed changes to be made, and any
            alternatives to such changes, to the template;
                (B) addresses comments in response to which changes were
            not made to the template; and
                (C) prescribes a schedule and a plan to execute a process
            for implementing the changes referred to in subparagraph (A).
            (2) Approval requirements.--In addressing comments under
        paragraph (1)(B), the Secretary shall include an explanation of the
        basis for retaining any requirement for approval of State policies,
        procedures, processes, or manuals, or other State actions, if
        Federal law (including regulations) does not specifically require
        the approval.
            (3) Implementation.--
                (A) In general.--Not later than 60 days after the date on
            which the notice under paragraph (1) is published, the
            Secretary shall make changes to the template in accordance
            with--
                    (i) the changes described in the notice under paragraph
                (1)(A); and
                    (ii) the schedule and plan described in the notice
                under paragraph (1)(C).
                (B) Updates.--Not later than 1 year after the date on which
            the revised template under subparagraph (A) is published, the
            Secretary shall update existing agreements with States
            according to the template updated under subparagraph (A).
        (d) Inclusion of Non-standard Terms.--Nothing in this section
    precludes the inclusion in a Federal-State stewardship and oversight
    agreement of non-standard terms to address a State-specific matter,
    including risk-based stewardship and Department oversight involvement
    in individual projects of division interest.
        (e) Compliance With Non-statutory Terms.--
            (1) In general.--The Secretary shall not enforce or otherwise
        require a State to comply with approval requirements that are not
        required by Federal law (including regulations) in a Federal-State
        stewardship and oversight agreement.
            (2) Approval authority.--Notwithstanding any other provision of
        law, the Secretary shall not assert approval authority over any
        matter in a Federal-State stewardship and oversight agreement
        reserved to States.
        (f) Frequency of Reviews.--Section 106(g)(3) of title 23, United
    States Code, is amended--
            (1) by striking ``annual'';
            (2) by striking ``The Secretary'' and inserting the following:
                ``(A) In general.--The Secretary''; and
            (3) by adding at the end the following:
                ``(B) Frequency.--
                    ``(i) In general.--Except as provided in clauses (ii)
                and (iii), the Secretary shall carry out a review under
                subparagraph (A) not less frequently than once every 2
                years.
                    ``(ii) Consultation with state.--The Secretary, after
                consultation with a State, may make a determination to
                carry out a review under subparagraph (A) for that State
                less frequently than provided under clause (i).
                    ``(iii) Cause.--If the Secretary determines that there
                is a specific reason to require a review more frequently
                than provided under clause (i) with respect to a State, the
                Secretary may carry out a review more frequently than
                provided under that clause.''.
    SEC. 11308. GEOMATIC DATA.
        (a) In General.--The Secretary shall develop guidance for the
    acceptance and use of information obtained from a non-Federal entity
    through geomatic techniques, including remote sensing and land
    surveying, cartography, geographic information systems, global
    navigation satellite systems, photogrammetry, or other remote means.
        (b) Considerations.--In carrying out this section, the Secretary
    shall ensure that acceptance or use of information described in
    subsection (a) meets the data quality and operational requirements of
    the Secretary.
        (c) Public Comment.--Before issuing any final guidance under
    subsection (a), the Secretary shall provide to the public--
            (1) notice of the proposed guidance; and
            (2) an opportunity to comment on the proposed guidance.
        (d) Savings Clause.--Nothing in this section--
            (1) requires the Secretary to accept or use information that
        the Secretary determines does not meet the guidance developed under
        this section; or
            (2) changes the current statutory or regulatory requirements of
        the Department.
    SEC. 11309. EVALUATION OF PROJECTS WITHIN AN OPERATIONAL RIGHT-OF-WAY.
        (a) In General.--Chapter 3 of title 23, United States Code, is
    amended by adding at the end the following:
    ``Sec. 331. Evaluation of projects within an operational right-of-way
        ``(a) Definitions.--
            ``(1) Eligible project or activity.--
                ``(A) In general.--In this section, the term `eligible
            project or activity' means a project or activity within an
            existing operational right-of-way (as defined in section
            771.117(c)(22) of title 23, Code of Federal Regulations (or
            successor regulations))--
                    ``(i)(I) eligible for assistance under this title; or
                    ``(II) administered as if made available under this
                title;
                    ``(ii) that is--

                        ``(I) a preventive maintenance, preservation, or
                    highway safety improvement project (as defined in
                    section 148(a)); or
                        ``(II) a new turn lane that the State advises in
                    writing to the Secretary would assist public safety;
                    and

                    ``(iii) that--

                        ``(I) is classified as a categorical exclusion
                    under section 771.117 of title 23, Code of Federal
                    Regulations (or successor regulations); or
                        ``(II) if the project or activity does not receive
                    assistance described in clause (i) would be considered
                    a categorical exclusion if the project or activity
                    received assistance described in clause (i).

                ``(B) Exclusion.--The term `eligible project or activity'
            does not include a project to create a new travel lane.
            ``(2) Preliminary evaluation.--The term `preliminary
        evaluation', with respect to an application described in subsection
        (b)(1), means an evaluation that is customary or practicable for
        the relevant agency to complete within a 45-day period for similar
        applications.
            ``(3) Relevant agency.--The term `relevant agency' means a
        Federal agency, other than the Federal Highway Administration, with
        responsibility for review of an application from a State for a
        permit, approval, or jurisdictional determination for an eligible
        project or activity.
        ``(b) Action Required.--
            ``(1) In general.--Subject to paragraph (2), not later than 45
        days after the date of receipt of an application by a State for a
        permit, approval, or jurisdictional determination for an eligible
        project or activity, the head of the relevant agency shall--
                ``(A) make at least a preliminary evaluation of the
            application; and
                ``(B) notify the State of the results of the preliminary
            evaluation under subparagraph (A).
            ``(2) Extension.--The head of the relevant agency may extend
        the review period under paragraph (1) by not more than 30 days if
        the head of the relevant agency provides to the State written
        notice that includes an explanation of the need for the extension.
            ``(3) Failure to act.--If the head of the relevant agency fails
        to meet a deadline under paragraph (1) or (2), as applicable, the
        head of the relevant agency shall--
                ``(A) not later than 30 days after the date of the missed
            deadline, submit to the State, the Committee on Environment and
            Public Works of the Senate, and the Committee on Transportation
            and Infrastructure of the House of Representatives a report
            that describes why the deadline was missed; and
                ``(B) not later than 14 days after the date on which a
            report is submitted under subparagraph (A), make publicly
            available, including on the internet, a copy of that report.''.
        (b) Clerical Amendment.--The analysis for chapter 3 of title 23,
    United States Code, is amended by adding at the end the following:
    ``331. Evaluation of projects within an operational right-of-way.''.
    SEC. 11310. PRELIMINARY ENGINEERING.
        (a) In General.--Section 102 of title 23, United States Code, is
    amended--
            (1) by striking subsection (b); and
            (2) in subsection (a), in the second sentence, by striking
        ``Nothing in this subsection'' and inserting the following:
        ``(b) Savings Provision.--Nothing in this section''.
        (b) Conforming Amendment.--Section 144(j) of title 23, United
    States Code, is amended by striking paragraph (6).
    SEC. 11311. EFFICIENT IMPLEMENTATION OF NEPA FOR FEDERAL LAND
    MANAGEMENT PROJECTS.
        Section 203 of title 23, United States Code, is amended by adding
    at the end the following:
        ``(e) Efficient Implementation of NEPA.--
            ``(1) Definitions.--In this subsection:
                ``(A) Environmental document.--The term `environmental
            document' means an environmental impact statement,
            environmental assessment, categorical exclusion, or other
            document prepared under the National Environmental Policy Act
            of 1969 (42 U.S.C. 4321 et seq.).
                ``(B) Project.--The term `project' means a highway project,
            public transportation capital project, or multimodal project
            that--
                    ``(i) receives funds under this title; and
                    ``(ii) is authorized under this section or section 204.
                ``(C) Project sponsor.--The term `project sponsor' means
            the Federal land management agency that seeks or receives funds
            under this title for a project.
            ``(2) Environmental review to be completed by federal highway
        administration.--The Federal Highway Administration may prepare an
        environmental document pursuant to the implementing procedures of
        the Federal Highway Administration to comply with the requirements
        of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
        seq.) if--
                ``(A) requested by a project sponsor; and
                ``(B) all areas of analysis required by the project sponsor
            can be addressed.
            ``(3) Federal land management agencies adoption of existing
        environmental review documents.--
                ``(A) In general.--To the maximum extent practicable, if
            the Federal Highway Administration prepares an environmental
            document pursuant to paragraph (2), that environmental document
            shall address all areas of analysis required by a Federal land
            management agency.
                ``(B) Independent evaluation.--Notwithstanding any other
            provision of law, a Federal land management agency shall not be
            required to conduct an independent evaluation to determine the
            adequacy of an environmental document prepared by the Federal
            Highway Administration pursuant to paragraph (2).
                ``(C) Use of same document.--In authorizing or implementing
            a project, a Federal land management agency may use an
            environmental document previously prepared by the Federal
            Highway Administration for a project addressing the same or
            substantially the same action to the same extent that the
            Federal land management agency could adopt or use a document
            previously prepared by another Federal agency.
            ``(4) Application by federal land management agencies of
        categorical exclusions established by federal highway
        administration.--In carrying out requirements under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
        project, the project sponsor may use categorical exclusions
        designated under that Act in the implementing regulations of the
        Federal Highway Administration, subject to the conditions that--
                ``(A) the project sponsor makes a determination, in
            consultation with the Federal Highway Administration, that the
            categorical exclusion applies to the project;
                ``(B) the project satisfies the conditions for a
            categorical exclusion under the National Environmental Policy
            Act of 1969 (42 U.S.C. 4321 et seq.); and
                ``(C) the use of the categorical exclusion does not
            otherwise conflict with the implementing regulations of the
            project sponsor, except any list of the project sponsor that
            designates categorical exclusions.
            ``(5) Mitigation commitments.--The Secretary shall assist the
        Federal land management agency with all design and mitigation
        commitments made jointly by the Secretary and the project sponsor
        in any environmental document prepared by the Secretary in
        accordance with this subsection.''.
    SEC. 11312. NATIONAL ENVIRONMENTAL POLICY ACT OF 1969 REPORTING
    PROGRAM.
        (a) In General.--Chapter 1 of title 23, United States Code, is
    amended by inserting after section 156 the following:
    ``Sec. 157. National Environmental Policy Act of 1969 reporting program
        ``(a) Definitions.--In this section:
            ``(1) Categorical exclusion.--The term `categorical exclusion'
        has the meaning given the term in section 771.117(c) of title 23,
        Code of Federal Regulations (or a successor regulation).
            ``(2) Documented categorical exclusion.--The term `documented
        categorical exclusion' has the meaning given the term in section
        771.117(d) of title 23, Code of Federal Regulations (or a successor
        regulation).
            ``(3) Environmental assessment.--The term `environmental
        assessment' has the meaning given the term in section 1508.1 of
        title 40, Code of Federal Regulations (or a successor regulation).
            ``(4) Environmental impact statement.--The term `environmental
        impact statement' means a detailed statement required under section
        102(2)(C) of the National Environmental Policy Act of 1969 (42
        U.S.C. 4332(2)(C)).
            ``(5) Federal agency.--The term `Federal agency' includes a
        State that has assumed responsibility under section 327.
            ``(6) NEPA process.--The term `NEPA process' means the entirety
        of the development and documentation of the analysis required under
        the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
        seq.), including the assessment and analysis of any impacts,
        alternatives, and mitigation of a proposed action, and any
        interagency participation and public involvement required to be
        carried out before the Secretary undertakes a proposed action.
            ``(7) Proposed action.--The term `proposed action' means an
        action (within the meaning of the National Environmental Policy Act
        of 1969 (42 U.S.C. 4321 et seq.)) under this title that the
        Secretary proposes to carry out.
            ``(8) Reporting period.--The term `reporting period' means the
        fiscal year prior to the fiscal year in which a report is issued
        under subsection (b).
            ``(9) Secretary.--The term `Secretary' includes the governor or
        head of an applicable State agency of a State that has assumed
        responsibility under section 327.
        ``(b) Report on NEPA Data.--
            ``(1) In general.--The Secretary shall carry out a process to
        track, and annually submit to the Committee on Environment and
        Public Works of the Senate and the Committee on Transportation and
        Infrastructure of the House of Representatives a report containing,
        the information described in paragraph (3).
            ``(2) Time to complete.--For purposes of paragraph (3), the
        NEPA process--
                ``(A) for an environmental impact statement--
                    ``(i) begins on the date on which the Notice of Intent
                is published in the Federal Register; and
                    ``(ii) ends on the date on which the Secretary issues a
                record of decision, including, if necessary, a revised
                record of decision; and
                ``(B) for an environmental assessment--
                    ``(i) begins on the date on which the Secretary makes a
                determination to prepare an environmental assessment; and
                    ``(ii) ends on the date on which the Secretary issues a
                finding of no significant impact or determines that
                preparation of an environmental impact statement is
                necessary.
            ``(3) Information described.--The information referred to in
        paragraph (1) is, with respect to the Department of
        Transportation--
                ``(A) the number of proposed actions for which a
            categorical exclusion was issued during the reporting period;
                ``(B) the number of proposed actions for which a documented
            categorical exclusion was issued by the Department of
            Transportation during the reporting period;
                ``(C) the number of proposed actions pending on the date on
            which the report is submitted for which the issuance of a
            documented categorical exclusion by the Department of
            Transportation is pending;
                ``(D) the number of proposed actions for which an
            environmental assessment was issued by the Department of
            Transportation during the reporting period;
                ``(E) the length of time the Department of Transportation
            took to complete each environmental assessment described in
            subparagraph (D);
                ``(F) the number of proposed actions pending on the date on
            which the report is submitted for which an environmental
            assessment is being drafted by the Department of
            Transportation;
                ``(G) the number of proposed actions for which an
            environmental impact statement was completed by the Department
            of Transportation during the reporting period;
                ``(H) the length of time that the Department of
            Transportation took to complete each environmental impact
            statement described in subparagraph (G);
                ``(I) the number of proposed actions pending on the date on
            which the report is submitted for which an environmental impact
            statement is being drafted; and
                ``(J) for the proposed actions reported under subparagraphs
            (F) and (I), the percentage of those proposed actions for
            which--
                    ``(i) funding has been identified; and
                    ``(ii) all other Federal, State, and local activities
                that are required to allow the proposed action to proceed
                are completed.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by inserting after the item relating to
    section 156 the following:
    ``157. National Environmental Policy Act of 1969 reporting program.''.
    SEC. 11313. SURFACE TRANSPORTATION PROJECT DELIVERY PROGRAM WRITTEN
    AGREEMENTS.
        Section 327 of title 23, United States Code, is amended--
            (1) in subsection (a)(2)(G), by inserting ``, including the
        payment of fees awarded under section 2412 of title 28'' before the
        period at the end;
            (2) in subsection (c)--
                (A) by striking paragraph (5) and inserting the following:
            ``(5) except as provided under paragraph (7), have a term of
        not more than 5 years;'';
                (B) in paragraph (6), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(7) for any State that has participated in a program under
        this section (or under a predecessor program) for at least 10
        years, have a term of 10 years.'';
            (3) in subsection (g)(1)--
                (A) in subparagraph (B), by striking ``and'' at the end;
                (B) in subparagraph (C), by striking ``annual'';
                (C) by redesignating subparagraph (C) as subparagraph (D);
            and
                (D) by inserting after subparagraph (B) the following:
                ``(C) in the case of an agreement period of greater than 5
            years pursuant to subsection (c)(7), conduct an audit covering
            the first 5 years of the agreement period; and''; and
            (4) by adding at the end the following:
        ``(m) Agency Deemed to Be Federal Agency.--A State agency that is
    assigned a responsibility under an agreement under this section shall
    be deemed to be an agency for the purposes of section 2412 of title
    28.''.
    SEC. 11314. STATE ASSUMPTION OF RESPONSIBILITY FOR CATEGORICAL
    EXCLUSIONS.
        Section 326(c)(3) of title 23, United States Code, is amended--
            (1) by striking subparagraph (A) and inserting the following:
                ``(A) except as provided under subparagraph (C), shall have
            a term of not more than 3 years;'';
            (2) in subparagraph (B), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
                ``(C) shall have a term of 5 years, in the case of a State
            that has assumed the responsibility for categorical exclusions
            under this section for not fewer than 10 years.''.
    SEC. 11315. EARLY UTILITY RELOCATION PRIOR TO TRANSPORTATION PROJECT
    ENVIRONMENTAL REVIEW.
        Section 123 of title 23, United States Code, is amended to read as
    follows:
    ``Sec. 123. Relocation of utility facilities
        ``(a) Definitions.--In this section:
            ``(1) Cost of relocation.--The term `cost of relocation'
        includes the entire amount paid by a utility properly attributable
        to the relocation of a utility facility, minus any increase in the
        value of the new facility and any salvage value derived from the
        old facility.
            ``(2) Early utility relocation project.--The term `early
        utility relocation project' means utility relocation activities
        identified by the State for performance before completion of the
        environmental review process for the transportation project.
            ``(3) Environmental review process.--The term `environmental
        review process' has the meaning given the term in section 139(a).
            ``(4) Transportation project.--The term `transportation
        project' means a project.
            ``(5) Utility facility.--The term `utility facility' means any
        privately, publicly, or cooperatively owned line, facility, or
        system for producing, transmitting, or distributing communications,
        power, electricity, light, heat, gas, oil, crude products, water,
        steam, waste, stormwater not connected with highway drainage, or
        any other similar commodity, including any fire or police signal
        system or street lighting system, that directly or indirectly
        serves the public.
            ``(6) Utility relocation activity.--The term `utility
        relocation activity' means an activity necessary for the relocation
        of a utility facility, including preliminary and final design,
        surveys, real property acquisition, materials acquisition, and
        construction.
        ``(b) Reimbursement to States.--
            ``(1) In general.--If a State pays for the cost of relocation
        of a utility facility necessitated by the construction of a
        transportation project, Federal funds may be used to reimburse the
        State for the cost of relocation in the same proportion as Federal
        funds are expended on the transportation project.
            ``(2) Limitation.--Federal funds shall not be used to reimburse
        a State under this section if the payment to the utility--
                ``(A) violates the law of the State; or
                ``(B) violates a legal contract between the utility and the
            State.
            ``(3) Requirement.--A reimbursement under paragraph (1) shall
        be made only if the State demonstrates to the satisfaction of the
        Secretary that the State paid the cost of the utility relocation
        activity from funds of the State with respect to transportation
        projects for which Federal funds are obligated subsequent to April
        16, 1958, for work, including utility relocation activities.
            ``(4) Reimbursement eligibility for early relocation prior to
        transportation project environmental review process.--
                ``(A) In general.--In addition to the requirements under
            paragraphs (1) through (3), a State may carry out, at the
            expense of the State, an early utility relocation project for a
            transportation project before completion of the environmental
            review process for the transportation project.
                ``(B) Requirements for reimbursement.--Funds apportioned to
            a State under this title may be used to pay the costs incurred
            by the State for an early utility relocation project only if
            the State demonstrates to the Secretary, and the Secretary
            finds that--
                    ``(i) the early utility relocation project is necessary
                to accommodate a transportation project;
                    ``(ii) the State provides adequate documentation to the
                Secretary of eligible costs incurred by the State for the
                early utility relocation project;
                    ``(iii) before the commencement of the utility
                relocation activities, an environmental review process was
                completed for the early utility relocation project that
                resulted in a finding that the early utility relocation
                project--

                        ``(I) would not result in significant adverse
                    environmental impacts; and
                        ``(II) would comply with other applicable Federal
                    environmental requirements;

                    ``(iv) the early utility relocation project did not
                influence--

                        ``(I) the environmental review process for the
                    transportation project;
                        ``(II) the decision relating to the need to
                    construct the transportation project; or
                        ``(III) the selection of the transportation project
                    design or location;

                    ``(v) the early utility relocation project complies
                with all applicable provisions of law, including
                regulations issued pursuant to this title;
                    ``(vi) the early utility relocation project follows
                applicable financial procedures and requirements, including
                documentation of eligible costs and the requirements under
                section 109(l), but not including requirements applicable
                to authorization and obligation of Federal funds;
                    ``(vii) the transportation project for which the early
                utility relocation project was necessitated was included in
                the applicable transportation improvement program under
                section 134 or 135;
                    ``(viii) before the cost incurred by a State is
                approved for Federal participation, environmental
                compliance pursuant to the National Environmental Policy
                Act of 1969 (42 U.S.C. 4321 et seq.) has been completed for
                the transportation project for which the early utility
                relocation project was necessitated; and
                    ``(ix) the transportation project that necessitated the
                utility relocation activity is approved for construction.
                ``(C) Savings provision.--Nothing in this paragraph affects
            other eligibility requirements or authorities for Federal
            participation in payment of costs incurred for utility
            relocation activities.
        ``(c) Applicability of Other Provisions.--Nothing in this section
    affects the applicability of other requirements that would otherwise
    apply to an early utility relocation project, including any applicable
    requirements under--
            ``(1) section 138;
            ``(2) the Uniform Relocation Assistance and Real Property
        Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
        including regulations under part 24 of title 49, Code of Federal
        Regulations (or successor regulations);
            ``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
        et seq.); or
            ``(4) an environmental review process.''.
    SEC. 11316. STREAMLINING OF SECTION 4(F) REVIEWS.
        Section 138(a) of title 23, United States Code, is amended--
            (1) in the fourth sentence, by striking ``In carrying out'' and
        inserting the following:
            ``(4) Studies.--In carrying out'';
            (2) in the third sentence--
                (A) by striking ``such land, and (2) such program'' and
            inserting the following: ``the land; and
                ``(B) the program'';
                (B) by striking ``unless (1) there is'' and inserting the
            following: ``unless--
                ``(A) there is''; and
                (C) by striking ``After the'' and inserting the following:
            ``(3) Requirement.--After the'';
            (3) in the second sentence--
                (A) by striking ``The Secretary of Transportation'' and
            inserting the following:
            ``(2) Cooperation and consultation.--
                ``(A) In general.--The Secretary''; and
                (B) by adding at the end the following:
                ``(B) Timeline for approvals.--
                    ``(i) In general.--The Secretary shall--

                        ``(I) provide an evaluation under this section to
                    the Secretaries described in subparagraph (A); and
                        ``(II) provide a period of 30 days for receipt of
                    comments.

                    ``(ii) Assumed acceptance.--If the Secretary does not
                receive comments by 15 days after the deadline under clause
                (i)(II), the Secretary shall assume a lack of objection and
                proceed with the action.
                ``(C) Effect.--Nothing in subparagraph (B) affects--
                    ``(i) the requirements under--

                        ``(I) subsections (b) through (f); or
                        ``(II) the consultation process under section
                    306108 of title 54; or

                    ``(ii) programmatic section 4(f) evaluations, as
                described in regulations issued by the Secretary.''; and
            (4) in the first sentence, by striking ``It is declared to be''
        and inserting the following:
            ``(1) In general.--It is''.
    SEC. 11317. CATEGORICAL EXCLUSION FOR PROJECTS OF LIMITED FEDERAL
    ASSISTANCE.
        Section 1317(1) of MAP-21 (23 U.S.C. 109 note; Public Law 112-141)
    is amended--
            (1) in subparagraph (A), by striking ``$5,000,000'' and
        inserting ``$6,000,000''; and
            (2) in subparagraph (B), by striking ``$30,000,000'' and
        inserting ``$35,000,000''.
    SEC. 11318. CERTAIN GATHERING LINES LOCATED ON FEDERAL LAND AND INDIAN
    LAND.
        (a) Definitions.--In this section:
            (1) Federal land.--
                (A) In general.--The term ``Federal land'' means land the
            title to which is held by the United States.
                (B) Exclusions.--The term ``Federal land'' does not
            include--
                    (i) a unit of the National Park System;
                    (ii) a unit of the National Wildlife Refuge System;
                    (iii) a component of the National Wilderness
                Preservation System;
                    (iv) a wilderness study area within the National Forest
                System; or
                    (v) Indian land.
            (2) Gathering line and associated field compression or pumping
        unit.--
                (A) In general.--The term ``gathering line and associated
            field compression or pumping unit'' means--
                    (i) a pipeline that is installed to transport oil,
                natural gas and related constituents, or produced water
                from 1 or more wells drilled and completed to produce oil
                or gas; and
                    (ii) if necessary, 1 or more compressors or pumps to
                raise the pressure of the transported oil, natural gas and
                related constituents, or produced water to higher pressures
                necessary to enable the oil, natural gas and related
                constituents, or produced water to flow into pipelines and
                other facilities.
                (B) Inclusions.--The term ``gathering line and associated
            field compression or pumping unit'' includes a pipeline or
            associated compression or pumping unit that is installed to
            transport oil or natural gas from a processing plant to a
            common carrier pipeline or facility.
                (C) Exclusions.--The term ``gathering line and associated
            field compression or pumping unit'' does not include a common
            carrier pipeline.
            (3) Indian land.--The term ``Indian land'' means land the title
        to which is held by--
                (A) the United States in trust for an Indian Tribe or an
            individual Indian; or
                (B) an Indian Tribe or an individual Indian subject to a
            restriction by the United States against alienation.
            (4) Produced water.--The term ``produced water'' means water
        produced from an oil or gas well bore that is not a fluid prepared
        at, or transported to, the well site to resolve a specific oil or
        gas well bore or reservoir condition.
            (5) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
        (b) Certain Gathering Lines.--
            (1) In general.--Subject to paragraph (2), the issuance of a
        sundry notice or right-of-way for a gathering line and associated
        field compression or pumping unit that is located on Federal land
        or Indian land and that services any oil or gas well may be
        considered by the Secretary to be an action that is categorically
        excluded (as defined in section 1508.1 of title 40, Code of Federal
        Regulations (as in effect on the date of enactment of this Act))
        for purposes of the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.) if the gathering line and associated field
        compression or pumping unit--
                (A) are within a field or unit for which an approved land
            use plan or an environmental document prepared pursuant to the
            National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
            seq.) analyzed transportation of oil, natural gas, or produced
            water from 1 or more oil or gas wells in the field or unit as a
            reasonably foreseeable activity;
                (B) are located adjacent to or within--
                    (i) any existing disturbed area; or
                    (ii) an existing corridor for a right-of-way; and
                (C) would reduce--
                    (i) in the case of a gathering line and associated
                field compression or pumping unit transporting methane, the
                total quantity of methane that would otherwise be vented,
                flared, or unintentionally emitted from the field or unit;
                or
                    (ii) in the case of a gathering line and associated
                field compression or pumping unit not transporting methane,
                the vehicular traffic that would otherwise service the
                field or unit.
            (2) Applicability.--Paragraph (1) shall apply to Indian land,
        or a portion of Indian land--
                (A) to which the National Environmental Policy Act of 1969
            (42 U.S.C. 4321 et seq.) applies; and
                (B) for which the Indian Tribe with jurisdiction over the
            Indian land submits to the Secretary a written request that
            paragraph (1) apply to that Indian land (or portion of Indian
            land).
        (c) Effect on Other Law.--Nothing in this section--
            (1) affects or alters any requirement--
                (A) relating to prior consent under--
                    (i) section 2 of the Act of February 5, 1948 (62 Stat.
                18, chapter 45; 25 U.S.C. 324); or
                    (ii) section 16(e) of the Act of June 18, 1934 (48
                Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25
                U.S.C. 5123(e)) (commonly known as the ``Indian
                Reorganization Act'');
                (B) under section 306108 of title 54, United States Code;
            or
                (C) under any other Federal law (including regulations)
            relating to Tribal consent for rights-of-way across Indian
            land; or
            (2) makes the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.) applicable to land to which that Act otherwise
        would not apply.
    SEC. 11319. ANNUAL REPORT.
        (a) Definition of Covered Project.--In this section, the term
    ``covered project'' means a project or activity carried out with funds
    provided by the Department, including a project carried out under title
    23 or 49, United States Code--
            (1) that is more than 5 years behind schedule; or
            (2) for which the total amount spent on the project or activity
        is not less than $1,000,000,000 more than the original cost
        estimate for the project or activity.
        (b) Requirement.--Not later than 1 year after the date of enactment
    of this Act, and annually thereafter, the Secretary shall submit to
    Congress a report on covered projects of the Department, which shall
    include, for each covered project--
            (1) a brief description of the covered project, including--
                (A) the purpose of the covered project;
                (B) each location in which the covered project is carried
            out;
                (C) the contract or award number of the covered project, if
            applicable;
                (D) the year in which the covered project was initiated;
                (E) the Federal share of the total cost of the covered
            project; and
                (F) each primary contractor, subcontractor, grant
            recipient, and subgrantee recipient of the covered project;
            (2) an explanation of any change to the original scope of the
        covered project, including by the addition or narrowing of the
        initial requirements of the covered project;
            (3) the original expected date for completion of the covered
        project;
            (4) the current expected date for completion of the covered
        project;
            (5) the original cost estimate for the covered project, as
        adjusted to reflect increases in the Consumer Price Index for All
        Urban Consumers, as published by the Bureau of Labor Statistics;
            (6) the current cost estimate for the covered project, as
        adjusted to reflect increases in the Consumer Price Index for All
        Urban Consumers, as published by the Bureau of Labor Statistics;
            (7) an explanation for a delay in completion or an increase in
        the original cost estimate for the covered project, including,
        where applicable, any impact of insufficient or delayed
        appropriations; and
            (8) the amount of and rationale for any award, incentive fee,
        or other type of bonus, if any, awarded for the covered project.

                           Subtitle D--Climate Change

    SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.
        (a) Purpose.--The purpose of this section is to establish a grant
    program to strategically deploy publicly accessible electric vehicle
    charging infrastructure, hydrogen fueling infrastructure, propane
    fueling infrastructure, and natural gas fueling infrastructure along
    designated alternative fuel corridors or in certain other locations
    that will be accessible to all drivers of electric vehicles, hydrogen
    vehicles, propane vehicles, and natural gas vehicles.
        (b) Grant Program.--Section 151 of title 23, United States Code, is
    amended--
            (1) in subsection (a)--
                (A) by striking ``Not later than 1 year after the date of
            enactment of the FAST Act, the Secretary shall'' and inserting
            ``The Secretary shall periodically''; and
                (B) by striking ``to improve the mobility'' and inserting
            ``to support changes in the transportation sector that help
            achieve a reduction in greenhouse gas emissions and improve the
            mobility'';
            (2) in subsection (b)(2), by inserting ``previously designated
        by the Federal Highway Administration or'' before ``designated
        by'';
            (3) by striking subsection (d) and inserting the following:
        ``(d) Redesignation.--
            ``(1) Initial redesignation.--Not later than 180 days after the
        date of enactment of the Surface Transportation Reauthorization Act
        of 2021, the Secretary shall update and redesignate the corridors
        under subsection (a).
            ``(2) Subsequent redesignation.--The Secretary shall establish
        a recurring process to regularly update and redesignate the
        corridors under subsection (a).'';
            (4) in subsection (e)--
                (A) in paragraph (1), by striking ``and'' at the end;
                (B) in paragraph (2)--
                    (i) by striking ``establishes an aspirational goal of
                achieving'' and inserting ``describes efforts, including
                through funds awarded through the grant program under
                subsection (f), that will aid efforts to achieve''; and
                    (ii) by striking ``by the end of fiscal year 2020.''
                and inserting ``; and''; and
                (C) by adding at the end the following:
            ``(3) summarizes best practices and provides guidance,
        developed through consultation with the Secretary of Energy, for
        project development of electric vehicle charging infrastructure,
        hydrogen fueling infrastructure, propane fueling infrastructure and
        natural gas fueling infrastructure at the State, Tribal, and local
        level to allow for the predictable deployment of that
        infrastructure.''; and
            (5) by adding at the end the following:
        ``(f) Grant Program.--
            ``(1) Definition of private entity.--In this subsection, the
        term `private entity' means a corporation, partnership, company, or
        nonprofit organization.
            ``(2) Establishment.--Not later than 1 year after the date of
        enactment of the Surface Transportation Reauthorization Act of
        2021, the Secretary shall establish a grant program to award grants
        to eligible entities to carry out the activities described in
        paragraph (6).
            ``(3) Eligible entities.--An entity eligible to receive a grant
        under this subsection is--
                ``(A) a State or political subdivision of a State;
                ``(B) a metropolitan planning organization;
                ``(C) a unit of local government;
                ``(D) a special purpose district or public authority with a
            transportation function, including a port authority;
                ``(E) an Indian tribe (as defined in section 4 of the
            Indian Self-Determination and Education Assistance Act (25
            U.S.C. 5304));
                ``(F) a territory of the United States;
                ``(G) an authority, agency, or instrumentality of, or an
            entity owned by, 1 or more entities described in subparagraphs
            (A) through (F); or
                ``(H) a group of entities described in subparagraphs (A)
            through (G).
            ``(4) Applications.--To be eligible to receive a grant under
        this subsection, an eligible entity shall submit to the Secretary
        an application at such time, in such manner, and containing such
        information as the Secretary shall require, including--
                ``(A) a description of how the eligible entity has
            considered--
                    ``(i) public accessibility of charging or fueling
                infrastructure proposed to be funded with a grant under
                this subsection, including--

                        ``(I) charging or fueling connector types and
                    publicly available information on real-time
                    availability; and
                        ``(II) payment methods to ensure secure,
                    convenient, fair, and equal access;

                    ``(ii) collaborative engagement with stakeholders
                (including automobile manufacturers, utilities,
                infrastructure providers, technology providers, electric
                charging, hydrogen, propane, and natural gas fuel
                providers, metropolitan planning organizations, States,
                Indian tribes, and units of local governments, fleet
                owners, fleet managers, fuel station owners and operators,
                labor organizations, infrastructure construction and
                component parts suppliers, and multi-State and regional
                entities)--

                        ``(I) to foster enhanced, coordinated, public-
                    private or private investment in electric vehicle
                    charging infrastructure, hydrogen fueling
                    infrastructure, propane fueling infrastructure, or
                    natural gas fueling infrastructure;
                        ``(II) to expand deployment of electric vehicle
                    charging infrastructure, hydrogen fueling
                    infrastructure, propane fueling infrastructure, or
                    natural gas fueling infrastructure;
                        ``(III) to protect personal privacy and ensure
                    cybersecurity; and
                        ``(IV) to ensure that a properly trained workforce
                    is available to construct and install electric vehicle
                    charging infrastructure, hydrogen fueling
                    infrastructure, propane fueling infrastructure, or
                    natural gas fueling infrastructure;

                    ``(iii) the location of the station or fueling site,
                such as consideration of--

                        ``(I) the availability of onsite amenities for
                    vehicle operators, such as restrooms or food
                    facilities;
                        ``(II) access in compliance with the Americans with
                    Disabilities Act of 1990 (42 U.S.C. 12101 et seq.);
                        ``(III) height and fueling capacity requirements
                    for facilities that charge or refuel large vehicles,
                    such as semi-trailer trucks; and
                        ``(IV) appropriate distribution to avoid redundancy
                    and fill charging or fueling gaps;

                    ``(iv) infrastructure installation that can be
                responsive to technology advancements, such as
                accommodating autonomous vehicles, vehicle-to-grid
                technology, and future charging methods; and
                    ``(v) the long-term operation and maintenance of the
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure, to avoid stranded assets and
                protect the investment of public funds in that
                infrastructure; and
                ``(B) an assessment of the estimated emissions that will be
            reduced through the use of electric vehicle charging
            infrastructure, hydrogen fueling infrastructure, propane
            fueling infrastructure, or natural gas fueling infrastructure,
            which shall be conducted using the Alternative Fuel Life-Cycle
            Environmental and Economic Transportation (AFLEET) tool
            developed by Argonne National Laboratory (or a successor tool).
            ``(5) Considerations.--In selecting eligible entities to
        receive a grant under this subsection, the Secretary shall--
                ``(A) consider the extent to which the application of the
            eligible entity would--
                    ``(i) improve alternative fueling corridor networks
                by--

                        ``(I) converting corridor-pending corridors to
                    corridor-ready corridors; or
                        ``(II) in the case of corridor-ready corridors,
                    providing redundancy--

                            ``(aa) to meet excess demand for charging or
                        fueling infrastructure; or
                            ``(bb) to reduce congestion at existing
                        charging or fueling infrastructure in high-traffic
                        locations;
                    ``(ii) meet current or anticipated market demands for
                charging or fueling infrastructure;
                    ``(iii) enable or accelerate the construction of
                charging or fueling infrastructure that would be unlikely
                to be completed without Federal assistance;
                    ``(iv) support a long-term competitive market for
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure that does not significantly
                impair existing electric vehicle charging infrastructure,
                hydrogen fueling infrastructure, propane fueling
                infrastructure, or natural gas fueling infrastructure
                providers;
                    ``(v) provide access to electric vehicle charging
                infrastructure, hydrogen fueling infrastructure, propane
                fueling infrastructure, or natural gas fueling
                infrastructure in areas with a current or forecasted need;
                and
                    ``(vi) deploy electric vehicle charging infrastructure,
                hydrogen fueling infrastructure, propane fueling
                infrastructure, or natural gas fueling infrastructure for
                medium- and heavy-duty vehicles (including along the
                National Highway Freight Network established under section
                167(c)) and in proximity to intermodal transfer stations;
                ``(B) ensure, to the maximum extent practicable, geographic
            diversity among grant recipients to ensure that electric
            vehicle charging infrastructure, hydrogen fueling
            infrastructure, propane fueling infrastructure, or natural gas
            fueling infrastructure is available throughout the United
            States;
                ``(C) consider whether the private entity that the eligible
            entity contracts with under paragraph (6)--
                    ``(i) submits to the Secretary the most recent year of
                audited financial statements; and
                    ``(ii) has experience in installing and operating
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure; and
                ``(D) consider whether, to the maximum extent practicable,
            the eligible entity and the private entity that the eligible
            entity contracts with under paragraph (6) enter into an
            agreement--
                    ``(i) to operate and maintain publicly available
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas infrastructure; and
                    ``(ii) that provides a remedy and an opportunity to
                cure if the requirements described in clause (i) are not
                met.
            ``(6) Use of funds.--
                ``(A) In general.--An eligible entity receiving a grant
            under this subsection shall only use the funds in accordance
            with this paragraph to contract with a private entity for
            acquisition and installation of publicly accessible electric
            vehicle charging infrastructure, hydrogen fueling
            infrastructure, propane fueling infrastructure, or natural gas
            fueling infrastructure that is directly related to the charging
            or fueling of a vehicle.
                ``(B) Location of infrastructure.--Any publicly accessible
            electric vehicle charging infrastructure, hydrogen fueling
            infrastructure, propane fueling infrastructure, or natural gas
            fueling infrastructure acquired and installed with a grant
            under this subsection shall be located along an alternative
            fuel corridor designated under this section, on the condition
            that any affected Indian tribes are consulted before the
            designation.
                ``(C) Operating assistance.--
                    ``(i) In general.--Subject to clauses (ii) and (iii),
                an eligible entity that receives a grant under this
                subsection may use a portion of the funds to provide to a
                private entity operating assistance for the first 5 years
                of operations after the installation of publicly available
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure while the facility transitions
                to independent system operations.
                    ``(ii) Inclusions.--Operating assistance under this
                subparagraph shall be limited to costs allocable to
                operating and maintaining the electric vehicle charging
                infrastructure, hydrogen fueling infrastructure, propane
                fueling infrastructure, or natural gas fueling
                infrastructure and service.
                    ``(iii) Limitation.--Operating assistance under this
                subparagraph may not exceed the amount of a contract under
                subparagraph (A) to acquire and install publicly accessible
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure.
                ``(D) Traffic control devices.--
                    ``(i) In general.--Subject to this paragraph, an
                eligible entity that receives a grant under this subsection
                may use a portion of the funds to acquire and install
                traffic control devices located in the right-of-way to
                provide directional information to publicly accessible
                electric vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure acquired, installed, or operated
                with the grant.
                    ``(ii) Applicability.--Clause (i) shall apply only to
                an eligible entity that--

                        ``(I) receives a grant under this subsection; and
                        ``(II) is using that grant for the acquisition and
                    installation of publicly accessible electric vehicle
                    charging infrastructure, hydrogen fueling
                    infrastructure, propane fueling infrastructure, or
                    natural gas fueling infrastructure.

                    ``(iii) Limitation on amount.--The amount of funds used
                to acquire and install traffic control devices under clause
                (i) may not exceed the amount of a contract under
                subparagraph (A) to acquire and install publicly accessible
                charging or fueling infrastructure.
                    ``(iv) No new authority created.--Nothing in this
                subparagraph authorizes an eligible entity that receives a
                grant under this subsection to acquire and install traffic
                control devices if the entity is not otherwise authorized
                to do so.
                ``(E) Revenue.--
                    ``(i) In general.--An eligible entity receiving a grant
                under this subsection and a private entity referred to in
                subparagraph (A) may enter into a cost-sharing agreement
                under which the private entity submits to the eligible
                entity a portion of the revenue from the electric vehicle
                charging infrastructure, hydrogen fueling infrastructure,
                propane fueling infrastructure, or natural gas fueling
                infrastructure.
                    ``(ii) Uses of revenue.--An eligible entity that
                receives revenue from a cost-sharing agreement under clause
                (i) may only use that revenue for a project that is
                eligible under this title.
            ``(7) Certain fuels.--The use of grants for propane fueling
        infrastructure under this subsection shall be limited to
        infrastructure for medium- and heavy-duty vehicles.
            ``(8) Community grants.--
                ``(A) In general.--Notwithstanding paragraphs (4), (5), and
            (6), the Secretary shall reserve 50 percent of the amounts made
            available each fiscal year to carry out this section to provide
            grants to eligible entities in accordance with this paragraph.
                ``(B) Applications.--To be eligible to receive a grant
            under this paragraph, an eligible entity shall submit to the
            Secretary an application at such time, in such manner, and
            containing such information as the Secretary may require.
                ``(C) Eligible entities.--An entity eligible to receive a
            grant under this paragraph is--
                    ``(i) an entity described in paragraph (3); and
                    ``(ii) a State or local authority with ownership of
                publicly accessible transportation facilities.
                ``(D) Eligible projects.--The Secretary may provide a grant
            under this paragraph for a project that is expected to reduce
            greenhouse gas emissions and to expand or fill gaps in access
            to publicly accessible electric vehicle charging
            infrastructure, hydrogen fueling infrastructure, propane
            fueling infrastructure, or natural gas fueling infrastructure,
            including--
                    ``(i) development phase activities, including planning,
                feasibility analysis, revenue forecasting, environmental
                review, preliminary engineering and design work, and other
                preconstruction activities; and
                    ``(ii) the acquisition and installation of electric
                vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure that is directly related to the
                charging or fueling of a vehicle, including any related
                construction or reconstruction and the acquisition of real
                property directly related to the project, such as locations
                described in subparagraph (E), to expand access to electric
                vehicle charging infrastructure, hydrogen fueling
                infrastructure, propane fueling infrastructure, or natural
                gas fueling infrastructure.
                ``(E) Project locations.--A project receiving a grant under
            this paragraph may be located on any public road or in other
            publicly accessible locations, such as parking facilities at
            public buildings, public schools, and public parks, or in
            publicly accessible parking facilities owned or managed by a
            private entity.
                ``(F) Priority.--In providing grants under this paragraph,
            the Secretary shall give priority to projects that expand
            access to electric vehicle charging infrastructure, hydrogen
            fueling infrastructure, propane fueling infrastructure, or
            natural gas fueling infrastructure within--
                    ``(i) rural areas;
                    ``(ii) low- and moderate-income neighborhoods; and
                    ``(iii) communities with a low ratio of private parking
                spaces to households or a high ratio of multiunit dwellings
                to single family homes, as determined by the Secretary.
                ``(G) Additional considerations.--In providing grants under
            this paragraph, the Secretary shall consider the extent to
            which the project--
                    ``(i) contributes to geographic diversity among
                eligible entities, including achieving a balance between
                urban and rural communities; and
                    ``(ii) meets current or anticipated market demands for
                charging or fueling infrastructure, including faster
                charging speeds with high-powered capabilities necessary to
                minimize the time to charge or refuel current and
                anticipated vehicles.
                ``(H) Partnering with private entities.--An eligible entity
            that receives a grant under this paragraph may use the grant
            funds to contract with a private entity for the acquisition,
            construction, installation, maintenance, or operation of
            electric vehicle charging infrastructure, hydrogen fueling
            infrastructure, propane fueling infrastructure, or natural gas
            fueling infrastructure that is directly related to the charging
            or fueling of a vehicle.
                ``(I) Maximum grant amount.--The amount of a grant under
            this paragraph shall not be more than $15,000,000.
                ``(J) Technical assistance.--Of the amounts reserved under
            subparagraph (A), the Secretary may use not more than 1 percent
            to provide technical assistance to eligible entities.
                ``(K) Additional activities.--The recipient of a grant
            under this paragraph may use not more than 5 percent of the
            grant funds on educational and community engagement activities
            to develop and implement education programs through
            partnerships with schools, community organizations, and vehicle
            dealerships to support the use of zero-emission vehicles and
            associated infrastructure.
            ``(9) Requirements.--
                ``(A) Project treatment.--Notwithstanding any other
            provision of law, any project funded by a grant under this
            subsection shall be treated as a project on a Federal-aid
            highway under this chapter.
                ``(B) Signs.--Any traffic control device or on-premises
            sign acquired, installed, or operated with a grant under this
            subsection shall comply with--
                    ``(i) the Manual on Uniform Traffic Control Devices, if
                located in the right-of-way; and
                    ``(ii) other provisions of Federal, State, and local
                law, as applicable.
            ``(10) Federal share.--
                ``(A) In general.--The Federal share of the cost of a
            project carried out with a grant under this subsection shall
            not exceed 80 percent of the total project cost.
                ``(B) Responsibility of private entity.--As a condition of
            contracting with an eligible entity under paragraph (6) or (8),
            a private entity shall agree to pay the share of the cost of a
            project carried out with a grant under this subsection that is
            not paid by the Federal Government under subparagraph (A).
            ``(11) Report.--Not later than 3 years after the date of
        enactment of this subsection, the Secretary shall submit to the
        Committee on Environment and Public Works of the Senate and the
        Committee on Transportation and Infrastructure of the House of
        Representatives and make publicly available a report on the
        progress and implementation of this subsection.''.
    SEC. 11402. REDUCTION OF TRUCK EMISSIONS AT PORT FACILITIES.
        (a) Establishment of Program.--
            (1) In general.--The Secretary shall establish a program to
        reduce idling at port facilities, under which the Secretary shall--
                (A) study how ports and intermodal port transfer facilities
            would benefit from increased opportunities to reduce emissions
            at ports, including through the electrification of port
            operations;
                (B) study emerging technologies and strategies that may
            help reduce port-related emissions from idling trucks; and
                (C) coordinate and provide funding to test, evaluate, and
            deploy projects that reduce port-related emissions from idling
            trucks, including through the advancement of port
            electrification and improvements in efficiency, focusing on
            port operations, including heavy-duty commercial vehicles, and
            other related projects.
            (2) Consultation.--In carrying out the program under this
        subsection, the Secretary may consult with the Secretary of Energy
        and the Administrator of the Environmental Protection Agency.
        (b) Grants.--
            (1) In general.--In carrying out subsection (a)(1)(C), the
        Secretary shall award grants to fund projects that reduce emissions
        at ports, including through the advancement of port
        electrification.
            (2) Cost share.--A grant awarded under paragraph (1) shall not
        exceed 80 percent of the total cost of the project funded by the
        grant.
            (3) Coordination.--In carrying out the grant program under this
        subsection, the Secretary shall--
                (A) to the maximum extent practicable, leverage existing
            resources and programs of the Department and other relevant
            Federal agencies; and
                (B) coordinate with other Federal agencies, as the
            Secretary determines to be appropriate.
            (4) Application; selection.--
                (A) Application.--The Secretary shall solicit applications
            for grants under paragraph (1) at such time, in such manner,
            and containing such information as the Secretary determines to
            be necessary.
                (B) Selection.--The Secretary shall make grants under
            paragraph (1) by not later than April 1 of each fiscal year for
            which funding is made available.
            (5) Requirement.--Notwithstanding any other provision of law,
        any project funded by a grant under this subsection shall be
        treated as a project on a Federal-aid highway under chapter 1 of
        title 23, United States Code.
        (c) Report.--Not later than 1 year after the date on which all of
    the projects funded with a grant under subsection (b) are completed,
    the Secretary shall submit to Congress a report that includes--
            (1) the findings of the studies described in subparagraphs (A)
        and (B) of subsection (a)(1);
            (2) the results of the projects that received a grant under
        subsection (b);
            (3) any recommendations for workforce development and training
        opportunities with respect to port electrification; and
            (4) any policy recommendations based on the findings and
        results described in paragraphs (1) and (2).
    SEC. 11403. CARBON REDUCTION PROGRAM.
        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 11203(a)), is amended by adding at the end the
    following:
    ``Sec. 175. Carbon reduction program
        ``(a) Definitions.--In this section:
            ``(1) Metropolitan planning organization; urbanized area.--The
        terms `metropolitan planning organization' and `urbanized area'
        have the meaning given those terms in section 134(b).
            ``(2) Transportation emissions.--The term `transportation
        emissions' means carbon dioxide emissions from on-road highway
        sources of those emissions within a State.
            ``(3) Transportation management area.--The term `transportation
        management area' means a transportation management area identified
        or designated by the Secretary under section 134(k)(1).
        ``(b) Establishment.--The Secretary shall establish a carbon
    reduction program to reduce transportation emissions.
        ``(c) Eligible Projects.--
            ``(1) In general.--Subject to paragraph (2), funds apportioned
        to a State under section 104(b)(7) may be obligated for projects to
        support the reduction of transportation emissions, including--
                ``(A) a project described in section 149(b)(4) to establish
            or operate a traffic monitoring, management, and control
            facility or program, including advanced truck stop
            electrification systems;
                ``(B) a public transportation project that is eligible for
            assistance under section 142;
                ``(C) a project described in section 101(a)(29) (as in
            effect on the day before the date of enactment of the FAST Act
            (Public Law 114-94; 129 Stat. 1312)), including the
            construction, planning, and design of on-road and off-road
            trail facilities for pedestrians, bicyclists, and other
            nonmotorized forms of transportation;
                ``(D) a project described in section 503(c)(4)(E) for
            advanced transportation and congestion management technologies;
                ``(E) a project for the deployment of infrastructure-based
            intelligent transportation systems capital improvements and the
            installation of vehicle-to-infrastructure communications
            equipment, including retrofitting dedicated short-range
            communications (DSRC) technology deployed as part of an
            existing pilot program to cellular vehicle-to-everything (C-
            V2X) technology;
                ``(F) a project to replace street lighting and traffic
            control devices with energy-efficient alternatives;
                ``(G) the development of a carbon reduction strategy in
            accordance with subsection (d);
                ``(H) a project or strategy that is designed to support
            congestion pricing, shifting transportation demand to nonpeak
            hours or other transportation modes, increasing vehicle
            occupancy rates, or otherwise reducing demand for roads,
            including electronic toll collection, and travel demand
            management strategies and programs;
                ``(I) efforts to reduce the environmental and community
            impacts of freight movement;
                ``(J) a project to support deployment of alternative fuel
            vehicles, including--
                    ``(i) the acquisition, installation, or operation of
                publicly accessible electric vehicle charging
                infrastructure or hydrogen, natural gas, or propane vehicle
                fueling infrastructure; and
                    ``(ii) the purchase or lease of zero-emission
                construction equipment and vehicles, including the
                acquisition, construction, or leasing of required
                supporting facilities;
                ``(K) a project described in section 149(b)(8) for a diesel
            engine retrofit;
                ``(L) a project described in section 149(b)(5) that does
            not result in the construction of new capacity; and
                ``(M) a project that reduces transportation emissions at
            port facilities, including through the advancement of port
            electrification.
            ``(2) Flexibility.--In addition to the eligible projects under
        paragraph (1), a State may use funds apportioned under section
        104(b)(7) for a project eligible under section 133(b) if the
        Secretary certifies that the State has demonstrated a reduction in
        transportation emissions--
                ``(A) as estimated on a per capita basis; and
                ``(B) as estimated on a per unit of economic output basis.
        ``(d) Carbon Reduction Strategy.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of the Surface Transportation Reauthorization Act of
        2021, a State, in consultation with any metropolitan planning
        organization designated within the State, shall develop a carbon
        reduction strategy in accordance with this subsection.
            ``(2) Requirements.--The carbon reduction strategy of a State
        developed under paragraph (1) shall--
                ``(A) support efforts to reduce transportation emissions;
                ``(B) identify projects and strategies to reduce
            transportation emissions, which may include projects and
            strategies for safe, reliable, and cost-effective options--
                    ``(i) to reduce traffic congestion by facilitating the
                use of alternatives to single-occupant vehicle trips,
                including public transportation facilities, pedestrian
                facilities, bicycle facilities, and shared or pooled
                vehicle trips within the State or an area served by the
                applicable metropolitan planning organization, if any;
                    ``(ii) to facilitate the use of vehicles or modes of
                travel that result in lower transportation emissions per
                person-mile traveled as compared to existing vehicles and
                modes; and
                    ``(iii) to facilitate approaches to the construction of
                transportation assets that result in lower transportation
                emissions as compared to existing approaches;
                ``(C) support the reduction of transportation emissions of
            the State;
                ``(D) at the discretion of the State, quantify the total
            carbon emissions from the production, transport, and use of
            materials used in the construction of transportation facilities
            within the State; and
                ``(E) be appropriate to the population density and context
            of the State, including any metropolitan planning organization
            designated within the State.
            ``(3) Updates.--The carbon reduction strategy of a State
        developed under paragraph (1) shall be updated not less frequently
        than once every 4 years.
            ``(4) Review.--Not later than 90 days after the date on which a
        State submits a request for the approval of a carbon reduction
        strategy developed by the State under paragraph (1), the Secretary
        shall--
                ``(A) review the process used to develop the carbon
            reduction strategy; and
                ``(B)(i) certify that the carbon reduction strategy meets
            the requirements of paragraph (2); or
                ``(ii) deny certification of the carbon reduction strategy
            and specify the actions necessary for the State to take to
            correct the deficiencies in the process of the State in
            developing the carbon reduction strategy.
            ``(5) Technical assistance.--At the request of a State, the
        Secretary shall provide technical assistance in the development of
        the carbon reduction strategy under paragraph (1).
        ``(e) Suballocation.--
            ``(1) In general.--For each fiscal year, of the funds
        apportioned to the State under section 104(b)(7)--
                ``(A) 65 percent shall be obligated, in proportion to their
            relative shares of the population of the State--
                    ``(i) in urbanized areas of the State with an urbanized
                area population of more than 200,000;
                    ``(ii) in urbanized areas of the State with an
                urbanized population of not less than 50,000 and not more
                than 200,000;
                    ``(iii) in urban areas of the State with a population
                of not less than 5,000 and not more than 49,999; and
                    ``(iv) in other areas of the State with a population of
                less than 5,000; and
                ``(B) the remainder may be obligated in any area of the
            State.
            ``(2) Metropolitan areas.--Funds attributed to an urbanized
        area under paragraph (1)(A)(i) may be obligated in the metropolitan
        area established under section 134 that encompasses the urbanized
        area.
            ``(3) Distribution among urbanized areas of over 50,000
        population.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the amounts that a State is required to obligate under clauses
            (i) and (ii) of paragraph (1)(A) shall be obligated in
            urbanized areas described in those clauses based on the
            relative population of the areas.
                ``(B) Other factors.--The State may obligate the funds
            described in subparagraph (A) based on other factors if--
                    ``(i) the State and the relevant metropolitan planning
                organizations jointly apply to the Secretary for the
                permission to base the obligation on other factors; and
                    ``(ii) the Secretary grants the request.
            ``(4) Coordination in urbanized areas.--Before obligating funds
        for an eligible project under subsection (c) in an urbanized area
        that is not a transportation management area, a State shall
        coordinate with any metropolitan planning organization that
        represents the urbanized area prior to determining which activities
        should be carried out under the project.
            ``(5) Consultation in rural areas.--Before obligating funds for
        an eligible project under subsection (c) in a rural area, a State
        shall consult with any regional transportation planning
        organization or metropolitan planning organization that represents
        the rural area prior to determining which activities should be
        carried out under the project.
            ``(6) Obligation authority.--
                ``(A) In general.--A State that is required to obligate in
            an urbanized area with an urbanized area population of 50,000
            or more under this subsection funds apportioned to the State
            under section 104(b)(7) shall make available during the period
            of fiscal years 2022 through 2026 an amount of obligation
            authority distributed to the State for Federal-aid highways and
            highway safety construction programs for use in the area that
            is equal to the amount obtained by multiplying--
                    ``(i) the aggregate amount of funds that the State is
                required to obligate in the area under this subsection
                during the period; and
                    ``(ii) the ratio that--

                        ``(I) the aggregate amount of obligation authority
                    distributed to the State for Federal-aid highways and
                    highway safety construction programs during the period;
                    bears to
                        ``(II) the total of the sums apportioned to the
                    State for Federal-aid highways and highway safety
                    construction programs (excluding sums not subject to an
                    obligation limitation) during the period.

                ``(B) Joint responsibility.--Each State, each affected
            metropolitan planning organization, and the Secretary shall
            jointly ensure compliance with subparagraph (A).
        ``(f) Federal Share.--The Federal share of the cost of a project
    carried out using funds apportioned to a State under section 104(b)(7)
    shall be determined in accordance with section 120.
        ``(g) Treatment of Projects.--Notwithstanding any other provision
    of law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under this chapter.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 11203(b)) is amended by
    inserting after the item relating to section 174 the following:
    ``175. Carbon reduction program.''.
    SEC. 11404. CONGESTION RELIEF PROGRAM.
        (a) In General.--Section 129 of title 23, United States Code, is
    amended by adding at the end the following:
        ``(d) Congestion Relief Program.--
            ``(1) Definitions.--In this subsection:
                ``(A) Eligible entity.--The term `eligible entity' means
            any of the following:
                    ``(i) A State, for the purpose of carrying out a
                project in an urbanized area with a population of more than
                1,000,000.
                    ``(ii) A metropolitan planning organization, city, or
                municipality, for the purpose of carrying out a project in
                an urbanized area with a population of more than 1,000,000.
                ``(B) Integrated congestion management system.--The term
            `integrated congestion management system' means a system for
            the integration of management and operations of a regional
            transportation system that includes, at a minimum, traffic
            incident management, work zone management, traffic signal
            timing, managed lanes, real-time traveler information, and
            active traffic management, in order to maximize the capacity of
            all facilities and modes across the applicable region.
                ``(C) Program.--The term `program' means the congestion
            relief program established under paragraph (2).
            ``(2) Establishment.--The Secretary shall establish a
        congestion relief program to provide discretionary grants to
        eligible entities to advance innovative, integrated, and multimodal
        solutions to congestion relief in the most congested metropolitan
        areas of the United States.
            ``(3) Program goals.--The goals of the program are to reduce
        highway congestion, reduce economic and environmental costs
        associated with that congestion, including transportation
        emissions, and optimize existing highway capacity and usage of
        highway and transit systems through--
                ``(A) improving intermodal integration with highways,
            highway operations, and highway performance;
                ``(B) reducing or shifting highway users to off-peak travel
            times or to nonhighway travel modes during peak travel times;
            and
                ``(C) pricing of, or based on, as applicable--
                    ``(i) parking;
                    ``(ii) use of roadways, including in designated
                geographic zones; or
                    ``(iii) congestion.
            ``(4) Eligible projects.--Funds from a grant under the program
        may be used for a project or an integrated collection of projects,
        including planning, design, implementation, and construction
        activities, to achieve the program goals under paragraph (3),
        including--
                ``(A) deployment and operation of an integrated congestion
            management system;
                ``(B) deployment and operation of a system that implements
            or enforces high occupancy vehicle toll lanes, cordon pricing,
            parking pricing, or congestion pricing;
                ``(C) deployment and operation of mobility services,
            including establishing account-based financial systems,
            commuter buses, commuter vans, express operations, paratransit,
            and on-demand microtransit; and
                ``(D) incentive programs that encourage travelers to
            carpool, use nonhighway travel modes during peak period, or
            travel during nonpeak periods.
            ``(5) Application; selection.--
                ``(A) Application.--To be eligible to receive a grant under
            the program, an eligible entity shall submit to the Secretary
            an application at such time, in such manner, and containing
            such information as the Secretary may require.
                ``(B) Priority.--In providing grants under the program, the
            Secretary shall give priority to projects in urbanized areas
            that are experiencing a high degree of recurrent congestion.
                ``(C) Federal share.--The Federal share of the cost of a
            project carried out with a grant under the program shall not
            exceed 80 percent of the total project cost.
                ``(D) Minimum award.--A grant provided under the program
            shall be not less than $10,000,000.
            ``(6) Use of tolling.--
                ``(A) In general.--Notwithstanding subsection (a)(1) and
            section 301 and subject to subparagraphs (B) and (C), the
            Secretary shall allow the use of tolls on the Interstate System
            as part of a project carried out with a grant under the
            program.
                ``(B) Requirements.--The Secretary may only approve the use
            of tolls under subparagraph (A) if--
                    ``(i) the eligible entity has authority under State,
                and if applicable, local, law to assess the applicable
                toll;
                    ``(ii) the maximum toll rate for any vehicle class is
                not greater than the product obtained by multiplying--

                        ``(I) the toll rate for any other vehicle class;
                    and
                        ``(II) 5;

                    ``(iii) the toll rates are not charged or varied on the
                basis of State residency;
                    ``(iv) the Secretary determines that the use of tolls
                will enable the eligible entity to achieve the program
                goals under paragraph (3) without a significant impact to
                safety or mobility within the urbanized area in which the
                project is located; and
                    ``(v) the use of toll revenues complies with subsection
                (a)(3).
                ``(C) Limitation.--The Secretary may not approve the use of
            tolls on the Interstate System under the program in more than
            10 urbanized areas.
            ``(7) Financial effects on low-income drivers.--A project under
        the program--
                ``(A) shall include, if appropriate, an analysis of the
            potential effects of the project on low-income drivers; and
                ``(B) may include mitigation measures to deal with any
            potential adverse financial effects on low-income drivers.''.
        (b) High Occupancy Vehicle Use of Certain Toll Facilities.--Section
    129(a) of title 23, United States Code, is amended--
            (1) by redesignating paragraph (10) as paragraph (11); and
            (2) by inserting after paragraph (9) the following:
            ``(10) High occupancy vehicle use of certain toll facilities.--
        Notwithstanding section 102(a), in the case of a toll facility that
        is on the Interstate System and that is constructed or converted
        after the date of enactment of the Surface Transportation
        Reauthorization Act of 2021, the public authority with jurisdiction
        over the toll facility shall allow high occupancy vehicles,
        transit, and paratransit vehicles to use the facility at a discount
        rate or without charge, unless the public authority, in
        consultation with the Secretary, determines that the number of
        those vehicles using the facility reduces the travel time
        reliability of the facility.''.
    SEC. 11405. PROMOTING RESILIENT OPERATIONS FOR TRANSFORMATIVE,
    EFFICIENT, AND COST-SAVING TRANSPORTATION (PROTECT) PROGRAM.
        (a) In General.--Chapter 1 of title 23, United States Code (as
    amended by section 11403(a)), is amended by adding at the end the
    following:
    ``Sec. 176. Promoting Resilient Operations for Transformative,
       Efficient, and Cost-saving Transportation (PROTECT) program
        ``(a) Definitions.--In this section:
            ``(1) Emergency event.--The term `emergency event' means a
        natural disaster or catastrophic failure resulting in--
                ``(A) an emergency declared by the Governor of the State in
            which the disaster or failure occurred; or
                ``(B) an emergency or disaster declared by the President.
            ``(2) Evacuation route.--The term `evacuation route' means a
        transportation route or system that--
                ``(A) is owned, operated, or maintained by a Federal,
            State, Tribal, or local government;
                ``(B) is used--
                    ``(i) to transport the public away from emergency
                events; or
                    ``(ii) to transport emergency responders and recovery
                resources; and
                ``(C) is designated by the eligible entity with
            jurisdiction over the area in which the route is located for
            the purposes described in subparagraph (B).
            ``(3) Program.--The term `program' means the program
        established under subsection (b)(1).
            ``(4) Resilience improvement.--The term `resilience
        improvement' means the use of materials or structural or
        nonstructural techniques, including natural infrastructure--
                ``(A) that allow a project--
                    ``(i) to better anticipate, prepare for, and adapt to
                changing conditions and to withstand and respond to
                disruptions; and
                    ``(ii) to be better able to continue to serve the
                primary function of the project during and after weather
                events and natural disasters for the expected life of the
                project; or
                ``(B) that--
                    ``(i) reduce the magnitude and duration of impacts of
                current and future weather events and natural disasters to
                a project; or
                    ``(ii) have the absorptive capacity, adaptive capacity,
                and recoverability to decrease project vulnerability to
                current and future weather events or natural disasters.
        ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish a program, to
        be known as the `Promoting Resilient Operations for Transformative,
        Efficient, and Cost-saving Transportation program' or the `PROTECT
        program'.
            ``(2) Purpose.--The purpose of the program is to provide grants
        for resilience improvements through--
                ``(A) formula funding distributed to States to carry out
            subsection (c);
                ``(B) competitive planning grants to enable communities to
            assess vulnerabilities to current and future weather events and
            natural disasters and changing conditions, including sea level
            rise, and plan transportation improvements and emergency
            response strategies to address those vulnerabilities; and
                ``(C) competitive resilience improvement grants to
            protect--
                    ``(i) surface transportation assets by making the
                assets more resilient to current and future weather events
                and natural disasters, such as severe storms, flooding,
                drought, levee and dam failures, wildfire, rockslides,
                mudslides, sea level rise, extreme weather, including
                extreme temperature, and earthquakes;
                    ``(ii) communities through resilience improvements and
                strategies that allow for the continued operation or rapid
                recovery of surface transportation systems that--

                        ``(I) serve critical local, regional, and national
                    needs, including evacuation routes; and
                        ``(II) provide access or service to hospitals and
                    other medical or emergency service facilities, major
                    employers, critical manufacturing centers, ports and
                    intermodal facilities, utilities, and Federal
                    facilities;

                    ``(iii) coastal infrastructure, such as a tide gate to
                protect highways, that is at long-term risk to sea level
                rise; and
                    ``(iv) natural infrastructure that protects and
                enhances surface transportation assets while improving
                ecosystem conditions, including culverts that ensure
                adequate flows in rivers and estuarine systems.
        ``(c) Eligible Activities for Apportioned Funding.--
            ``(1) In general.--Except as provided in paragraph (2), funds
        apportioned to the State under section 104(b)(8) shall be obligated
        for activities eligible under subparagraph (A), (B), or (C) of
        subsection (d)(4).
            ``(2) Planning set-aside.--Of the funds apportioned to a State
        under section 104(b)(8) for each fiscal year, not less than 2
        percent shall be for activities described in subsection (d)(3).
            ``(3) Requirements.--
                ``(A) Projects in certain areas.--If a project under this
            subsection is carried out, in whole or in part, within a base
            floodplain, the State shall--
                    ``(i) identify the base floodplain in which the project
                is to be located and disclose that information to the
                Secretary; and
                    ``(ii) indicate to the Secretary whether the State
                plans to implement 1 or more components of the risk
                mitigation plan under section 322 of the Robert T. Stafford
                Disaster Relief and Emergency Assistance Act (42 U.S.C.
                5165) with respect to the area.
                ``(B) Eligibilities.--A State shall use funds apportioned
            to the State under section 104(b)(8) for--
                    ``(i) a highway project eligible for assistance under
                this title;
                    ``(ii) a public transportation facility or service
                eligible for assistance under chapter 53 of title 49; or
                    ``(iii) a port facility, including a facility that--

                        ``(I) connects a port to other modes of
                    transportation;
                        ``(II) improves the efficiency of evacuations and
                    disaster relief; or
                        ``(III) aids transportation.

                ``(C) System resilience.--A project carried out by a State
            with funds apportioned to the State under section 104(b)(8) may
            include the use of natural infrastructure or the construction
            or modification of storm surge, flood protection, or aquatic
            ecosystem restoration elements that are functionally connected
            to a transportation improvement, such as--
                    ``(i) increasing marsh health and total area adjacent
                to a highway right-of-way to promote additional flood
                storage;
                    ``(ii) upgrades to and installation of culverts
                designed to withstand 100-year flood events;
                    ``(iii) upgrades to and installation of tide gates to
                protect highways;
                    ``(iv) upgrades to and installation of flood gates to
                protect tunnel entrances; and
                    ``(v) improving functionality and resiliency of
                stormwater controls, including inventory inspections,
                upgrades to, and preservation of best management practices
                to protect surface transportation infrastructure.
                ``(D) Federal cost share.--
                    ``(i) In general.--Except as provided in subsection
                (e)(1), the Federal share of the cost of a project carried
                out using funds apportioned to the State under section
                104(b)(8) shall not exceed 80 percent of the total project
                cost.
                    ``(ii) Non-federal share.--A State may use Federal
                funds other than Federal funds apportioned to the State
                under section 104(b)(8) to meet the non-Federal cost share
                requirement for a project under this subsection.
                ``(E) Eligible project costs.--
                    ``(i) In general.--Except as provided in clause (ii),
                eligible project costs for activities carried out by a
                State with funds apportioned to the State under section
                104(b)(8) may include the costs of--

                        ``(I) development phase activities, including
                    planning, feasibility analysis, revenue forecasting,
                    environmental review, preliminary engineering and
                    design work, and other preconstruction activities; and
                        ``(II) construction, reconstruction,
                    rehabilitation, and acquisition of real property
                    (including land related to the project and improvements
                    to land), environmental mitigation, construction
                    contingencies, acquisition of equipment directly
                    related to improving system performance, and
                    operational improvements.

                    ``(ii) Eligible planning costs.--In the case of a
                planning activity described in subsection (d)(3) that is
                carried out by a State with funds apportioned to the State
                under section 104(b)(8), eligible costs may include
                development phase activities, including planning,
                feasibility analysis, revenue forecasting, environmental
                review, preliminary engineering and design work, other
                preconstruction activities, and other activities consistent
                with carrying out the purposes of subsection (d)(3).
                ``(F) Limitations.--A State--
                    ``(i) may use not more than 40 percent of the amounts
                apportioned to the State under section 104(b)(8) for the
                construction of new capacity; and
                    ``(ii) may use not more than 10 percent of the amounts
                apportioned to the State under section 104(b)(8) for
                activities described in subparagraph (E)(i)(I).
        ``(d) Competitive Awards.--
            ``(1) In general.--In addition to funds apportioned to States
        under section 104(b)(8) to carry out activities under subsection
        (c), the Secretary shall provide grants on a competitive basis
        under this subsection to eligible entities described in paragraph
        (2).
            ``(2) Eligible entities.--Except as provided in paragraph
        (4)(C), the Secretary may make a grant under this subsection to any
        of the following:
                ``(A) A State or political subdivision of a State.
                ``(B) A metropolitan planning organization.
                ``(C) A unit of local government.
                ``(D) A special purpose district or public authority with a
            transportation function, including a port authority.
                ``(E) An Indian tribe (as defined in section 207(m)(1)).
                ``(F) A Federal land management agency that applies jointly
            with a State or group of States.
                ``(G) A multi-State or multijurisdictional group of
            entities described in subparagraphs (A) through (F).
            ``(3) Planning grants.--Using funds made available under this
        subsection, the Secretary shall provide planning grants to eligible
        entities for the purpose of--
                ``(A) in the case of a State or metropolitan planning
            organization, developing a resilience improvement plan under
            subsection (e)(2);
                ``(B) resilience planning, predesign, design, or the
            development of data tools to simulate transportation disruption
            scenarios, including vulnerability assessments;
                ``(C) technical capacity building by the eligible entity to
            facilitate the ability of the eligible entity to assess the
            vulnerabilities of the surface transportation assets and
            community response strategies of the eligible entity under
            current conditions and a range of potential future conditions;
            or
                ``(D) evacuation planning and preparation.
            ``(4) Resilience grants.--
                ``(A) Resilience improvement grants.--
                    ``(i) In general.--Using funds made available under
                this subsection, the Secretary shall provide resilience
                improvement grants to eligible entities to carry out 1 or
                more eligible activities under clause (ii).
                    ``(ii) Eligible activities.--

                        ``(I) In general.--An eligible entity may use a
                    resilience improvement grant under this subparagraph
                    for 1 or more construction activities to improve the
                    ability of an existing surface transportation asset to
                    withstand 1 or more elements of a weather event or
                    natural disaster, or to increase the resilience of
                    surface transportation infrastructure from the impacts
                    of changing conditions, such as sea level rise,
                    flooding, wildfires, extreme weather events, and other
                    natural disasters.
                        ``(II) Inclusions.--An activity eligible to be
                    carried out under this subparagraph includes--

                            ``(aa) resurfacing, restoration,
                        rehabilitation, reconstruction, replacement,
                        improvement, or realignment of an existing surface
                        transportation facility eligible for assistance
                        under this title;
                            ``(bb) the incorporation of natural
                        infrastructure;
                            ``(cc) the upgrade of an existing surface
                        transportation facility to meet or exceed a design
                        standard adopted by the Federal Highway
                        Administration;
                            ``(dd) the installation of mitigation measures
                        that prevent the intrusion of floodwaters into
                        surface transportation systems;
                            ``(ee) strengthening systems that remove
                        rainwater from surface transportation facilities;
                            ``(ff) upgrades to and installation of
                        structural stormwater controls;
                            ``(gg) a resilience project that addresses
                        identified vulnerabilities described in the
                        resilience improvement plan of the eligible entity,
                        if applicable;
                            ``(hh) relocating roadways in a base floodplain
                        to higher ground above projected flood elevation
                        levels, or away from slide prone areas;
                            ``(ii) stabilizing slide areas or slopes;
                            ``(jj) installing riprap;
                            ``(kk) lengthening or raising bridges to
                        increase waterway openings, including to respond to
                        extreme weather;
                            ``(ll) increasing the size or number of
                        drainage structures;
                            ``(mm) installing seismic retrofits on bridges;
                            ``(nn) adding scour protection at bridges;
                            ``(oo) adding scour, stream stability, coastal,
                        and other hydraulic countermeasures, including spur
                        dikes;
                            ``(pp) vegetation management practices in
                        transportation rights-of-way to improve roadway
                        safety, prevent against invasive species,
                        facilitate wildfire control, and provide erosion
                        control; and
                            ``(qq) any other protective features, including
                        natural infrastructure, as determined by the
                        Secretary.
                    ``(iii) Priority.--The Secretary shall prioritize a
                resilience improvement grant to an eligible entity if--

                        ``(I) the Secretary determines--

                            ``(aa) the benefits of the eligible activity
                        proposed to be carried out by the eligible entity
                        exceed the costs of the activity; and
                            ``(bb) there is a need to address the
                        vulnerabilities of surface transportation assets of
                        the eligible entity with a high risk of, and
                        impacts associated with, failure due to the impacts
                        of weather events, natural disasters, or changing
                        conditions, such as sea level rise, wildfires, and
                        increased flood risk; or

                        ``(II) the eligible activity proposed to be carried
                    out by the eligible entity is included in the
                    applicable resilience improvement plan under subsection
                    (e)(2).

                ``(B) Community resilience and evacuation route grants.--
                    ``(i) In general.--Using funds made available under
                this subsection, the Secretary shall provide community
                resilience and evacuation route grants to eligible entities
                to carry out 1 or more eligible activities under clause
                (ii).
                    ``(ii) Eligible activities.--An eligible entity may use
                a community resilience and evacuation route grant under
                this subparagraph for 1 or more projects that strengthen
                and protect evacuation routes that are essential for
                providing and supporting evacuations caused by emergency
                events, including a project that--

                        ``(I) is an eligible activity under subparagraph
                    (A)(ii), if that eligible activity will improve an
                    evacuation route;
                        ``(II) ensures the ability of the evacuation route
                    to provide safe passage during an evacuation and
                    reduces the risk of damage to evacuation routes as a
                    result of future emergency events, including restoring
                    or replacing existing evacuation routes that are in
                    poor condition or not designed to meet the anticipated
                    demand during an emergency event, and including steps
                    to protect routes from mud, rock, or other debris
                    slides;
                        ``(III) if the eligible entity notifies the
                    Secretary that existing evacuation routes are not
                    sufficient to adequately facilitate evacuations,
                    including the transportation of emergency responders
                    and recovery resources, expands the capacity of
                    evacuation routes to swiftly and safely accommodate
                    evacuations, including installation of--

                            ``(aa) communications and intelligent
                        transportation system equipment and infrastructure;
                            ``(bb) counterflow measures; or
                            ``(cc) shoulders;

                        ``(IV) is for the construction of new or redundant
                    evacuation routes, if the eligible entity notifies the
                    Secretary that existing evacuation routes are not
                    sufficient to adequately facilitate evacuations,
                    including the transportation of emergency responders
                    and recovery resources;
                        ``(V) is for the acquisition of evacuation route or
                    traffic incident management equipment or signage; or
                        ``(VI) will ensure access or service to critical
                    destinations, including hospitals and other medical or
                    emergency service facilities, major employers, critical
                    manufacturing centers, ports and intermodal facilities,
                    utilities, and Federal facilities.

                    ``(iii) Priority.--The Secretary shall prioritize
                community resilience and evacuation route grants under this
                subparagraph for eligible activities that are cost-
                effective, as determined by the Secretary, taking into
                account--

                        ``(I) current and future vulnerabilities to an
                    evacuation route due to future occurrence or recurrence
                    of emergency events that are likely to occur in the
                    geographic area in which the evacuation route is
                    located; and
                        ``(II) projected changes in development patterns,
                    demographics, and extreme weather events based on the
                    best available evidence and analysis.

                    ``(iv) Consultation.--In providing grants for community
                resilience and evacuation routes under this subparagraph,
                the Secretary may consult with the Administrator of the
                Federal Emergency Management Agency, who may provide
                technical assistance to the Secretary and to eligible
                entities.
                ``(C) At-risk coastal infrastructure grants.--
                    ``(i) Definition of eligible entity.--In this
                subparagraph, the term `eligible entity' means any of the
                following:

                        ``(I) A State (including the United States Virgin
                    Islands, Guam, American Samoa, and the Commonwealth of
                    the Northern Mariana Islands) in, or bordering on, the
                    Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico,
                    Long Island Sound, or 1 or more of the Great Lakes.
                        ``(II) A political subdivision of a State described
                    in subclause (I).
                        ``(III) A metropolitan planning organization in a
                    State described in subclause (I).
                        ``(IV) A unit of local government in a State
                    described in subclause (I).
                        ``(V) A special purpose district or public
                    authority with a transportation function, including a
                    port authority, in a State described in subclause (I).
                        ``(VI) An Indian tribe in a State described in
                    subclause (I).
                        ``(VII) A Federal land management agency that
                    applies jointly with a State or group of States
                    described in subclause (I).
                        ``(VIII) A multi-State or multijurisdictional group
                    of entities described in subclauses (I) through (VII).

                    ``(ii) Grants.--Using funds made available under this
                subsection, the Secretary shall provide at-risk coastal
                infrastructure grants to eligible entities to carry out 1
                or more eligible activities under clause (iii).
                    ``(iii) Eligible activities.--An eligible entity may
                use an at-risk coastal infrastructure grant under this
                subparagraph for strengthening, stabilizing, hardening,
                elevating, relocating, or otherwise enhancing the
                resilience of highway and non-rail infrastructure,
                including bridges, roads, pedestrian walkways, and bicycle
                lanes, and associated infrastructure, such as culverts and
                tide gates to protect highways, that are subject to, or
                face increased long-term future risks of, a weather event,
                a natural disaster, or changing conditions, including
                coastal flooding, coastal erosion, wave action, storm
                surge, or sea level rise, in order to improve
                transportation and public safety and to reduce costs by
                avoiding larger future maintenance or rebuilding costs.
                    ``(iv) Criteria.--The Secretary shall provide at-risk
                coastal infrastructure grants under this subparagraph for a
                project--

                        ``(I) that addresses the risks from a current or
                    future weather event or natural disaster, including
                    coastal flooding, coastal erosion, wave action, storm
                    surge, or sea level change; and
                        ``(II) that reduces long-term infrastructure costs
                    by avoiding larger future maintenance or rebuilding
                    costs.

                    ``(v) Coastal benefits.--In addition to the criteria
                under clause (iv), for the purpose of providing at-risk
                coastal infrastructure grants under this subparagraph, the
                Secretary shall evaluate the extent to which a project will
                provide--

                        ``(I) access to coastal homes, businesses,
                    communities, and other critical infrastructure,
                    including access by first responders and other
                    emergency personnel; or
                        ``(II) access to a designated evacuation route.

            ``(5) Grant requirements.--
                ``(A) Solicitations for grants.--In providing grants under
            this subsection, the Secretary shall conduct a transparent and
            competitive national solicitation process to select eligible
            projects to receive grants under paragraph (3) and
            subparagraphs (A), (B), and (C) of paragraph (4).
                ``(B) Applications.--
                    ``(i) In general.--To be eligible to receive a grant
                under paragraph (3) or subparagraph (A), (B), or (C) of
                paragraph (4), an eligible entity shall submit to the
                Secretary an application in such form, at such time, and
                containing such information as the Secretary determines to
                be necessary.
                    ``(ii) Projects in certain areas.--If a project is
                proposed to be carried out by the eligible entity, in whole
                or in part, within a base floodplain, the eligible entity
                shall--

                        ``(I) as part of the application, identify the
                    floodplain in which the project is to be located and
                    disclose that information to the Secretary; and
                        ``(II) indicate in the application whether, if
                    selected, the eligible entity will implement 1 or more
                    components of the risk mitigation plan under section
                    322 of the Robert T. Stafford Disaster Relief and
                    Emergency Assistance Act (42 U.S.C. 5165) with respect
                    to the area.

                ``(C) Eligibilities.--The Secretary may make a grant under
            paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4)
            only for--
                    ``(i) a highway project eligible for assistance under
                this title;
                    ``(ii) a public transportation facility or service
                eligible for assistance under chapter 53 of title 49;
                    ``(iii) a facility or service for intercity rail
                passenger transportation (as defined in section 24102 of
                title 49); or
                    ``(iv) a port facility, including a facility that--

                        ``(I) connects a port to other modes of
                    transportation;
                        ``(II) improves the efficiency of evacuations and
                    disaster relief; or
                        ``(III) aids transportation.

                ``(D) System resilience.--A project for which a grant is
            provided under paragraph (3) or subparagraph (A), (B), or (C)
            of paragraph (4) may include the use of natural infrastructure
            or the construction or modification of storm surge, flood
            protection, or aquatic ecosystem restoration elements that the
            Secretary determines are functionally connected to a
            transportation improvement, such as--
                    ``(i) increasing marsh health and total area adjacent
                to a highway right-of-way to promote additional flood
                storage;
                    ``(ii) upgrades to and installing of culverts designed
                to withstand 100-year flood events;
                    ``(iii) upgrades to and installation of tide gates to
                protect highways; and
                    ``(iv) upgrades to and installation of flood gates to
                protect tunnel entrances.
                ``(E) Federal cost share.--
                    ``(i) Planning grant.--The Federal share of the cost of
                a planning activity carried out using a planning grant
                under paragraph (3) shall be 100 percent.
                    ``(ii) Resilience grants.--

                        ``(I) In general.--Except as provided in subclause
                    (II) and subsection (e)(1), the Federal share of the
                    cost of a project carried out using a grant under
                    subparagraph (A), (B), or (C) of paragraph (4) shall
                    not exceed 80 percent of the total project cost.
                        ``(II) Tribal projects.--On the determination of
                    the Secretary, the Federal share of the cost of a
                    project carried out using a grant under subparagraph
                    (A), (B), or (C) of paragraph (4) by an Indian tribe
                    (as defined in section 207(m)(1)) may be up to 100
                    percent.

                    ``(iii) Non-federal share.--The eligible entity may use
                Federal funds other than Federal funds provided under this
                subsection to meet the non-Federal cost share requirement
                for a project carried out with a grant under this
                subsection.
                ``(F) Eligible project costs.--
                    ``(i) Resilience grant projects.--Eligible project
                costs for activities funded with a grant under subparagraph
                (A), (B), or (C) of paragraph (4) may include the costs
                of--

                        ``(I) development phase activities, including
                    planning, feasibility analysis, revenue forecasting,
                    environmental review, preliminary engineering and
                    design work, and other preconstruction activities; and
                        ``(II) construction, reconstruction,
                    rehabilitation, and acquisition of real property
                    (including land related to the project and improvements
                    to land), environmental mitigation, construction
                    contingencies, acquisition of equipment directly
                    related to improving system performance, and
                    operational improvements.

                    ``(ii) Planning grants.--Eligible project costs for
                activities funded with a grant under paragraph (3) may
                include the costs of development phase activities,
                including planning, feasibility analysis, revenue
                forecasting, environmental review, preliminary engineering
                and design work, other preconstruction activities, and
                other activities consistent with carrying out the purposes
                of that paragraph.
                ``(G) Limitations.--
                    ``(i) In general.--An eligible entity that receives a
                grant under subparagraph (A), (B), or (C) of paragraph
                (4)--

                        ``(I) may use not more than 40 percent of the
                    amount of the grant for the construction of new
                    capacity; and
                        ``(II) may use not more than 10 percent of the
                    amount of the grant for activities described in
                    subparagraph (F)(i)(I).

                    ``(ii) Limit on certain activities.--For each fiscal
                year, not more than 25 percent of the total amount provided
                under this subsection may be used for projects described in
                subparagraph (C)(iii).
                ``(H) Distribution of grants.--
                    ``(i) In general.--Subject to the availability of
                funds, an eligible entity may request and the Secretary may
                distribute funds for a grant under this subsection on a
                multiyear basis, as the Secretary determines to be
                necessary.
                    ``(ii) Rural set-aside.--Of the amounts made available
                to carry out this subsection for each fiscal year, the
                Secretary shall use not less than 25 percent for grants for
                projects located in areas that are outside an urbanized
                area with a population of over 200,000.
                    ``(iii) Tribal set-aside.--Of the amounts made
                available to carry out this subsection for each fiscal
                year, the Secretary shall use not less than 2 percent for
                grants to Indian tribes (as defined in section 207(m)(1)).
                    ``(iv) Reallocation.--For any fiscal year, if the
                Secretary determines that the amount described in clause
                (ii) or (iii) will not be fully utilized for the grant
                described in that clause, the Secretary may reallocate the
                unutilized funds to provide grants to other eligible
                entities under this subsection.
            ``(6) Consultation.--In carrying out this subsection, the
        Secretary shall--
                ``(A) consult with the Assistant Secretary of the Army for
            Civil Works, the Administrator of the Environmental Protection
            Agency, the Secretary of the Interior, and the Secretary of
            Commerce; and
                ``(B) solicit technical support from the Administrator of
            the Federal Emergency Management Agency.
            ``(7) Grant administration.--The Secretary may--
                ``(A) retain not more than a total of 5 percent of the
            funds made available to carry out this subsection and to review
            applications for grants under this subsection; and
                ``(B) transfer portions of the funds retained under
            subparagraph (A) to the relevant Administrators to fund the
            award and oversight of grants provided under this subsection.
        ``(e) Resilience Improvement Plan and Lower Non-Federal Share.--
            ``(1) Federal share reductions.--
                ``(A) In general.--A State that receives funds apportioned
            to the State under section 104(b)(8) or an eligible entity that
            receives a grant under subsection (d) shall have the non-
            Federal share of a project carried out with the funds or grant,
            as applicable, reduced by an amount described in subparagraph
            (B) if the State or eligible entity meets the applicable
            requirements under that subparagraph.
                ``(B) Amount of reductions.--
                    ``(i) Resilience improvement plan.--Subject to clause
                (iii), the amount of the non-Federal share of the costs of
                a project carried out with funds apportioned to a State
                under section 104(b)(8) or a grant under subsection (d)
                shall be reduced by 7 percentage points if--

                        ``(I) in the case of a State or an eligible entity
                    that is a State or a metropolitan planning
                    organization, the State or eligible entity has--

                            ``(aa) developed a resilience improvement plan
                        in accordance with this subsection; and
                            ``(bb) prioritized the project on that
                        resilience improvement plan; and

                        ``(II) in the case of an eligible entity not
                    described in subclause (I), the eligible entity is
                    located in a State or an area served by a metropolitan
                    planning organization that has--

                            ``(aa) developed a resilience improvement plan
                        in accordance with this subsection; and
                            ``(bb) prioritized the project on that
                        resilience improvement plan.
                    ``(ii) Incorporation of resilience improvement plan in
                other planning.--Subject to clause (iii), the amount of the
                non-Federal share of the cost of a project carried out with
                funds under subsection (c) or a grant under subsection (d)
                shall be reduced by 3 percentage points if--

                        ``(I) in the case of a State or an eligible entity
                    that is a State or a metropolitan planning
                    organization, the resilience improvement plan developed
                    in accordance with this subsection has been
                    incorporated into the metropolitan transportation plan
                    under section 134 or the long-range statewide
                    transportation plan under section 135, as applicable;
                    and
                        ``(II) in the case of an eligible entity not
                    described in subclause (I), the eligible entity is
                    located in a State or an area served by a metropolitan
                    planning organization that incorporated a resilience
                    improvement plan into the metropolitan transportation
                    plan under section 134 or the long-range statewide
                    transportation plan under section 135, as applicable.

                    ``(iii) Limitations.--

                        ``(I) Maximum reduction.--A State or eligible
                    entity may not receive a reduction under this paragraph
                    of more than 10 percentage points for any single
                    project carried out with funds under subsection (c) or
                    a grant under subsection (d).
                        ``(II) No negative non-federal share.--A reduction
                    under this paragraph shall not reduce the non-Federal
                    share of the costs of a project carried out with funds
                    under subsection (c) or a grant under subsection (d) to
                    an amount that is less than zero.

            ``(2) Plan contents.--A resilience improvement plan referred to
        in paragraph (1)--
                ``(A) shall be for the immediate and long-range planning
            activities and investments of the State or metropolitan
            planning organization with respect to resilience of the surface
            transportation system within the boundaries of the State or
            metropolitan planning organization, as applicable;
                ``(B) shall demonstrate a systemic approach to surface
            transportation system resilience and be consistent with and
            complementary of the State and local mitigation plans required
            under section 322 of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5165);
                ``(C) shall include a risk-based assessment of
            vulnerabilities of transportation assets and systems to current
            and future weather events and natural disasters, such as severe
            storms, flooding, drought, levee and dam failures, wildfire,
            rockslides, mudslides, sea level rise, extreme weather,
            including extreme temperatures, and earthquakes;
                ``(D) may--
                    ``(i) designate evacuation routes and strategies,
                including multimodal facilities, designated with
                consideration for individuals without access to personal
                vehicles;
                    ``(ii) plan for response to anticipated emergencies,
                including plans for the mobility of--

                        ``(I) emergency response personnel and equipment;
                    and
                        ``(II) access to emergency services, including for
                    vulnerable or disadvantaged populations;

                    ``(iii) describe the resilience improvement policies,
                including strategies, land-use and zoning changes,
                investments in natural infrastructure, or performance
                measures that will inform the transportation investment
                decisions of the State or metropolitan planning
                organization with the goal of increasing resilience;
                    ``(iv) include an investment plan that--

                        ``(I) includes a list of priority projects; and
                        ``(II) describes how funds apportioned to the State
                    under section 104(b)(8) or provided by a grant under
                    the program would be invested and matched, which shall
                    not be subject to fiscal constraint requirements; and

                    ``(v) use science and data and indicate the source of
                data and methodologies; and
                ``(E) shall, as appropriate--
                    ``(i) include a description of how the plan will
                improve the ability of the State or metropolitan planning
                organization--

                        ``(I) to respond promptly to the impacts of weather
                    events and natural disasters; and
                        ``(II) to be prepared for changing conditions, such
                    as sea level rise and increased flood risk;

                    ``(ii) describe the codes, standards, and regulatory
                framework, if any, adopted and enforced to ensure
                resilience improvements within the impacted area of
                proposed projects included in the resilience improvement
                plan;
                    ``(iii) consider the benefits of combining hard surface
                transportation assets, and natural infrastructure, through
                coordinated efforts by the Federal Government and the
                States;
                    ``(iv) assess the resilience of other community assets,
                including buildings and housing, emergency management
                assets, and energy, water, and communication
                infrastructure;
                    ``(v) use a long-term planning period; and
                    ``(vi) include such other information as the State or
                metropolitan planning organization considers appropriate.
            ``(3) No new planning requirements.--Nothing in this section
        requires a metropolitan planning organization or a State to develop
        a resilience improvement plan or to include a resilience
        improvement plan under the metropolitan transportation plan under
        section 134 or the long-range statewide transportation plan under
        section 135, as applicable, of the metropolitan planning
        organization or State.
        ``(f) Monitoring.--
            ``(1) In general.--Not later than 18 months after the date of
        enactment of this section, the Secretary shall--
                ``(A) establish, for the purpose of evaluating the
            effectiveness and impacts of projects carried out with a grant
            under subsection (d)--
                    ``(i) subject to paragraph (2), transportation and any
                other metrics as the Secretary determines to be necessary;
                and
                    ``(ii) procedures for monitoring and evaluating
                projects based on those metrics; and
                ``(B) select a representative sample of projects to
            evaluate based on the metrics and procedures established under
            subparagraph (A).
            ``(2) Notice.--Before adopting any metrics described in
        paragraph (1), the Secretary shall--
                ``(A) publish the proposed metrics in the Federal Register;
            and
                ``(B) provide to the public an opportunity for comment on
            the proposed metrics.
        ``(g) Reports.--
            ``(1) Reports from eligible entities.--Not later than 1 year
        after the date on which a project carried out with a grant under
        subsection (d) is completed, the eligible entity that carried out
        the project shall submit to the Secretary a report on the results
        of the project and the use of the funds awarded.
            ``(2) Reports to congress.--
                ``(A) Annual reports.--The Secretary shall submit to the
            Committee on Environment and Public Works of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives, and publish on the website of the Department
            of Transportation, an annual report that describes the
            implementation of the program during the preceding calendar
            year, including--
                    ``(i) each project for which a grant was provided under
                subsection (d);
                    ``(ii) information relating to project applications
                received;
                    ``(iii) the manner in which the consultation
                requirements were implemented under subsection (d);
                    ``(iv) recommendations to improve the administration of
                subsection (d), including whether assistance from
                additional or fewer agencies to carry out the program is
                appropriate;
                    ``(v) the period required to disburse grant funds to
                eligible entities based on applicable Federal coordination
                requirements; and
                    ``(vi) a list of facilities that repeatedly require
                repair or reconstruction due to emergency events.
                ``(B) Final report.--Not later than 5 years after the date
            of enactment of the Surface Transportation Reauthorization Act
            of 2021, the Secretary shall submit to Congress a report that
            includes the results of the reports submitted under
            subparagraph (A).
        ``(h) Treatment of Projects.--Notwithstanding any other provision
    of law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under this chapter.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code (as amended by section 11403(b)), is amended by
    inserting after the item relating to section 175 the following:
    ``176. Promoting Resilient Operations for Transformative, Efficient, and
              Cost-saving Transportation (PROTECT) program.''.
    SEC. 11406. HEALTHY STREETS PROGRAM.
        (a) Definitions.--In this section:
            (1) Cool pavement.--The term ``cool pavement'' means a pavement
        with reflective surfaces with higher albedo to decrease the surface
        temperature of that pavement.
            (2) Eligible entity.--The term ``eligible entity'' means--
                (A) a State;
                (B) a metropolitan planning organization;
                (C) a unit of local government;
                (D) a Tribal government; and
                (E) a nonprofit organization working in coordination with
            an entity described in subparagraphs (A) through (D).
            (3) Low-income community.--The term ``low-income community''
        means a census block group in which not less than 30 percent of the
        population lives below the poverty line (as defined in section 673
        of the Community Services Block Grant Act (42 U.S.C. 9902)).
            (4) Porous pavement.--The term ``porous pavement'' means a
        paved surface with a higher than normal percentage of air voids to
        allow water to pass through the surface and infiltrate into the
        subsoil.
            (5) Program.--The term ``program'' means the Healthy Streets
        program established under subsection (b).
            (6) State.--The term ``State'' has the meaning given the term
        in section 101(a) of title 23, United States Code.
            (7) Tribal government.--The term ``Tribal government'' means
        the recognized governing body of any Indian or Alaska Native tribe,
        band, nation, pueblo, village, community, component band, or
        component reservation, individually identified (including
        parenthetically) in the list published most recently as of the date
        of enactment of this Act pursuant to section 104 of the Federally
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
        (b) Establishment.--The Secretary shall establish a discretionary
    grant program, to be known as the ``Healthy Streets program'', to
    provide grants to eligible entities--
            (1) to deploy cool pavements and porous pavements; and
            (2) to expand tree cover.
        (c) Goals.--The goals of the program are--
            (1) to mitigate urban heat islands;
            (2) to improve air quality; and
            (3) to reduce--
                (A) the extent of impervious surfaces;
                (B) stormwater runoff and flood risks; and
                (C) heat impacts to infrastructure and road users.
        (d) Application.--
            (1) In general.--To be eligible to receive a grant under the
        program, an eligible entity shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (2) Requirements.--The application submitted by an eligible
        entity under paragraph (1) shall include a description of--
                (A) how the eligible entity would use the grant funds; and
                (B) the contribution that the projects intended to be
            carried out with grant funds would make to improving the
            safety, health outcomes, natural environment, and quality of
            life in low-income communities and disadvantaged communities.
        (e) Use of Funds.--An eligible entity that receives a grant under
    the program may use the grant funds for 1 or more of the following
    activities:
            (1) Conducting an assessment of urban heat islands to identify
        hot spot areas of extreme heat or elevated air pollution.
            (2) Conducting a comprehensive tree canopy assessment, which
        shall assess the current tree locations and canopy, including--
                (A) an inventory of the location, species, condition, and
            health of existing tree canopies and trees on public
            facilities; and
                (B) an identification of--
                    (i) the locations where trees need to be replaced;
                    (ii) empty tree boxes or other locations where trees
                could be added; and
                    (iii) flood-prone locations where trees or other
                natural infrastructure could mitigate flooding.
            (3) Conducting an equity assessment by mapping tree canopy
        gaps, flood-prone locations, and urban heat island hot spots as
        compared to--
                (A) pedestrian walkways and public transportation stop
            locations;
                (B) low-income communities; and
                (C) disadvantaged communities.
            (4) Planning activities, including developing an investment
        plan based on the results of the assessments carried out under
        paragraphs (1), (2), and (3).
            (5) Purchasing and deploying cool pavements to mitigate urban
        heat island hot spots.
            (6) Purchasing and deploying porous pavement to mitigate
        flooding and stormwater runoff in--
                (A) pedestrian-only areas; and
                (B) areas of low-volume, low-speed vehicular use.
            (7) Purchasing of trees, site preparation, planting of trees,
        ongoing maintenance and monitoring of trees, and repairing of storm
        damage to trees, with priority given to--
                (A) to the extent practicable, the planting of native
            species; and
                (B) projects located in a neighborhood with lower tree
            cover or higher maximum daytime summer temperatures compared to
            surrounding neighborhoods.
            (8) Assessing underground infrastructure and coordinating with
        local transportation and utility providers.
            (9) Hiring staff to conduct any of the activities described in
        paragraphs (1) through (8).
        (f) Priority.--In awarding grants to eligible entities under the
    program, the Secretary shall give priority to an eligible entity--
            (1) proposing to carry out an activity or project in a low-
        income community or a disadvantaged community;
            (2) that has entered into a community benefits agreement with
        representatives of the community; or
            (3) that is partnering with a qualified youth or conservation
        corps (as defined in section 203 of the Public Lands Corps Act of
        1993 (16 U.S.C. 1722)).
        (g) Distribution Requirement.--Of the amounts made available to
    carry out the program for each fiscal year, not less than 80 percent
    shall be provided for projects in urbanized areas (as defined in
    section 101(a) of title 23, United States Code).
        (h) Federal Share.--
            (1) In general.--Except as provided under paragraph (2), the
        Federal share of the cost of a project carried out under the
        program shall be 80 percent.
            (2) Waiver.--The Secretary may increase the Federal share
        requirement under paragraph (1) to 100 percent for projects carried
        out by an eligible entity that demonstrates economic hardship, as
        determined by the Secretary.
        (i) Maximum Grant Amount.--An individual grant under this section
    shall not exceed $15,000,000.
        (j) Treatment of Projects.--Notwithstanding any other provision of
    law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under chapter 1 of title 23, United
    States Code.

                           Subtitle E--Miscellaneous

    SEC. 11501. ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.
        (a) In General.--Section 105 of title 23, United States Code, is
    repealed.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 23,
    United States Code, is amended by striking the item relating to section
    105.
    SEC. 11502. STOPPING THREATS ON PEDESTRIANS.
        (a) Definition of Bollard Installation Project.--In this section,
    the term ``bollard installation project'' means a project to install
    raised concrete or metal posts on a sidewalk adjacent to a roadway that
    are designed to slow or stop a motor vehicle.
        (b) Establishment.--Not later than 1 year after the date of
    enactment of this Act and subject to the availability of
    appropriations, the Secretary shall establish and carry out a
    competitive grant pilot program to provide assistance to State
    departments of transportation and local government entities for bollard
    installation projects designed to prevent pedestrian injuries and acts
    of terrorism in areas used by large numbers of pedestrians.
        (c) Application.--To be eligible to receive a grant under this
    section, a State department of transportation or local government
    entity shall submit to the Secretary an application at such time, in
    such form, and containing such information as the Secretary determines
    to be appropriate, which shall include, at a minimum--
            (1) a description of the proposed bollard installation project
        to be carried out;
            (2) a description of the pedestrian injury or terrorism risks
        with respect to the proposed installation area; and
            (3) an analysis of how the proposed bollard installation
        project will mitigate those risks.
        (d) Use of Funds.--A recipient of a grant under this section may
    only use the grant funds for a bollard installation project.
        (e) Federal Share.--The Federal share of the costs of a bollard
    installation project carried out with a grant under this section may be
    up to 100 percent.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $5,000,000 for
    each of fiscal years 2022 through 2026.
        (g) Treatment of Projects.--Notwithstanding any other provision of
    law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under chapter 1 of title 23, United
    States Code.
    SEC. 11503. TRANSFER AND SALE OF TOLL CREDITS.
        (a) Definitions.--In this section:
            (1) Originating state.--The term ``originating State'' means a
        State that--
                (A) is eligible to use a credit under section 120(i) of
            title 23, United States Code; and
                (B) has been selected by the Secretary under subsection
            (d)(2).
            (2) Pilot program.--The term ``pilot program'' means the pilot
        program established under subsection (b).
            (3) Recipient state.--The term ``recipient State'' means a
        State that receives a credit by transfer or by sale under this
        section from an originating State.
            (4) State.--The term ``State'' has the meaning given the term
        in section 101(a) of title 23, United States Code.
        (b) Establishment of Pilot Program.--The Secretary shall establish
    and implement a toll credit exchange pilot program in accordance with
    this section.
        (c) Purposes.--The purposes of the pilot program are--
            (1) to identify the extent of the demand to purchase toll
        credits;
            (2) to identify the cash price of toll credits through
        bilateral transactions between States;
            (3) to analyze the impact of the purchase or sale of toll
        credits on transportation expenditures;
            (4) to test the feasibility of expanding the pilot program to
        allow all States to participate on a permanent basis; and
            (5) to identify any other repercussions of the toll credit
        exchange.
        (d) Selection of Originating States.--
            (1) Application.--In order to participate in the pilot program
        as an originating State, a State shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require, including, at a minimum,
        such information as is required for the Secretary to verify--
                (A) the amount of unused toll credits for which the State
            has submitted certification to the Secretary that are available
            to be sold or transferred under the pilot program, including--
                    (i) toll revenue generated and the sources of that
                revenue;
                    (ii) toll revenue used by public, quasi-public, and
                private agencies to build, improve, or maintain highways,
                bridges, or tunnels that serve the public purpose of
                interstate commerce; and
                    (iii) an accounting of any Federal funds used by the
                public, quasi-public, or private agency to build, improve,
                or maintain the toll facility, to validate that the credit
                has been reduced by a percentage equal to the percentage of
                the total cost of building, improving, or maintaining the
                facility that was derived from Federal funds;
                (B) the documentation of maintenance of effort for toll
            credits earned by the originating State; and
                (C) the accuracy of the accounting system of the State to
            earn and track toll credits.
            (2) Selection.--Of the States that submit an application under
        paragraph (1), the Secretary may select not more than 10 States to
        be designated as an originating State.
            (3) Limitation on sales.--At any time, the Secretary may limit
        the amount of unused toll credits that may be offered for sale
        under the pilot program.
        (e) Transfer or Sale of Credits.--
            (1) In general.--In carrying out the pilot program, the
        Secretary shall provide that an originating State may transfer or
        sell to a recipient State a credit not previously used by the
        originating State under section 120(i) of title 23, United States
        Code.
            (2) Website support.--The Secretary shall make available a
        publicly accessible website on which originating States shall post
        the amount of toll credits, verified under subsection (d)(1)(A),
        that are available for sale or transfer to a recipient State.
            (3) Bilateral transactions.--An originating State and a
        recipient State may enter into a bilateral transaction to sell or
        transfer verified toll credits.
            (4) Notification.--Not later than 30 days after the date on
        which a credit is transferred or sold, the originating State and
        the recipient State shall jointly submit to the Secretary a written
        notification of the transfer or sale, including details on--
                (A) the amount of toll credits that have been sold or
            transferred;
                (B) the price paid or other value transferred in exchange
            for the toll credits;
                (C) the intended use by the recipient State of the toll
            credits, if known;
                (D) the intended use by the originating State of the cash
            or other value transferred;
                (E) an update on the toll credit balance of the originating
            State and the recipient State; and
                (F) any other information about the transaction that the
            Secretary may require.
            (5) Use of credits by transferee or purchaser.--A recipient
        State may use a credit received under paragraph (1) toward the non-
        Federal share requirement for any funds made available to carry out
        title 23 or chapter 53 of title 49, United States Code, in
        accordance with section 120(i) of title 23, United States Code.
            (6) Use of proceeds from sale of credits.--An originating State
        shall use the proceeds from the sale of a credit under paragraph
        (1) for the construction costs of any project in the originating
        State that is eligible under title 23, United States Code.
        (f) Reporting Requirements.--
            (1) Initial report.--Not later than 1 year after the date on
        which the pilot program is established, the Secretary shall submit
        to the Committee on Environment and Public Works of the Senate and
        the Committee on Transportation and Infrastructure of the House of
        Representatives a report on the progress of the pilot program.
            (2) Final report.--Not later than 3 years after the date on
        which the pilot program is established, the Secretary shall--
                (A) submit to the Committee on Environment and Public Works
            of the Senate and the Committee on Transportation and
            Infrastructure of the House of Representatives a report that--
                    (i) determines whether a toll credit marketplace is
                viable and cost-effective;
                    (ii) describes the buying and selling activities under
                the pilot program;
                    (iii) describes the average sale price of toll credits;
                    (iv) determines whether the pilot program could be
                expanded to more States or all States or to non-State
                operators of toll facilities;
                    (v) provides updated information on the toll credit
                balance accumulated by each State; and
                    (vi) describes the list of projects that were assisted
                by the pilot program; and
                (B) make the report under subparagraph (A) publicly
            available on the website of the Department.
        (g) Termination.--
            (1) In general.--The Secretary may terminate the pilot program
        or the participation of any State in the pilot program if the
        Secretary determines that--
                (A) the pilot program is not serving a public benefit; or
                (B) it is not cost effective to carry out the pilot
            program.
            (2) Procedures.--The termination of the pilot program or the
        participation of a State in the pilot program shall be carried out
        consistent with Federal requirements for project closeout,
        adjustment, and continuing responsibilities.
    SEC. 11504. STUDY OF IMPACTS ON ROADS FROM SELF-DRIVING VEHICLES.
        (a) In General.--Not later than 60 days after the date of enactment
    of this Act, the Secretary shall initiate a study on the existing and
    future impacts of self-driving vehicles to transportation
    infrastructure, mobility, the environment, and safety, including
    impacts on--
            (1) the Interstate System (as defined in section 101(a) of
        title 23, United States Code);
            (2) urban roads;
            (3) rural roads;
            (4) corridors with heavy traffic congestion;
            (5) transportation systems optimization; and
            (6) any other areas or issues relevant to operations of the
        Federal Highway Administration that the Secretary determines to be
        appropriate.
        (b) Contents of Study.--The study under subsection (a) shall
    include specific recommendations for both rural and urban communities
    regarding the impacts of self-driving vehicles on existing
    transportation system capacity.
        (c) Considerations.--In carrying out the study under subsection
    (a), the Secretary shall--
            (1) consider the need for and recommend any policy changes to
        be undertaken by the Federal Highway Administration on the impacts
        of self-driving vehicles as identified under paragraph (2); and
            (2) for both rural and urban communities, include a discussion
        of--
                (A) the impacts that self-driving vehicles will have on
            existing transportation infrastructure, such as signage and
            markings, traffic lights, and highway capacity and design;
                (B) the impact on commercial and private traffic flows;
                (C) infrastructure improvement needs that may be necessary
            for transportation infrastructure to accommodate self-driving
            vehicles;
                (D) the impact of self-driving vehicles on the environment,
            congestion, and vehicle miles traveled; and
                (E) the impact of self-driving vehicles on mobility.
        (d) Coordination.--In carrying out the study under subsection (a),
    the Secretary shall consider and incorporate relevant current and
    ongoing research of the Department.
        (e) Consultation.--In carrying out the study under subsection (a),
    the Secretary shall convene and consult with a panel of national
    experts in both rural and urban transportation, including--
            (1) operators and users of the Interstate System (as defined in
        section 101(a) of title 23, United States Code), including private
        sector stakeholders;
            (2) States and State departments of transportation;
            (3) metropolitan planning organizations;
            (4) the motor carrier industry;
            (5) representatives of public transportation agencies or
        organizations;
            (6) highway safety and academic groups;
            (7) nonprofit entities with experience in transportation
        policy;
            (8) National Laboratories (as defined in section 2 of the
        Energy Policy Act of 2005 (42 U.S.C. 15801));
            (9) environmental stakeholders; and
            (10) self-driving vehicle producers, manufacturers, and
        technology developers.
        (f) Report.--Not later than 1 year after the date on which the
    study under subsection (a) is initiated, the Secretary shall submit a
    report on the results of the study to--
            (1) the Committee on Environment and Public Works of the
        Senate; and
            (2) the Committee on Transportation and Infrastructure of the
        House of Representatives.
    SEC. 11505. DISASTER RELIEF MOBILIZATION STUDY.
        (a) Definition of Local Community.--In this section, the term
    ``local community'' means--
            (1) a unit of local government;
            (2) a political subdivision of a State or local government;
            (3) a metropolitan planning organization (as defined in section
        134(b) of title 23, United States Code);
            (4) a rural planning organization; or
            (5) a Tribal government.
        (b) Study.--
            (1) In general.--The Secretary shall carry out a study to
        determine the utility of incorporating the use of bicycles into the
        disaster preparedness and disaster response plans of local
        communities.
            (2) Requirements.--The study carried out under paragraph (1)
        shall include--
                (A) a vulnerability assessment of the infrastructure in
            local communities as of the date of enactment of this Act that
            supports active transportation, including bicycling, walking,
            and personal mobility devices, with a particular focus on areas
            in local communities that--
                    (i) have low levels of vehicle ownership; and
                    (ii) lack sufficient active transportation
                infrastructure routes to public transportation;
                (B) an evaluation of whether disaster preparedness and
            disaster response plans should include the use of bicycles by
            first responders, emergency workers, and community organization
            representatives--
                    (i) during a mandatory or voluntary evacuation ordered
                by a Federal, State, Tribal, or local government entity--

                        (I) to notify residents of the need to evacuate;
                        (II) to evacuate individuals and goods; and
                        (III) to reach individuals who are in need of first
                    aid and medical assistance; and

                    (ii) after a disaster or emergency declared by a
                Federal, State, Tribal, or local government entity--

                        (I) to participate in search and rescue activities;
                        (II) to carry commodities to be used for life-
                    saving or life-sustaining purposes, including--

                            (aa) water;
                            (bb) food;
                            (cc) first aid and other medical supplies; and
                            (dd) power sources and electric supplies, such
                        as cell phones, radios, lights, and batteries;

                        (III) to reach individuals who are in need of the
                    commodities described in subclause (II); and
                        (IV) to assist with other disaster relief tasks, as
                    appropriate; and

                (C) a review of training programs for first responders,
            emergency workers, and community organization representatives
            relating to--
                    (i) competent bicycle skills, including the use of
                cargo bicycles and electric bicycles, as applicable;
                    (ii) basic bicycle maintenance;
                    (iii) compliance with relevant traffic safety laws;
                    (iv) methods to use bicycles to carry out the
                activities described in clauses (i) and (ii) of
                subparagraph (2)(B); and
                    (v) exercises conducted for the purpose of--

                        (I) exercising the skills described in clause (i);
                    and
                        (II) maintaining bicycles and related equipment.

        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Environment
    and Public Works of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report that--
            (1) describes the results of the study carried out under
        subsection (b); and
            (2) provides recommendations, if any, relating to--
                (A) the methods by which to incorporate bicycles into
            disaster preparedness and disaster response plans of local
            communities; and
                (B) improvements to training programs described in
            subsection (b)(2)(C).
    SEC. 11506. APPALACHIAN REGIONAL COMMISSION.
        (a) Definitions.--Section 14102(a)(1) of title 40, United States
    Code, is amended--
            (1) in subparagraph (G)--
                (A) by inserting ``Catawba,'' after ``Caldwell,''; and
                (B) by inserting ``Cleveland,'' after ``Clay,'';
            (2) in subparagraph (J), by striking ``and Spartanburg'' and
        inserting ``Spartanburg, and Union''; and
            (3) in subparagraph (M), by inserting ``, of which the counties
        of Brooke, Hancock, Marshall, and Ohio shall be considered to be
        located in the North Central subregion'' after ``West Virginia''.
        (b) Functions.--Section 14303(a) of title 40, United States Code,
    is amended--
            (1) in paragraph (9), by striking ``and'' at the end;
            (2) in paragraph (10), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(11) support broadband access in the Appalachian region.''.
        (c) Congressional Notification.--
            (1) In general.--Subchapter II of chapter 143 of subtitle IV of
        title 40, United States Code, is amended by adding at the end the
        following:
    ``Sec. 14323. Congressional notification
        ``(a) In General.--In the case of a project described in subsection
    (b), the Appalachian Regional Commission shall provide to the Committee
    on Transportation and Infrastructure of the House of Representatives
    and the Committee on Environment and Public Works of the Senate notice
    of the award of a grant or other financial assistance not less than 3
    full business days before awarding the grant or other financial
    assistance.
        ``(b) Projects Described.--A project referred to in subsection (a)
    is a project that the Appalachian Regional Commission has selected to
    receive a grant or other financial assistance under this subtitle in an
    amount not less than $50,000.''.
            (2) Clerical amendment.--The analysis for subchapter II of
        chapter 143 of subtitle IV of title 40, United States Code, is
        amended by adding at the end the following:
    ``14323. Congressional notification.''.

        (d) High-speed Broadband Deployment Initiative.--Section 14509 of
    title 40, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
        ``(a) In General.--The Appalachian Regional Commission may provide
    technical assistance, make grants, enter into contracts, or otherwise
    provide amounts to individuals or entities in the Appalachian region
    for projects and activities to increase affordable access to broadband
    networks throughout the Appalachian region.'';
            (2) by redesignating subsections (b) through (d) as subsections
        (c) through (e), respectively;
            (3) by inserting after subsection (a) the following:
        ``(b) Eligible Projects and Activities.--A project or activity
    eligible to be carried out under this section is a project or
    activity--
            ``(1) to conduct research, analysis, and training to increase
        broadband adoption efforts in the Appalachian region; or
            ``(2) for the construction and deployment of broadband service-
        related infrastructure in the Appalachian region.'';
            (4) in subsection (d) (as so redesignated), in the matter
        preceding paragraph (1), by striking ``subsection (b)'' and
        inserting ``subsection (c)''; and
            (5) by adding at the end the following:
        ``(f) Request for Data.--Before making a grant for a project or
    activity described in subsection (b)(2), the Appalachian Regional
    Commission shall request from the Federal Communications Commission,
    the National Telecommunications and Information Administration, the
    Economic Development Administration, and the Department of Agriculture
    data on--
            ``(1) the level and extent of broadband service that exists in
        the area proposed to be served by the broadband service-related
        infrastructure; and
            ``(2) the level and extent of broadband service that will be
        deployed in the area proposed to be served by the broadband
        service-related infrastructure pursuant to another Federal program.
        ``(g) Requirement.--For each fiscal year, not less than 65 percent
    of the amounts made available to carry out this section shall be used
    for grants for projects and activities described in subsection
    (b)(2).''.
        (e) Appalachian Regional Energy Hub Initiative.--
            (1) In general.--Subchapter I of chapter 145 of subtitle IV of
        title 40, United States Code, is amended by adding at the end the
        following:
    ``Sec. 14511. Appalachian regional energy hub initiative
        ``(a) In General.--The Appalachian Regional Commission may provide
    technical assistance to, make grants to, enter into contracts with, or
    otherwise provide amounts to individuals or entities in the Appalachian
    region for projects and activities--
            ``(1) to conduct research and analysis regarding the economic
        impact of an ethane storage hub in the Appalachian region that
        supports a more-effective energy market performance due to the
        scale of the project, such as a project with the capacity to store
        and distribute more than 100,000 barrels per day of hydrocarbon
        feedstock with a minimum gross heating value of 1,700 Btu per
        standard cubic foot;
            ``(2) with the potential to significantly contribute to the
        economic resilience of the area in which the project is located;
        and
            ``(3) that will help establish a regional energy hub in the
        Appalachian region for natural gas and natural gas liquids,
        including hydrogen produced from the steam methane reforming of
        natural gas feedstocks.
        ``(b) Limitation on Available Amounts.--Of the cost of any project
    or activity eligible for a grant under this section--
            ``(1) except as provided in paragraphs (2) and (3), not more
        than 50 percent may be provided from amounts made available to
        carry out this section;
            ``(2) in the case of a project or activity to be carried out in
        a county for which a distressed county designation is in effect
        under section 14526, not more than 80 percent may be provided from
        amounts made available to carry out this section; and
            ``(3) in the case of a project or activity to be carried out in
        a county for which an at-risk county designation is in effect under
        section 14526, not more than 70 percent may be provided from
        amounts made available to carry out this section.
        ``(c) Sources of Assistance.--Subject to subsection (b), a grant
    provided under this section may be provided from amounts made available
    to carry out this section, in combination with amounts made available--
            ``(1) under any other Federal program; or
            ``(2) from any other source.
        ``(d) Federal Share.--Notwithstanding any provision of law limiting
    the Federal share under any other Federal program, amounts made
    available to carry out this section may be used to increase that
    Federal share, as the Appalachian Regional Commission determines to be
    appropriate.''.
            (2) Clerical amendment.--The analysis for subchapter I of
        chapter 145 of title 40, United States Code, is amended by adding
        at the end the following:
    ``14511. Appalachian regional energy hub initiative.''.

        (f) Authorization of Appropriations.--Section 14703 of title 40,
    United States Code, is amended--
            (1) in subsection (a)--
                (A) in paragraph (4), by striking ``and'' at the end;
                (B) in paragraph (5), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(6) $200,000,000 for each of fiscal years 2022 through
        2026.'';
            (2) in subsection (c), by striking ``$10,000,000 may be used to
        carry out section 14509 for each of fiscal years 2016 through
        2021'' and inserting ``$20,000,000 may be used to carry out section
        14509 for each of fiscal years 2022 through 2026'';
            (3) by redesignating subsections (d) and (e) as subsections (e)
        and (f), respectively; and
            (4) by inserting after subsection (c) the following:
        ``(d) Appalachian Regional Energy Hub Initiative.--Of the amounts
    made available under subsection (a), $5,000,000 shall be used to carry
    out section 14511 for each of fiscal years 2022 through 2026.''.
        (g) Termination.--Section 14704 of title 40, United States Code, is
    amended by striking ``2021'' and inserting ``2026''.
    SEC. 11507. DENALI COMMISSION.
        (a) Denali Access System Program.--Notwithstanding subsection (j)
    of section 309 of the Denali Commission Act of 1998 (42 U.S.C. 3121
    note; Public Law 105-277), there is authorized to be appropriated
    $20,000,000 for each of fiscal years 2022 through 2026 to carry out
    that section.
        (b) Transfers of Funds.--Section 311(c) of the Denali Commission
    Act of 1998 (42 U.S.C. 3121 note; Public Law 105-277) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) notwithstanding any other provision of law, shall--
                ``(A) be treated as if directly appropriated to the
            Commission and subject to applicable provisions of this Act;
            and
                ``(B) not be subject to any requirements that applied to
            the funds before the transfer, including a requirement in an
            appropriations Act or a requirement or regulation of the
            Federal agency from which the funds are transferred.''.
    SEC. 11508. REQUIREMENTS FOR TRANSPORTATION PROJECTS CARRIED OUT
    THROUGH PUBLIC-PRIVATE PARTNERSHIPS.
        (a) Definitions.--In this section:
            (1) Project.--The term ``project'' means a project (as defined
        in section 101 of title 23, United States Code) that--
                (A) is carried out, in whole or in part, using Federal
            financial assistance; and
                (B) has an estimated total cost of $100,000,000 or more.
            (2) Public-private partnership.--The term ``public-private
        partnership'' means an agreement between a public agency and a
        private entity to finance, build, and maintain or operate a
        project.
        (b) Requirements for Projects Carried Out Through Public-private
    Partnerships.--With respect to a public-private partnership, as a
    condition of receiving Federal financial assistance for a project, the
    Secretary shall require the public partner, not later than 3 years
    after the date of opening of the project to traffic--
            (1) to conduct a review of the project, including a review of
        the compliance of the private partner with the terms of the public-
        private partnership agreement;
            (2)(A) to certify to the Secretary that the private partner of
        the public-private partnership is meeting the terms of the public-
        private partnership agreement for the project; or
            (B) to notify the Secretary that the private partner of the
        public-private partnership has not met 1 or more of the terms of
        the public-private partnership agreement for the project, including
        a brief description of each violation of the public-private
        partnership agreement; and
            (3) to make publicly available the certification or
        notification, as applicable, under paragraph (2) in a form that
        does not disclose any proprietary or confidential business
        information.
        (c) Notification.--If the Secretary provides Federal financial
    assistance to a project carried out through a public-private
    partnership, not later than 30 days after the date on which the Federal
    financial assistance is first obligated, the Secretary shall submit to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a notification of the Federal financial assistance made
    available for the project.
        (d) Value for Money Analysis.--
            (1) Project approval and oversight.--Section 106(h)(3) of title
        23, United States Code, is amended--
                (A) in subparagraph (C), by striking ``and'' at the end;
                (B) by redesignating subparagraph (D) as subparagraph (E);
            and
                (C) by inserting after subparagraph (C) the following:
                ``(D) for a project in which the project sponsor intends to
            carry out the project through a public-private partnership
            agreement, shall include a detailed value for money analysis or
            similar comparative analysis for the project; and''.
            (2) Surface transportation block grant program.--Paragraph (21)
        of section 133(b) of title 23, United States Code (as redesignated
        by section 1109(a)(1)(C)), is amended by inserting ``, including
        conducting value for money analyses or similar comparative
        analyses,'' after ``oversight''.
            (3) TIFIA.--Section 602(a) of title 23, United States Code, is
        amended by adding at the end the following:
            ``(11) Public-private partnerships.--In the case of a project
        to be carried out through a public-private partnership, the public
        partner shall have--
                ``(A) conducted a value for money analysis or similar
            comparative analysis; and
                ``(B) determined the appropriateness of the public-private
            partnership agreement.''.
        (e) Applicability.--This section and the amendments made by this
    section shall only apply to a public-private partnership agreement
    entered into on or after the date of enactment of this Act.
    SEC. 11509. RECONNECTING COMMUNITIES PILOT PROGRAM.
        (a) Definition of Eligible Facility.--
            (1) In general.--In this section, the term ``eligible
        facility'' means a highway or other transportation facility that
        creates a barrier to community connectivity, including barriers to
        mobility, access, or economic development, due to high speeds,
        grade separations, or other design factors.
            (2) Inclusions.--In this section, the term ``eligible
        facility'' may include--
                (A) a limited access highway;
                (B) a viaduct; and
                (C) any other principal arterial facility.
        (b) Establishment.--The Secretary shall establish a pilot program
    through which an eligible entity may apply for funding, in order to
    restore community connectivity--
            (1) to study the feasibility and impacts of removing,
        retrofitting, or mitigating an existing eligible facility;
            (2) to conduct planning activities necessary to design a
        project to remove, retrofit, or mitigate an existing eligible
        facility; and
            (3) to conduct construction activities necessary to carry out a
        project to remove, retrofit, or mitigate an existing eligible
        facility.
        (c) Planning Grants.--
            (1) Eligible entities.--The Secretary may award a grant
        (referred to in this section as a ``planning grant'') to carry out
        planning activities described in paragraph (2) to--
                (A) a State;
                (B) a unit of local government;
                (C) a Tribal government;
                (D) a metropolitan planning organization; and
                (E) a nonprofit organization.
            (2) Eligible activities described.--The planning activities
        referred to in paragraph (1) are--
                (A) planning studies to evaluate the feasibility of
            removing, retrofitting, or mitigating an existing eligible
            facility to restore community connectivity, including
            evaluations of--
                    (i) current traffic patterns on the eligible facility
                proposed for removal, retrofit, or mitigation and the
                surrounding street network;
                    (ii) the capacity of existing transportation networks
                to maintain mobility needs;
                    (iii) an analysis of alternative roadway designs or
                other uses for the right-of-way of the eligible facility,
                including an analysis of whether the available right-of-way
                would suffice to create an alternative roadway design;
                    (iv) the effect of the removal, retrofit, or mitigation
                of the eligible facility on the mobility of freight and
                people;
                    (v) the effect of the removal, retrofit, or mitigation
                of the eligible facility on the safety of the traveling
                public;
                    (vi) the cost to remove, retrofit, or mitigate the
                eligible facility--

                        (I) to restore community connectivity; and
                        (II) to convert the eligible facility to a
                    different roadway design or use, compared to any
                    expected costs for necessary maintenance or
                    reconstruction of the eligible facility;

                    (vii) the anticipated economic impact of removing,
                retrofitting, or mitigating and converting the eligible
                facility and any economic development opportunities that
                would be created by removing, retrofitting, or mitigating
                and converting the eligible facility; and
                    (viii) the environmental impacts of retaining or
                reconstructing the eligible facility and the anticipated
                effect of the proposed alternative use or roadway design;
                (B) public engagement activities to provide opportunities
            for public input into a plan to remove and convert an eligible
            facility; and
                (C) other transportation planning activities required in
            advance of a project to remove, retrofit, or mitigate an
            existing eligible facility to restore community connectivity,
            as determined by the Secretary.
            (3) Technical assistance program.--
                (A) In general.--The Secretary may provide technical
            assistance described in subparagraph (B) to an eligible entity.
                (B) Technical assistance described.--The technical
            assistance referred to in subparagraph (A) is technical
            assistance in building organizational or community capacity--
                    (i) to engage in transportation planning; and
                    (ii) to identify innovative solutions to infrastructure
                challenges, including reconnecting communities that--

                        (I) are bifurcated by eligible facilities; or
                        (II) lack safe, reliable, and affordable
                    transportation choices.

                (C) Priorities.--In selecting recipients of technical
            assistance under subparagraph (A), the Secretary shall give
            priority to an application from a community that is
            economically disadvantaged.
            (4) Selection.--The Secretary shall--
                (A) solicit applications for--
                    (i) planning grants; and
                    (ii) technical assistance under paragraph (3); and
                (B) evaluate applications for a planning grant on the basis
            of the demonstration by the applicant that--
                    (i) the eligible facility is aged and is likely to need
                replacement or significant reconstruction within the 20-
                year period beginning on the date of the submission of the
                application;
                    (ii) the eligible facility--

                        (I) creates barriers to mobility, access, or
                    economic development; or
                        (II) is not justified by current and forecast
                    future travel demand; and

                    (iii) on the basis of preliminary investigations into
                the feasibility of removing, retrofitting, or mitigating
                the eligible facility to restore community connectivity,
                further investigation is necessary and likely to be
                productive.
            (5) Award amounts.--A planning grant may not exceed $2,000,000
        per recipient.
            (6) Federal share.--The total Federal share of the cost of a
        planning activity for which a planning grant is used shall not
        exceed 80 percent.
        (d) Capital Construction Grants.--
            (1) Eligible entities.--The Secretary may award a grant
        (referred to in this section as a ``capital construction grant'')
        to the owner of an eligible facility to carry out an eligible
        project described in paragraph (3) for which all necessary
        feasibility studies and other planning activities have been
        completed.
            (2) Partnerships.--An owner of an eligible facility may, for
        the purposes of submitting an application for a capital
        construction grant, if applicable, partner with--
                (A) a State;
                (B) a unit of local government;
                (C) a Tribal government;
                (D) a metropolitan planning organization; or
                (E) a nonprofit organization.
            (3) Eligible projects.--A project eligible to be carried out
        with a capital construction grant includes--
                (A) the removal, retrofit, or mitigation of an eligible
            facility; and
                (B) the replacement of an eligible facility with a new
            facility that--
                    (i) restores community connectivity; and
                    (ii) is--

                        (I) sensitive to the context of the surrounding
                    community; and
                        (II) otherwise eligible for funding under title 23,
                    United States Code.

            (4) Selection.--The Secretary shall--
                (A) solicit applications for capital construction grants;
            and
                (B) evaluate applications on the basis of--
                    (i) the degree to which the project will improve
                mobility and access through the removal of barriers;
                    (ii) the appropriateness of removing, retrofitting, or
                mitigating the eligible facility, based on current traffic
                patterns and the ability of the replacement facility and
                the regional transportation network to absorb
                transportation demand and provide safe mobility and access;
                    (iii) the impact of the project on freight movement;
                    (iv) the results of a cost-benefit analysis of the
                project;
                    (v) the opportunities for inclusive economic
                development;
                    (vi) the degree to which the eligible facility is out
                of context with the current or planned land use;
                    (vii) the results of any feasibility study completed
                for the project; and
                    (viii) the plan of the applicant for--

                        (I) employing residents in the area impacted by the
                    project through targeted hiring programs, in
                    partnership with registered apprenticeship programs, if
                    applicable; and
                        (II) contracting and subcontracting with
                    disadvantaged business enterprises.

            (5) Minimum award amounts.--A capital construction grant shall
        be in an amount not less than $5,000,000 per recipient.
            (6) Federal share.--
                (A) In general.--Subject to subparagraph (B), a capital
            construction grant may not exceed 50 percent of the total cost
            of the project for which the grant is awarded.
                (B) Maximum federal involvement.--Federal assistance other
            than a capital construction grant may be used to satisfy the
            non-Federal share of the cost of a project for which the grant
            is awarded, except that the total Federal assistance provided
            for a project for which the grant is awarded may not exceed 80
            percent of the total cost of the project.
            (7) Community advisory board.--
                (A) In general.--To help achieve inclusive economic
            development benefits with respect to the project for which a
            grant is awarded, a grant recipient may form a community
            advisory board, which shall--
                    (i) facilitate community engagement with respect to the
                project; and
                    (ii) track progress with respect to commitments of the
                grant recipient to inclusive employment, contracting, and
                economic development under the project.
                (B) Membership.--If a grant recipient forms a community
            advisory board under subparagraph (A), the community advisory
            board shall be composed of representatives of--
                    (i) the community;
                    (ii) owners of businesses that serve the community;
                    (iii) labor organizations that represent workers that
                serve the community; and
                    (iv) State and local government.
        (e) Reports.--
            (1) USDOT report on program.--Not later than January 1, 2026,
        the Secretary shall submit to the Committee on Environment and
        Public Works of the Senate and the Committee on Transportation and
        Infrastructure of the House of Representatives a report that
        evaluates the program under this section, including--
                (A) information about the level of applicant interest in
            planning grants, technical assistance under subsection (c)(3),
            and capital construction grants, including the extent to which
            overall demand exceeded available funds; and
                (B) for recipients of capital construction grants, the
            outcomes and impacts of the highway removal project,
            including--
                    (i) any changes in the overall level of mobility,
                congestion, access, and safety in the project area; and
                    (ii) environmental impacts and economic development
                opportunities in the project area.
            (2) GAO report on highway removals.--Not later than 2 years
        after the date of enactment of this Act, the Comptroller General of
        the United States shall issue a report that--
                (A) identifies examples of projects to remove highways
            using Federal highway funds;
                (B) evaluates the effect of highway removal projects on the
            surrounding area, including impacts to the local economy,
            congestion effects, safety outcomes, and impacts on the
            movement of freight and people;
                (C) evaluates the existing Federal-aid program eligibility
            under title 23, United States Code, for highway removal
            projects;
                (D) analyzes the costs and benefits of and barriers to
            removing underutilized highways that are nearing the end of
            their useful life compared to replacing or reconstructing the
            highway; and
                (E) provides recommendations for integrating those
            assessments into transportation planning and decision-making
            processes.
        (f) Technical Assistance.--Of the funds made available to carry out
    this section for planning grants, the Secretary may use not more than
    $15,000,000 during the period of fiscal years 2022 through 2026 to
    provide technical assistance under subsection (c)(3).
        (g) Treatment of Projects.--Notwithstanding any other provision of
    law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under chapter 1 of title 23, United
    States Code.
    SEC. 11510. CYBERSECURITY TOOL; CYBER COORDINATOR.
        (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Federal Highway Administration.
            (2) Cyber incident.--The term ``cyber incident'' has the
        meaning given the term ``incident'' in section 3552 of title 44,
        United States Code.
            (3) Transportation authority.--The term ``transportation
        authority'' means--
                (A) a public authority (as defined in section 101(a) of
            title 23, United States Code);
                (B) an owner or operator of a highway (as defined in
            section 101(a) of title 23, United States Code);
                (C) a manufacturer that manufactures a product related to
            transportation; and
                (D) a division office of the Federal Highway
            Administration.
        (b) Cybersecurity Tool.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Administrator shall develop a tool to
        assist transportation authorities in identifying, detecting,
        protecting against, responding to, and recovering from cyber
        incidents.
            (2) Requirements.--In developing the tool under paragraph (1),
        the Administrator shall--
                (A) use the cybersecurity framework established by the
            National Institute of Standards and Technology and required by
            Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739;
            relating to improving critical infrastructure cybersecurity);
                (B) establish a structured cybersecurity assessment and
            development program;
                (C) coordinate with the Transportation Security
            Administration and the Cybersecurity and Infrastructure
            Security Agency;
                (D) consult with appropriate transportation authorities,
            operating agencies, industry stakeholders, and cybersecurity
            experts; and
                (E) provide for a period of public comment and review on
            the tool.
        (c) Designation of Cyber Coordinator.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Administrator shall designate an office
        as a ``cyber coordinator'', which shall be responsible for
        monitoring, alerting, and advising transportation authorities of
        cyber incidents.
            (2) Requirements.--The office designated under paragraph (1)
        shall, in coordination with the Transportation Security
        Administration and the Cybersecurity and Infrastructure Security
        Agency--
                (A) provide to transportation authorities a secure method
            of notifying the Federal Highway Administration of cyber
            incidents;
                (B) share the information collected under subparagraph (A)
            with the Transportation Security Administration and the
            Cybersecurity and Infrastructure Security Agency;
                (C) monitor cyber incidents that affect transportation
            authorities;
                (D) alert transportation authorities to cyber incidents
            that affect those transportation authorities;
                (E) investigate unaddressed cyber incidents that affect
            transportation authorities; and
                (F) provide to transportation authorities educational
            resources, outreach, and awareness on fundamental principles
            and best practices in cybersecurity for transportation systems.
    SEC. 11511. REPORT ON EMERGING ALTERNATIVE FUEL VEHICLES AND
    INFRASTRUCTURE.
        (a) Definitions.--In this section:
            (1) Emerging alternative fuel vehicle.--The term ``emerging
        alternative fuel vehicle'' means a vehicle fueled by hydrogen,
        natural gas, or propane.
            (2) Emerging alternative fueling infrastructure.--The term
        ``emerging alternative fueling infrastructure'' means
        infrastructure for fueling an emerging alternative fuel vehicle.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, to help guide future investments for emerging alternative
    fueling infrastructure, the Secretary shall submit to Congress and make
    publicly available a report that--
            (1) includes an evaluation of emerging alternative fuel
        vehicles and projections for potential locations of emerging
        alternative fuel vehicle owners during the 5-year period beginning
        on the date of submission of the report;
            (2) identifies areas where emerging alternative fueling
        infrastructure will be needed to meet the current and future needs
        of drivers during the 5-year period beginning on the date of
        submission of the report;
            (3) identifies specific areas, such as a lack of pipeline
        infrastructure, that may impede deployment and adoption of emerging
        alternative fuel vehicles;
            (4) includes a map that identifies concentrations of emerging
        alternative fuel vehicles to meet the needs of current and future
        emerging alternative fueling infrastructure;
            (5) estimates the future need for emerging alternative fueling
        infrastructure to support the adoption and use of emerging
        alternative fuel vehicles; and
            (6) includes a tool to allow States to compare and evaluate
        different adoption and use scenarios for emerging alternative fuel
        vehicles, with the ability to adjust factors to account for
        regionally specific characteristics.
    SEC. 11512. NONHIGHWAY RECREATIONAL FUEL STUDY.
        (a) Definitions.--In this section:
            (1) Highway trust fund.--The term ``Highway Trust Fund'' means
        the Highway Trust Fund established by section 9503(a) of the
        Internal Revenue Code of 1986.
            (2) Nonhighway recreational fuel taxes.--The term ``nonhighway
        recreational fuel taxes'' means taxes under section 4041 and 4081
        of the Internal Revenue Code of 1986 with respect to fuel used in
        vehicles on recreational trails or back country terrain (including
        vehicles registered for highway use when used on recreational
        trails, trail access roads not eligible for funding under title 23,
        United States Code, or back country terrain).
            (3) Recreational trails program.--The term ``recreational
        trails program'' means the recreational trails program under
        section 206 of title 23, United States Code.
        (b) Assessment; Report.--
            (1) Assessment.--Not later than 1 year after the date of
        enactment of this Act and not less frequently than once every 5
        years thereafter, as determined by the Secretary, the Secretary
        shall carry out an assessment of the best available estimate of the
        total amount of nonhighway recreational fuel taxes received by the
        Secretary of the Treasury and transferred to the Highway Trust Fund
        for the period covered by the assessment.
            (2) Report.--After carrying out each assessment under paragraph
        (1), the Secretary shall submit to the Committees on Finance and
        Environment and Public Works of the Senate and the Committees on
        Ways and Means and Transportation and Infrastructure of the House
        of Representatives a report that includes--
                (A) to assist Congress in determining an appropriate
            funding level for the recreational trails program--
                    (i) a description of the results of the assessment; and
                    (ii) an evaluation of whether the current recreational
                trails program funding level reflects the amount of
                nonhighway recreational fuel taxes collected and
                transferred to the Highway Trust Fund; and
                (B) in the case of the first report submitted under this
            paragraph, an estimate of the frequency with which the
            Secretary anticipates carrying out the assessment under
            paragraph (1), subject to the condition that such an assessment
            shall be carried out not less frequently than once every 5
            years.
        (c) Consultation.--In carrying out an assessment under subsection
    (b)(1), the Secretary may consult with, as the Secretary determines to
    be appropriate--
            (1) the heads of--
                (A) State agencies designated by Governors pursuant to
            section 206(c)(1) of title 23, United States Code, to
            administer the recreational trails program; and
                (B) division offices of the Department;
            (2) the Secretary of the Treasury;
            (3) the Administrator of the Federal Highway Administration;
        and
            (4) groups representing recreational activities and interests,
        including hiking, biking and mountain biking, horseback riding,
        water trails, snowshoeing, cross-country skiing, snowmobiling, off-
        highway motorcycling, all-terrain vehicles and other offroad
        motorized vehicle activities, and recreational trail advocates.
    SEC. 11513. BUY AMERICA.
        Section 313 of title 23, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following:
        ``(g) Waivers.--
            ``(1) In general.--Not less than 15 days before issuing a
        waiver under this section, the Secretary shall provide to the
        public--
                ``(A) notice of the proposed waiver;
                ``(B) an opportunity for comment on the proposed waiver;
            and
                ``(C) the reasons for the proposed waiver.
            ``(2) Report.--Not less frequently than annually, the Secretary
        shall submit to the Committee on Environment and Public Works of
        the Senate and the Committee on Transportation and Infrastructure
        of the House of Representatives a report on the waivers provided
        under this section.''.
    SEC. 11514. HIGH PRIORITY CORRIDORS ON THE NATIONAL HIGHWAY SYSTEM.
        (a) High Priority Corridors.--Section 1105(c) of the Intermodal
    Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
    Stat. 2032; 133 Stat. 3018) is amended--
            (1) by striking paragraph (84) and inserting the following:
            ``(84) The Central Texas Corridor, including the route--
                ``(A) commencing in the vicinity of Texas Highway 338 in
            Odessa, Texas, running eastward generally following Interstate
            Route 20, connecting to Texas Highway 158 in the vicinity of
            Midland, Texas, then following Texas Highway 158 eastward to
            United States Route 87 and then following United States Route
            87 southeastward, passing in the vicinity of San Angelo, Texas,
            and connecting to United States Route 190 in the vicinity of
            Brady, Texas;
                ``(B) commencing at the intersection of Interstate Route 10
            and United States Route 190 in Pecos County, Texas, and
            following United States Route 190 to Brady, Texas;
                ``(C) following portions of United States Route 190
            eastward, passing in the vicinity of Fort Hood, Killeen,
            Belton, Temple, Bryan, College Station, Huntsville, Livingston,
            Woodville, and Jasper, to the logical terminus of Texas Highway
            63 at the Sabine River Bridge at Burrs Crossing and including a
            loop generally encircling Bryan/College Station, Texas;
                ``(D) following United States Route 83 southward from the
            vicinity of Eden, Texas, to a logical connection to Interstate
            Route 10 at Junction, Texas;
                ``(E) following United States Route 69 from Interstate
            Route 10 in Beaumont, Texas, north to United States Route 190
            in the vicinity of Woodville, Texas;
                ``(F) following United States Route 96 from Interstate
            Route 10 in Beaumont, Texas, north to United States Route 190
            in the vicinity of Jasper, Texas; and
                ``(G) following United States Route 190, State Highway 305,
            and United States Route 385 from Interstate Route 10 in Pecos
            County, Texas, to Interstate 20 at Odessa, Texas.''; and
            (2) by adding at the end the following:
            ``(92) United States Route 421 from the interchange with
        Interstate Route 85 in Greensboro, North Carolina, to the
        interchange with Interstate Route 95 in Dunn, North Carolina.
            ``(93) The South Mississippi Corridor from the Louisiana and
        Mississippi border near Natchez, Mississippi, to Gulfport,
        Mississippi, shall generally follow--
                ``(A) United States Route 84 from the Louisiana border at
            the Mississippi River passing in the vicinity of Natchez,
            Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to
            the logical terminus with Interstate Route 59 in the vicinity
            of Laurel, Mississippi, and continuing on Interstate Route 59
            south to the vicinity of Hattiesburg, Mississippi; and
                ``(B) United States Route 49 from the vicinity of
            Hattiesburg, Mississippi, south to Interstate Route 10 in the
            vicinity of Gulfport, Mississippi, following Mississippi Route
            601 south and terminating near the Mississippi State Port at
            Gulfport.
            ``(94) The Kosciusko to Gulf Coast corridor commencing at the
        logical terminus of Interstate Route 55 near Vaiden, Mississippi,
        running south and passing east of the vicinity of the Jackson
        Urbanized Area, connecting to United States Route 49 north of
        Hattiesburg, Mississippi, and generally following United States
        Route 49 to a logical connection with Interstate Route 10 in the
        vicinity of Gulfport, Mississippi.
            ``(95) The Interstate Route 22 spur from the vicinity of
        Tupelo, Mississippi, running south generally along United States
        Route 45 to the vicinity of Shannon, Mississippi.
            ``(96) The route that generally follows United States Route 412
        from its intersection with Interstate Route 35 in Noble County,
        Oklahoma, passing through Tulsa, Oklahoma, to its intersection with
        Interstate Route 49 in Springdale, Arkansas.
            ``(97) The Louie B. Nunn Cumberland Expressway from the
        interchange with Interstate Route 65 in Barren County, Kentucky,
        east to the interchange with United States Highway 27 in Somerset,
        Kentucky.
            ``(98) The route that generally follows State Route 7 from
        Grenada, Mississippi, to Holly Springs, Mississippi, passing in the
        vicinity of Coffeeville, Water Valley, Oxford, and Abbeville,
        Mississippi, to its logical connection with Interstate Route 22 in
        the vicinity of Holly Springs, Mississippi.
            ``(99) The Central Louisiana Corridor commencing at the logical
        terminus of Louisiana Highway 8 at the Sabine River Bridge at Burrs
        Crossing and generally following portions of Louisiana Highway 8 to
        Leesville, Louisiana, and then eastward on Louisiana Highway 28,
        passing in the vicinity of Alexandria, Pineville, Walters, and
        Archie, to the logical terminus of United States Route 84 at the
        Mississippi River Bridge at Vidalia, Louisiana.
            ``(100) The Central Mississippi Corridor, including the route--
                ``(A) commencing at the logical terminus of United States
            Route 84 at the Mississippi River and then generally following
            portions of United States Route 84 passing in the vicinity of
            Natchez, Brookhaven, Monticello, Prentiss, and Collins, to
            Interstate Route 59 in the vicinity of Laurel, Mississippi, and
            continuing on Interstate Route 59 north to Interstate Route 20
            and on Interstate Route 20 to the Mississippi-Alabama State
            border; and
                ``(B) commencing in the vicinity of Laurel, Mississippi,
            running south on Interstate Route 59 to United States Route 98
            in the vicinity of Hattiesburg, connecting to United States
            Route 49 south then following United States Route 49 south to
            Interstate Route 10 in the vicinity of Gulfport and following
            Mississippi Route 601 southerly terminating near the
            Mississippi State Port at Gulfport.
            ``(101) The Middle Alabama Corridor including the route--
                ``(A) beginning at the Alabama-Mississippi border generally
            following portions of I-20 until following a new interstate
            extension paralleling United States Highway 80, specifically--
                ``(B) crossing Alabama Route 28 near Coatopa, Alabama,
            traveling eastward crossing United States Highway 43 and
            Alabama Route 69 near Selma, Alabama, traveling eastwards
            closely paralleling United States Highway 80 to the south
            crossing over Alabama Routes 22, 41, and 21, until its
            intersection with I-65 near Hope Hull, Alabama;
                ``(C) continuing east along the proposed Montgomery Outer
            Loop south of Montgomery, Alabama where it would next join with
            I-85 east of Montgomery, Alabama;
                ``(D) continuing along I-85 east bound until its
            intersection with United States Highway 280 near Opelika,
            Alabama or United States Highway 80 near Tuskegee, Alabama;
                ``(E) generally following the most expedient route until
            intersecting with existing United States Highway 80 (JR Allen
            Parkway) through Phenix City until continuing into Columbus,
            Georgia.
            ``(102) The Middle Georgia Corridor including the route--
                ``(A) beginning at the Alabama-Georgia Border generally
            following the Fall Line Freeway from Columbus, Georgia to
            Augusta, Georgia, specifically--
                ``(B) travelling along United States Route 80 (JR Allen
            Parkway) through Columbus, Georgia and near Fort Benning,
            Georgia, east to Talbot County, Georgia where it would follow
            Georgia Route 96, then commencing on Georgia Route 49C (Fort
            Valley Bypass) to Georgia Route 49 (Peach Parkway) to its
            intersection with Interstate Route 75 in Byron, Georgia;
                ``(C) continuing north along Interstate Route 75 through
            Warner Robins and Macon, Georgia where it would meet Interstate
            Route 16, then following Interstate Route 16 east it would next
            join United States Route 80 and then onto State Route 57;
                ``(D) commencing with State Route 57 which turns into State
            Route 24 near Milledgeville, Georgia would then bypass Wrens,
            Georgia with a newly constructed bypass, and after the bypass
            it would join United States Route 1 near Fort Gordon into
            Augusta, Georgia where it will terminate at Interstate Route
            520.''.
        (b) Designation as Future Interstates.--Section 1105(e)(5)(A) of
    the Intermodal Surface Transportation Efficiency Act of 1991 (Public
    Law 102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first
    sentence--
            (1) by inserting ``subsection (c)(84),'' after ``subsection
        (c)(83),''; and
            (2) by striking ``and subsection (c)(91)'' and inserting
        ``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A),
        subsection (c)(94), subsection (c)(95), subsection (c)(96),
        subsection (c)(97), subsection (c)(99), subsection (c)(100),
        subsection (c)(101), and subsection (c)(102)''.
        (c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
    Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
    102-240; 109 Stat. 598; 133 Stat. 3018) is amended--
            (1) by striking the fifteenth sentence and inserting the
        following: ``The route referred to in subsection (c)(84)(A) is
        designated as Interstate Route I-14 North. The route referred to in
        subsection (c)(84)(B) is designated as Interstate Route I-14 South.
        The Bryan/College Station, Texas loop referred to in subsection
        (c)(84)(C) is designated as Interstate Route I-214.''; and
            (2) by adding at the end the following: ``The route referred to
        in subsection (c)(97) is designated as Interstate Route I-365. The
        routes referred to in subsections (c)(84)(C), (c)(99), (c)(100),
        (c)(101), and (c)(102) are designated as Interstate Route I-14. The
        routes referred to in subparagraphs (D), (E), (F), and (G) of
        subsection (c)(84) and subparagraph (B) of subsection (c)(100)
        shall each be given separate Interstate route numbers.''.
        (d) GAO Report on Designation of Segments as Part of Interstate
    System.--
            (1) Definition of applicable segment.--In this subsection, the
        term ``applicable segment'' means the route described in paragraph
        (92) of section 1105(c) of the Intermodal Surface Transportation
        Efficiency Act of 1991 (Public Law 102-240; 105 Stat. 2032).
            (2) Report.--
                (A) In general.--Not later than 2 years after the date on
            which the applicable segment is open for operations as part of
            the Interstate System, the Comptroller General of the United
            States shall submit to Congress a report on the impact, if any,
            during that 2-year period of allowing the continuation of
            weight limits that applied before the designation of the
            applicable segment as a route on the Interstate System.
                (B) Requirements.--The report under subparagraph (A)
            shall--
                    (i) be informed by the views and documentation provided
                by the State highway agency (or equivalent agency) in the
                State in which the applicable segment is located;
                    (ii) describe any impacts on safety and infrastructure
                on the applicable segment;
                    (iii) describe any view of the State highway agency (or
                equivalent agency) in the State in which the applicable
                segment is located on the impact of the applicable segment;
                and
                    (iv) focus only on the applicable segment.
    SEC. 11515. INTERSTATE WEIGHT LIMITS.
        Section 127 of title 23, United States Code, is amended--
            (1) in subsection (l)(3)(A)--
                (A) in the matter preceding clause (i), in the first
            sentence, by striking ``clauses (i) through (iv) of this
            subparagraph'' and inserting ``clauses (i) through (v)''; and
                (B) by adding at the end the following:
                    ``(v) The Louie B. Nunn Cumberland Expressway (to be
                designated as a spur of Interstate Route 65) from the
                interchange with Interstate Route 65 in Barren County,
                Kentucky, east to the interchange with United States
                Highway 27 in Somerset, Kentucky.''; and
            (2) by adding at the end the following:
        ``(v) Operation of Vehicles on Certain North Carolina Highways.--If
    any segment in the State of North Carolina of United States Route 17,
    United States Route 29, United States Route 52, United States Route 64,
    United States Route 70, United States Route 74, United States Route
    117, United States Route 220, United States Route 264, or United States
    Route 421 is designated as a route on the Interstate System, a vehicle
    that could operate legally on that segment before the date of such
    designation may continue to operate on that segment, without regard to
    any requirement under subsection (a).
        ``(w) Operation of Vehicles on Certain Oklahoma Highways.--If any
    segment of the highway referred to in paragraph (96) of section 1105(c)
    of the Intermodal Surface Transportation Efficiency Act of 1991 (Public
    Law 102-240; 105 Stat. 2032) is designated as a route on the Interstate
    System, a vehicle that could operate legally on that segment before the
    date of such designation may continue to operate on that segment,
    without any regard to any requirement under this section.''.
    SEC. 11516. REPORT ON AIR QUALITY IMPROVEMENTS.
        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Comptroller General of the United States shall submit
    a report that evaluates the congestion mitigation and air quality
    improvement program under section 149 of title 23, United States Code
    (referred to in this section as the ``program''), to--
            (1) the Committee on Environment and Public Works of the
        Senate; and
            (2) the Committee on Transportation and Infrastructure of the
        House of Representatives.
        (b) Contents.--The evaluation under subsection (a) shall include an
    evaluation of--
            (1) the reductions of ozone, carbon monoxide, and particulate
        matter that result from projects under the program;
            (2) the cost-effectiveness of the reductions described in
        paragraph (1);
            (3) the result of investments of funding under the program in
        minority and low-income communities that are disproportionately
        affected by ozone, carbon monoxide, and particulate matter;
            (4) the effectiveness, with respect to the attainment or
        maintenance of national ambient air quality standards under section
        109 of the Clean Air Act (42 U.S.C. 7409) for ozone, carbon
        monoxide, and particulate matter, of performance measures
        established under section 150(c)(5) of title 23, United States
        Code, and performance targets established under subsection (d) of
        that section for traffic congestion and on-road mobile source
        emissions;
            (5) the extent to which there are any types of projects that
        are not eligible funding under the program that would be likely to
        contribute to the attainment or maintenance of the national ambient
        air quality standards described in paragraph (4); and
            (6) the extent to which projects under the program reduce
        sulfur dioxide, nitrogen dioxide, and lead.
    SEC. 11517. ROADSIDE HIGHWAY SAFETY HARDWARE.
        (a) In General.--To the maximum extent practicable, the Secretary
    shall develop a process for third party verification of full-scale
    crash testing results from crash test labs, including a method for
    formally verifying the testing outcomes and providing for an
    independent pass/fail determination. In establishing such a process,
    the Secretary shall seek to ensure the independence of crash test labs
    by ensuring that those labs have a clear separation between device
    development and testing in cases in which lab employees test devices
    that were developed within the parent organization of the employee.
        (b) Continued Issuance of Eligibility Letters.--Until the
    implementation of the process described in subsection (a) is complete,
    the Secretary may, and is encouraged to, ensure that the Administrator
    of the Federal Highway Administration continues to issue Federal-aid
    reimbursement eligibility letters for roadside safety hardware as a
    service to States.
        (c) Report to Congress.--
            (1) In general.--If the Secretary seeks to discontinue issuing
        the letters described in subsection (b), the Secretary shall submit
        to the Committee on Environment and Public Works of the Senate and
        the Committee on Transportation and Infrastructure of the House of
        Representatives a report at least 1 year before discontinuing the
        letters.
            (2) Inclusions.--The report described in paragraph (1) shall
        include a summary of the third-party verification process described
        in subsection (a) that will replace the Federal Highway
        Administration issuance of eligibility letters and any other
        relevant information that the Secretary deems necessary.
    SEC. 11518. PERMEABLE PAVEMENTS STUDY.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary shall carry out a study--
            (1) to gather existing information on the effects of permeable
        pavements on flood control in different contexts, including in
        urban areas, and over the lifetime of the permeable pavement;
            (2) to perform research to fill gaps in the existing
        information gathered under paragraph (1); and
            (3) to develop--
                (A) models for the performance of permeable pavements in
            flood control; and
                (B) best practices for designing permeable pavement to meet
            flood control requirements.
        (b) Data Survey.--In carrying out the study under subsection (a),
    the Secretary shall develop--
            (1) a summary, based on available literature and models, of
        localized flood control capabilities of permeable pavement that
        considers long-term performance and cost information; and
            (2) best practices for the design of localized flood control
        using permeable pavement that considers long-term performance and
        cost information.
        (c) Publication.--The Secretary shall make a report describing the
    results of the study under subsection (a) publicly available.
    SEC. 11519. EMERGENCY RELIEF PROJECTS.
        (a) Definition of Emergency Relief Project.--In this section, the
    term ``emergency relief project'' means a project carried out under the
    emergency relief program under section 125 of title 23, United States
    Code.
        (b) Improving the Emergency Relief Program.--Not later than 90 days
    after the date of enactment of this Act, the Secretary shall--
            (1) revise the emergency relief manual of the Federal Highway
        Administration--
                (A) to include and reflect the definition of the term
            ``resilience'' (as defined in section 101(a) of title 23,
            United States Code);
                (B) to identify procedures that States may use to
            incorporate resilience into emergency relief projects; and
                (C) to encourage the use of Complete Streets design
            principles and consideration of access for moderate- and low-
            income families impacted by a declared disaster;
            (2) develop best practices for improving the use of resilience
        in--
                (A) the emergency relief program under section 125 of title
            23, United States Code; and
                (B) emergency relief efforts;
            (3) provide to division offices of the Federal Highway
        Administration and State departments of transportation information
        on the best practices developed under paragraph (2); and
            (4) develop and implement a process to track--
                (A) the consideration of resilience as part of the
            emergency relief program under section 125 of title 23, United
            States Code; and
                (B) the costs of emergency relief projects.
    SEC. 11520. STUDY ON STORMWATER BEST MANAGEMENT PRACTICES.
        (a) Study.--Not later than 180 days after the date of enactment of
    this Act, the Secretary and the Administrator of the Environment
    Protection Agency shall offer to enter into an agreement with the
    Transportation Research Board of the National Academy of Sciences to
    conduct a study--
            (1) to estimate pollutant loads from stormwater runoff from
        highways and pedestrian facilities eligible for assistance under
        title 23, United States Code, to inform the development of
        appropriate total maximum daily load (as defined in section 130.2
        of title 40, Code of Federal Regulations (or successor
        regulations)) requirements;
            (2) to provide recommendations regarding the evaluation and
        selection by State departments of transportation of potential
        stormwater management and total maximum daily load compliance
        strategies within a watershed, including environmental restoration
        and pollution abatement carried out under section 328 of title 23,
        United States Code (including any revisions to law (including
        regulations) that the Transportation Research Board determines to
        be appropriate); and
            (3) to examine the potential for the Secretary to assist State
        departments of transportation in carrying out and communicating
        stormwater management practices for highways and pedestrian
        facilities that are eligible for assistance under title 23, United
        States Code, through information-sharing agreements, database
        assistance, or an administrative platform to provide the
        information described in paragraphs (1) and (2) to entities issued
        permits under the Federal Water Pollution Control Act (33 U.S.C.
        1251 et seq.).
        (b) Requirements.--If the Transportation Research Board enters into
    an agreement under subsection (a), in conducting the study under that
    subsection, the Transportation Research Board shall--
            (1) review and supplement, as appropriate, the methodologies
        examined and recommended in the report of the National Academies of
        Sciences, Engineering, and Medicine entitled ``Approaches for
        Determining and Complying with TMDL Requirements Related to Roadway
        Stormwater Runoff'' and dated 2019;
            (2) consult with--
                (A) the Secretary;
                (B) the Administrator of the Environmental Protection
            Agency;
                (C) the Secretary of the Army, acting through the Chief of
            Engineers; and
                (D) State departments of transportation; and
            (3) solicit input from--
                (A) stakeholders with experience in implementing stormwater
            management practices for projects; and
                (B) educational and technical stormwater management groups.
        (c) Report.--If the Transportation Research Board enters into an
    agreement under subsection (a), not later than 18 months after the date
    of enactment of this Act, the Transportation Research Board shall
    submit to the Secretary, the Committee on Environment and Public Works
    of the Senate, and the Committee on Transportation and Infrastructure
    of the House of Representatives a report describing the results of the
    study.
    SEC. 11521. STORMWATER BEST MANAGEMENT PRACTICES REPORTS.
        (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Federal Highway Administration.
            (2) Best management practices report.--The term ``best
        management practices report'' means--
                (A) the 2014 report sponsored by the Administrator entitled
            ``Determining the State of the Practice in Data Collection and
            Performance Measurement of Stormwater Best Management
            Practices''; and
                (B) the 1997 report sponsored by the Administrator entitled
            ``Stormwater Best Management Practices in an Ultra-Urban
            Setting: Selection and Monitoring''.
        (b) Reissuance.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall update and reissue each best
    management practices report to reflect new information and advancements
    in stormwater management.
        (c) Updates.--Not less frequently than once every 5 years after the
    date on which the Administrator reissues a best management practices
    report described in subsection (b), the Administrator shall update and
    reissue the best management practices report until the earlier of the
    date on which--
            (1) the best management practices report is withdrawn; or
            (2) the contents of the best management practices report are
        incorporated (including by reference) into applicable regulations
        of the Administrator.
    SEC. 11522. INVASIVE PLANT ELIMINATION PROGRAM.
        (a) Definitions.--In this section:
            (1) Invasive plant.--The term ``invasive plant'' means a
        nonnative plant, tree, grass, or weed species, including, at a
        minimum, cheatgrass, Ventenata dubia, medusahead, bulbous
        bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle,
        phragmites, autumn olive, Bradford pear, wild parsnip, sericea
        lespedeza, spotted knapweed, garlic mustard, and palmer amaranth.
            (2) Program.--The term ``program'' means the grant program
        established under subsection (b).
            (3) Transportation corridor.--The term ``transportation
        corridor'' means a road, highway, railroad, or other surface
        transportation route.
        (b) Establishment.--The Secretary shall carry out a program to
    provide grants to States to eliminate or control existing invasive
    plants or prevent introduction of or encroachment by new invasive
    plants along and in areas adjacent to transportation corridor rights-
    of-way.
        (c) Application.--To be eligible to receive a grant under the
    program, a State shall submit to the Secretary an application at such
    time, in such manner, and containing such information as the Secretary
    may require.
        (d) Eligible Activities.--
            (1) In general.--Subject to this subsection, a State that
        receives a grant under the program may use the grant funds to carry
        out activities to eliminate or control existing invasive plants or
        prevent introduction of or encroachment by new invasive plants
        along and in areas adjacent to transportation corridor rights-of-
        way.
            (2) Prioritization of projects.--In carrying out the program,
        the Secretary shall give priority to projects that utilize
        revegetation with native plants and wildflowers, including those
        that are pollinator-friendly.
            (3) Prohibition on certain uses of funds.--Amounts provided to
        a State under the program may not be used for costs relating to
        mowing a transportation corridor right-of-way or the adjacent area
        unless--
                (A) mowing is identified as the best means of treatment
            according to best management practices; or
                (B) mowing is used in conjunction with another treatment.
            (4) Limitation.--Not more than 10 percent of the amounts
        provided to a State under the program may be used for the purchase
        of equipment.
            (5) Administrative and indirect costs.--Not more than 5 percent
        of the amounts provided to a State under the program may be used
        for the administrative and other indirect costs (such as full time
        employee salaries, rent, insurance, subscriptions, utilities, and
        office supplies) of carrying out eligible activities.
        (e) Requirements.--
            (1) Coordination.--In carrying out eligible activities with a
        grant under the program, a State shall coordinate with--
                (A) units of local government, political subdivisions of
            the State, and Tribal authorities that are carrying out
            eligible activities in the areas to be treated;
                (B) local regulatory authorities, in the case of a
            treatment along or adjacent to a railroad right-of-way; and
                (C) with respect to the most effective roadside control
            methods, State and Federal land management agencies and any
            relevant Tribal authorities.
            (2) Annual report.--Not later than 1 year after the date on
        which a State receives a grant under the program, and annually
        thereafter, that State shall provide to the Secretary an annual
        report on the treatments carried out using funds from the grant.
        (f) Federal Share.--
            (1) In general.--The Federal share of the cost of an eligible
        activity carried out using funds from a grant under the program
        shall be--
                (A) in the case of a project that utilizes revegetation
            with native plants and wildflowers, including those that are
            pollinator-friendly, 75 percent; and
                (B) in the case of any other project not described in
            subparagraph (A), 50 percent.
            (2) Certain funds counted toward non-federal share.--A State
        may include amounts expended by the State or a unit of local
        government in the State to address current invasive plant
        populations and prevent future infestation along or in areas
        adjacent to transportation corridor rights-of-way in calculating
        the non-Federal share required under the program.
        (g) Funding.--There is authorized to be appropriated to carry out
    the program $50,000,000 for each of fiscal years 2022 through 2026.
    SEC. 11523. OVER-THE-ROAD BUS TOLLING EQUITY.
        Section 129(a) of title 23, United States Code, is amended--
            (1) in paragraph (3)(B)(i), by inserting ``, together with the
        results of the audit under paragraph (9)(C),'' after ``the
        audits''; and
            (2) in paragraph (9)--
                (A) by striking ``An over-the-road'' and inserting the
            following:
                ``(A) In general.--An over-the-road'';
                (B) in subparagraph (A) (as so designated), by striking
            ``public transportation buses'' and inserting ``public
            transportation vehicles''; and
                (C) by adding at the end the following:
                ``(B) Reports.--
                    ``(i) In general.--Not later than 90 days after the
                date of enactment of this subparagraph, a public authority
                that operates a toll facility shall report to the Secretary
                any rates, terms, or conditions for access to the toll
                facility by public transportation vehicles that differ from
                the rates, terms, or conditions applicable to over-the-road
                buses.
                    ``(ii) Updates.--A public authority that operates a
                toll facility shall report to the Secretary any change to
                the rates, terms, or conditions for access to the toll
                facility by public transportation vehicles that differ from
                the rates, terms, or conditions applicable to over-the-road
                buses by not later than 30 days after the date on which the
                change takes effect.
                    ``(iii) Publication.--The Secretary shall publish
                information reported to the Secretary under clauses (i) and
                (ii) on a publicly accessible internet website.
                ``(C) Annual audit.--
                    ``(i) In general.--A public authority (as defined in
                section 101(a)) with jurisdiction over a toll facility
                shall--

                        ``(I) conduct or have an independent auditor
                    conduct an annual audit of toll facility records to
                    verify compliance with this paragraph; and
                        ``(II) report the results of the audit, together
                    with the results of the audit under paragraph (3)(B),
                    to the Secretary.

                    ``(ii) Records.--After providing reasonable notice, a
                public authority described in clause (i) shall make all
                records of the public authority pertaining to the toll
                facility available for audit by the Secretary.
                    ``(iii) Noncompliance.--If the Secretary determines
                that a public authority described in clause (i) has not
                complied with this paragraph, the Secretary may require the
                public authority to discontinue collecting tolls until an
                agreement with the Secretary is reached to achieve
                compliance.''.
    SEC. 11524. BRIDGE TERMINOLOGY.
        (a) Condition of NHS Bridges.--Section 119(f)(2) of title 23,
    United States Code, is amended by striking ``structurally deficient''
    each place it appears and inserting ``in poor condition''.
        (b) National Bridge and Tunnel Inventories.--Section 144(b)(5) of
    title 23, United States Code, is amended by striking ``structurally
    deficient bridge'' and inserting ``bridge classified as in poor
    condition''.
        (c) Tribal Transportation Facility Bridges.--Section 202(d) of
    title 23, United States Code, is amended--
            (1) in paragraph (1), by striking ``deficient bridges eligible
        for the tribal transportation program'' and inserting ``bridges
        eligible for the tribal transportation program classified as in
        poor condition, having low load capacity, or needing geometric
        improvements''; and
            (2) in paragraph (3)(C), by striking ``structurally deficient
        or functionally obsolete'' and inserting ``classified as in poor
        condition, having a low load capacity, or needing geometric
        improvements''.
    SEC. 11525. TECHNICAL CORRECTIONS.
        (a) Section 101(b)(1) of title 23, United States Code, is amended
    by inserting ``Highways'' after ``and Defense''.
        (b) Section 104(f)(3) of title 23, United States Code, is amended--
            (1) in the paragraph heading, by striking ``federal highway
        administration'' and inserting ``an operating administration of the
        department of transportation''; and
            (2) in subparagraph (A), by striking ``the Federal Highway
        Administration'' and inserting ``an operating administration of the
        Department of Transportation''.
        (c) Section 108(c)(3)(F) of title 23, United States Code, is
    amended--
            (1) by inserting ``of 1969 (42 U.S.C. 4321 et seq.)'' after
        ``Policy Act''; and
            (2) by striking ``this Act'' and inserting ``this title''.
        (d) Section 112(b)(2) of title 23, United States Code, is amended
    by striking ``(F) (F) Subparagraphs'' and inserting the following:
                ``(F) Exclusion.--Subparagraphs''.
        (e) Section 115(c) of title 23, United States Code, is amended by
    striking ``section 135(f)'' and inserting ``section 135(g)''.
        (f) Section 130(g) of title 23, United States Code, is amended--
            (1) in the third sentence--
                (A) by striking ``and Transportation,'' and inserting ``and
            Transportation''; and
                (B) by striking ``thereafter,,'' and inserting
            ``thereafter,''; and
            (2) in the fifth sentence, by striking ``railroad highway'' and
        inserting ``railway-highway''.
        (g) Section 135(g) of title 23, United States Code, is amended--
            (1) in paragraph (3), by striking ``operators),,'' and
        inserting ``operators),''; and
            (2) in paragraph (6)(B), by striking ``5310, 5311, 5316, and
        5317'' and inserting ``5310 and 5311''.
        (h) Section 139 of title 23, United States Code (as amended by
    section 11301), is amended--
            (1) in subsection (b)(1), by inserting ``(42 U.S.C. 4321 et
        seq.)'' after ``of 1969'';
            (2) in subsection (c), by inserting ``(42 U.S.C. 4321 et
        seq.)'' after ``of 1969'' each place it appears; and
            (3) in subsection (k)(2), by inserting ``(42 U.S.C. 4321 et
        seq.)'' after ``of 1969''.
        (i) Section 140(a) of title 23, United States Code, is amended, in
    the third sentence, by inserting a comma after ``Secretary''.
        (j) Section 148(i)(2)(D) of title 23, United States Code, is
    amended by striking ``safety safety'' and inserting ``safety''.
        (k) Section 166(a)(1) of title 23, United States Code, is amended
    by striking the paragraph designation and heading and all that follows
    through ``A public authority'' and inserting the following:
            ``(1) Authority of public authorities.--A public authority''.
        (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is
    amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting ``(25
    U.S.C. 5301 et seq.)''.
        (m) Section 202 of title 23, United States Code, is amended--
            (1) by striking ``(25 U.S.C. 450 et seq.)'' each place it
        appears and inserting ``(25 U.S.C. 5301 et seq.)'';
            (2) in subsection (a)(10)(B), by striking ``(25 U.S.C.
        450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
            (3) in subsection (b)(5), in the matter preceding subparagraph
        (A), by inserting ``the'' after ``agreement under''.
        (n) Section 206(d)(2)(G) of title 23, United States Code, is
    amended by striking ``use of recreational trails'' and inserting ``uses
    of recreational trails''.
        (o) Section 207 of title 23, United States Code, is amended--
            (1) in subsection (g)--
                (A) by striking ``(25 U.S.C. 450j-1)'' and inserting ``(25
            U.S.C. 5325)''; and
                (B) by striking ``(25 U.S.C. 450j-1(f))'' and inserting
            ``(25 U.S.C. 5325(f))'';
            (2) in subsection (l)--
                (A) in paragraph (1), by striking ``(25 U.S.C. 458aaa-5)''
            and inserting ``(25 U.S.C. 5386)'';
                (B) in paragraph (2), by striking ``(25 U.S.C. 458aaa-6)''
            and inserting ``(25 U.S.C. 5387)'';
                (C) in paragraph (3), by striking ``(25 U.S.C. 458aaa-7)''
            and inserting ``(25 U.S.C. 5388)'';
                (D) in paragraph (4), by striking ``(25 U.S.C. 458aaa-9)''
            and inserting ``(25 U.S.C. 5390)'';
                (E) in paragraph (5), by striking ``(25 U.S.C. 458aaa-10)''
            and inserting ``(25 U.S.C. 5391)'';
                (F) in paragraph (6), by striking ``(25 U.S.C. 458aaa-11)''
            and inserting ``(25 U.S.C. 5392)'';
                (G) in paragraph (7), by striking ``(25 U.S.C. 458aaa-14)''
            and inserting ``(25 U.S.C. 5395)'';
                (H) in paragraph (8), by striking ``(25 U.S.C. 458aaa-15)''
            and inserting ``(25 U.S.C. 5396)''; and
                (I) in paragraph (9), by striking ``(25 U.S.C. 458aaa-17)''
            and inserting ``(25 U.S.C. 5398)''; and
            (3) in subsection (m)(2)--
                (A) by striking ``505'' and inserting ``501''; and
                (B) by striking ``(25 U.S.C. 450b; 458aaa)'' and inserting
            ``(25 U.S.C. 5304; 5381)''.
        (p) Section 217(d) of title 23, United States Code, is amended by
    striking ``104(b)(3)'' and inserting ``104(b)(4)''.
        (q) Section 323(d) of title 23, United States Code, is amended in
    the matter preceding paragraph (1), in the second sentence, by
    inserting ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
        (r) Section 325 of title 23, United States Code, is repealed.
        (s) Section 504(g)(6) of title 23, United States Code, is amended
    by striking ``make grants or to'' and inserting ``make grants to''.
        (t) The analysis for chapter 3 of title 23, United States Code, is
    amended by striking the item relating to section 325.
    SEC. 11526. WORKING GROUP ON COVERED RESOURCES.
        (a) Definitions.--In this section:
            (1) Covered resource.--The term ``covered resource'' means a
        common variety material used in transportation infrastructure
        construction and maintenance, including stone, sand, and gravel.
            (2) State.--The term ``State'' means each of the several
        States, the District of Columbia, and each territory or possession
        of the United States.
            (3) Working group.--The term ``Working Group'' means the
        working group established under subsection (b).
        (b) Establishment.--Not later than 120 days after the date of
    enactment of this Act, the Secretary shall establish a working group to
    conduct a study on access to covered resources for infrastructure
    projects.
        (c) Membership.--
            (1) Appointment.--The Secretary shall appoint to the Working
        Group individuals with knowledge and expertise in the production
        and transportation of covered resources.
            (2) Representation.--The Working Group shall include not less
        than 1 representative of each of the following:
                (A) State departments of transportation.
                (B) State agencies associated with covered resources
            protection.
                (C) State planning and geologic survey and mapping
            agencies.
                (D) Commercial motor vehicle operators, including small
            business operators and operators who transport covered
            resources.
                (E) Covered resources producers.
                (F) Construction contractors.
                (G) Labor organizations.
                (H) Metropolitan planning organizations and regional
            planning organizations.
                (I) Indian Tribes, including Tribal elected leadership or
            Tribal transportation officials.
                (J) Any other stakeholders that the Secretary determines
            appropriate.
            (3) Termination.--The Working Group shall terminate 180 days
        after the date on which the Secretary receives the report under
        subsection (f)(1).
        (d) Duties.--In carrying out the study required under subsection
    (b), the Working Group shall analyze--
            (1) the use of covered resources in transportation projects
        funded with Federal dollars;
            (2) how the proximity of covered resources to such projects
        affects the cost and environmental impact of those projects;
            (3) whether and how State, Tribal, and local transportation and
        planning agencies consider covered resources when developing
        transportation projects; and
            (4) any challenges for transportation project sponsors
        regarding access and proximity to covered resources.
        (e) Consultation.--In carrying out the study required under
    subsection (b), the Working Group shall consult with, as appropriate--
            (1) chief executive officers of States;
            (2) State, Tribal, and local transportation and planning
        agencies;
            (3) other relevant State, Tribal, and local agencies, including
        State agencies associated with covered resources protection;
            (4) members of the public with industry experience with respect
        to covered resources;
            (5) other Federal entities that provide funding for
        transportation projects; and
            (6) any other stakeholder the Working Group determines
        appropriate.
        (f) Reports.--
            (1) Working group report.--Not later than 2 years after the
        date on which the Working Group is established, the Working Group
        shall submit to the Secretary a report that includes--
                (A) the findings of the study required under subsection
            (b), including a summary of comments received during the
            consultation process under subsection (e); and
                (B) any recommendations to preserve access to and reduce
            the costs and environmental impacts of covered resources for
            infrastructure projects.
            (2) Departmental report.--Not later than 90 days after the date
        on which the Secretary receives the report under paragraph (1), the
        Secretary shall submit to the Committee on Transportation and
        Infrastructure of the House of Representatives and the Committee on
        Environment and Public Works of the Senate a summary of the
        findings under the report and any recommendations, as appropriate.
    SEC. 11527. BLOOD TRANSPORT VEHICLES.
        Section 166(b) of title 23, United States Code, is amended by
    adding at the end the following:
            ``(6) Blood transport vehicles.--The public authority may allow
        blood transport vehicles that are transporting blood between a
        collection point and a hospital or storage center to use the HOV
        facility if the public authority establishes requirements for
        clearly identifying such vehicles.''.
    SEC. 11528. POLLINATOR-FRIENDLY PRACTICES ON ROADSIDES AND HIGHWAY
    RIGHTS-OF-WAY.
        (a) In General.--Chapter 3 of title 23, United States Code (as
    amended by section 11309(a)), is amended by adding at the end the
    following:
    ``Sec. 332. Pollinator-friendly practices on roadsides and highway
       rights-of-way
        ``(a) In General.--The Secretary shall establish a program to
    provide grants to eligible entities to carry out activities to benefit
    pollinators on roadsides and highway rights-of-way, including the
    planting and seeding of native, locally-appropriate grasses and
    wildflowers, including milkweed.
        ``(b) Eligible Entities.--An entity eligible to receive a grant
    under this section is--
            ``(1) a State department of transportation;
            ``(2) an Indian tribe; or
            ``(3) a Federal land management agency.
        ``(c) Application.--To be eligible to receive a grant under this
    section, an eligible entity shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require, including a pollinator-
    friendly practices plan described in subsection (d).
        ``(d) Pollinator-friendly Practices Plan.--
            ``(1) In general.--An eligible entity shall include in the
        application under subsection (c) a plan that describes the
        pollinator-friendly practices that the eligible entity has
        implemented or plans to implement, including--
                ``(A) practices relating to mowing strategies that promote
            early successional vegetation and limit disturbance during
            periods of highest use by target pollinator species on
            roadsides and highway rights-of-way, such as--
                    ``(i) reducing the mowing swath outside of the State-
                designated safety zone;
                    ``(ii) increasing the mowing height;
                    ``(iii) reducing the mowing frequency;
                    ``(iv) refraining from mowing monarch and other
                pollinator habitat during periods in which monarchs or
                other pollinators are present;
                    ``(v) use of a flushing bar and cutting at reduced
                speeds to reduce pollinator deaths due to mowing; or
                    ``(vi) reducing raking along roadsides and highway
                rights-of-way;
                ``(B) implementation of an integrated vegetation management
            plan that includes approaches such as mechanical tree and brush
            removal, targeted and judicious use of herbicides, and mowing,
            to address weed issues on roadsides and highway rights-of-way;
                ``(C) planting or seeding of native, locally-appropriate
            grasses and wildflowers, including milkweed, on roadsides and
            highway rights-of-way to enhance pollinator habitat, including
            larval host plants;
                ``(D) removing nonnative grasses from planting and seeding
            mixes, except for use as nurse or cover crops;
                ``(E) obtaining expert training or assistance on
            pollinator-friendly practices, including--
                    ``(i) native plant identification;
                    ``(ii) establishment and management of locally-
                appropriate native plants that benefit pollinators;
                    ``(iii) land management practices that benefit
                pollinators; and
                    ``(iv) pollinator-focused integrated vegetation
                management; or
                ``(F) any other pollinator-friendly practices the Secretary
            determines to be appropriate.
            ``(2) Coordination.--In developing a plan under paragraph (1),
        an eligible entity that is a State department of transportation or
        a Federal land management agency shall coordinate with applicable
        State agencies, including State agencies with jurisdiction over
        agriculture and fish and wildlife.
            ``(3) Consultation.--In developing a plan under paragraph (1)--
                ``(A) an eligible entity that is a State department of
            transportation or a Federal land management agency shall
            consult with affected or interested Indian tribes; and
                ``(B) any eligible entity may consult with nonprofit
            organizations, institutions of higher education, metropolitan
            planning organizations, and any other relevant entities.
        ``(e) Award of Grants.--
            ``(1) In general.--The Secretary shall provide a grant to each
        eligible entity that submits an application under subsection (c),
        including a plan under subsection (d), that the Secretary
        determines to be satisfactory.
            ``(2) Amount of grants.--The amount of a grant under this
        section--
                ``(A) shall be based on the number of pollinator-friendly
            practices the eligible entity has implemented or plans to
            implement; and
                ``(B) shall not exceed $150,000.
        ``(f) Use of Funds.--An eligible entity that receives a grant under
    this section shall use the funds for the implementation, improvement,
    or further development of the plan under subsection (d).
        ``(g) Federal Share.--The Federal share of the cost of an activity
    carried out with a grant under this section shall be 100 percent.
        ``(h) Best Practices.--The Secretary shall develop and make
    available to eligible entities best practices for, and a priority
    ranking of, pollinator-friendly practices on roadsides and highway
    rights-of-way.
        ``(i) Technical Assistance.--On request of an eligible entity that
    receives a grant under this section, the Secretary shall provide
    technical assistance with the implementation, improvement, or further
    development of a plan under subsection (d).
        ``(j) Administrative Costs.--For each fiscal year, the Secretary
    may use not more than 2 percent of the amounts made available to carry
    out this section for the administrative costs of carrying out this
    section.
        ``(k) Report.--Not later than 1 year after the date on which the
    first grant is provided under this section, the Secretary shall submit
    to the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the implementation of the program under
    this section.
        ``(l) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out this section $2,000,000 for each of fiscal years 2022
        through 2026.
            ``(2) Availability.--Amounts made available under this section
        shall remain available for a period of 3 years after the last day
        of the fiscal year for which the funds are authorized.''.
        (b) Clerical Amendment.--The analysis for chapter 3 of title 23,
    United States Code (as amended by section 11309(b)), is amended by
    adding at the end the following:
    ``332. Pollinator-friendly practices on roadsides and highway rights-of-
              way.''.
    SEC. 11529. ACTIVE TRANSPORTATION INFRASTRUCTURE INVESTMENT PROGRAM.
        (a) In General.--Subject to the availability of appropriations, the
    Secretary shall carry out an active transportation infrastructure
    investment program to make grants, on a competitive basis, to eligible
    organizations to construct eligible projects to provide safe and
    connected active transportation facilities in an active transportation
    network or active transportation spine.
        (b) Application.--
            (1) In general.--To be eligible to receive a grant under this
        section, an eligible organization shall submit to the Secretary an
        application in such manner and containing such information as the
        Secretary may require.
            (2) Eligible projects partially on federal land.--With respect
        to an application for an eligible project that is located in part
        on Federal land, an eligible organization shall enter into a
        cooperative agreement with the appropriate Federal agency with
        jurisdiction over such land to submit an application described in
        paragraph (1).
        (c) Application Considerations.--In making a grant for construction
    of an active transportation network or active transportation spine
    under this section, the Secretary shall consider the following:
            (1) Whether the eligible organization submitted a plan for an
        eligible project for the development of walking and bicycling
        infrastructure that is likely to provide substantial additional
        opportunities for walking and bicycling, including effective
        plans--
                (A) to create an active transportation network connecting
            destinations within or between communities, including schools,
            workplaces, residences, businesses, recreation areas, and other
            community areas, or create an active transportation spine
            connecting two or more communities, metropolitan regions, or
            States; and
                (B) to integrate active transportation facilities with
            transit services, where available, to improve access to public
            transportation.
            (2) Whether the eligible organization demonstrates broad
        community support through--
                (A) the use of public input in the development of
            transportation plans; and
                (B) the commitment of community leaders to the success and
            timely implementation of an eligible project.
            (3) Whether the eligible organization provides evidence of
        commitment to traffic safety, regulations, financial incentives, or
        community design policies that facilitate significant increases in
        walking and bicycling.
            (4) The extent to which the eligible organization demonstrates
        commitment of State, local, or eligible Federal matching funds, and
        land or in-kind contributions, in addition to the local match
        required under subsection (f)(1), unless the applicant qualifies
        for an exception under subsection (f)(2).
            (5) The extent to which the eligible organization demonstrates
        that the grant will address existing disparities in bicyclist and
        pedestrian fatality rates based on race or income level or provide
        access to jobs and services for low-income communities and
        disadvantaged communities.
            (6) Whether the eligible organization demonstrates how
        investment in active transportation will advance safety for
        pedestrians and cyclists, accessibility to jobs and key
        destinations, economic competitiveness, environmental protection,
        and quality of life.
        (d) Use of Funds.--
            (1) In general.--Of the amounts made available to carry out
        this section and subject to paragraphs (2) and (3), the Secretary
        shall obligate--
                (A) not less than 30 percent to eligible projects that
            construct active transportation networks that connect people
            with public transportation, businesses, workplaces, schools,
            residences, recreation areas, and other community activity
            centers; and
                (B) not less than 30 percent to eligible projects that
            construct active transportation spines.
            (2) Planning and design grants.--Each fiscal year, the
        Secretary shall set aside not less than $3,000,000 of the funds
        made available to carry out this section to provide planning grants
        for eligible organizations to develop plans for active
        transportation networks and active transportation spines.
            (3) Administrative costs.--Each fiscal year, the Secretary
        shall set aside not more than $2,000,000 of the funds made
        available to carry out this section to cover the costs of
        administration, research, technical assistance, communications, and
        training activities under the program.
            (4) Limitation on statutory construction.--Nothing in this
        subsection prohibits an eligible organization from receiving
        research or other funds under title 23 or 49, United States Code.
        (e) Grant Timing.--
            (1) Request for application.--Not later than 30 days after
        funds are made available to carry out this section for a fiscal
        year, the Secretary shall publish in the Federal Register a request
        for applications for grants under this section for that fiscal
        year.
            (2) Selection of grant recipients.--Not later than 150 days
        after funds are made available to carry out this section for a
        fiscal year, the Secretary shall select grant recipients of grants
        under this section for that fiscal year.
        (f) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the
        Federal share of the cost of an eligible project carried out using
        a grant under this section shall not exceed 80 percent of the total
        project cost.
            (2) Exception for disadvantaged communities.--For eligible
        projects serving communities with a poverty rate of over 40 percent
        based on the majority of census tracts served by the eligible
        project, the Secretary may increase the Federal share of the cost
        of the eligible project up to 100 percent of the total project
        cost.
        (g) Assistance to Indian Tribes.--In carrying out this section, the
    Secretary may enter into grant agreements, self-determination
    contracts, and self-governance compacts under the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5301 et seq.)
    with Indian tribes that are eligible organizations, and such
    agreements, contracts, and compacts shall be administered in accordance
    with that Act.
        (h) Reports.--
            (1) Interim report.--Not later than September 30, 2024, the
        Secretary shall submit to Congress a report containing the
        information described in paragraph (3).
            (2) Final report.--Not later than September 30, 2026, the
        Secretary shall submit to Congress a report containing the
        information described in paragraph (3).
            (3) Report information.--A report submitted under this
        subsection shall contain the following, with respect to the period
        covered by the applicable report:
                (A) A list of grants made under this section.
                (B) Best practices of eligible organizations that receive
            grants under this section in implementing eligible projects.
                (C) Impediments experienced by eligible organizations that
            receive grants under this section in developing and shifting to
            active transportation.
        (i) Rule Required.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall issue a final rule that
    encourages the use of the programmatic categorical exclusion, expedited
    procurement techniques, and other best practices to facilitate
    productive and timely expenditures for eligible projects that are
    small, low-impact, and constructed within an existing built
    environment.
        (j) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to the
        Secretary to carry out this section $200,000,000 for each of fiscal
        years 2022 through 2026.
            (2) Availability.--The amounts made available to carry out this
        section shall remain available until expended.
        (k) Treatment of Projects.--Notwithstanding any other provision of
    law, a project assisted under this section shall be treated as a
    project on a Federal-aid highway under chapter 1 of title 23, United
    States Code.
        (l) Definitions.--In this section:
            (1) Active transportation.--The term ``active transportation''
        means mobility options powered primarily by human energy, including
        bicycling and walking.
            (2) Active transportation network.--The term ``active
        transportation network'' means facilities built for active
        transportation, including sidewalks, bikeways, and pedestrian and
        bicycle trails, that connect between destinations within a
        community or metropolitan region.
            (3) Active transportation spine.--The term ``active
        transportation spine'' means facilities built for active
        transportation, including sidewalks, bikeways, and pedestrian and
        bicycle trails that connect between communities, metropolitan
        regions, or States.
            (4) Community.--The term ``community'' means a geographic area
        that is socioeconomically interdependent and may include rural,
        suburban, and urban jurisdictions.
            (5) Eligible organization.--The term ``eligible organization''
        means--
                (A) a local or regional governmental organization,
            including a metropolitan planning organization or regional
            planning organization or council;
                (B) a multicounty special district;
                (C) a State;
                (D) a multistate group of governments; or
                (E) an Indian tribe.
            (6) Eligible project.--The term ``eligible project'' means an
        active transportation project or group of projects--
                (A) within or between a community or group of communities,
            at least one of which falls within the jurisdiction of an
            eligible organization, which has submitted an application under
            this section; and
                (B) that has--
                    (i) a total cost of not less than $15,000,000; or
                    (ii) with respect to planning and design grants,
                planning and design costs of not less than $100,000.
            (7) Indian tribe.--The term ``Indian tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (8) Total project cost.--The term ``total project cost'' means
        the sum total of all costs incurred in the development of an
        eligible project that are approved by the Secretary as reasonable
        and necessary, including--
                (A) the cost of acquiring real property;
                (B) the cost of site preparation, demolition, and
            development;
                (C) expenses related to the issuance of bonds or notes;
                (D) fees in connection with the planning, execution, and
            financing of the eligible project;
                (E) the cost of studies, surveys, plans, permits,
            insurance, interest, financing, tax, and assessments;
                (F) the cost of construction, rehabilitation,
            reconstruction, and equipping the eligible project;
                (G) the cost of land improvements;
                (H) contractor fees;
                (I) the cost of training and education related to the
            safety of users of any bicycle or pedestrian network or spine
            constructed as part of an eligible project; and
                (J) any other cost that the Secretary determines is
            necessary and reasonable.
    SEC. 11530. HIGHWAY COST ALLOCATION STUDY.
        (a) In General.--Not later than 4 years after the date of enactment
    of this Act, the Secretary, in coordination with State departments of
    transportation, shall carry out a highway cost allocation study to
    determine the direct costs of highway use by various types of users.
        (b) Inclusions.--The study under subsection (a) shall include an
    examination of--
            (1) the Federal costs occasioned in the design, construction,
        rehabilitation, and maintenance of Federal-aid highways by--
                (A) the use of vehicles of different dimensions, weights,
            number of axles, and other specifications; and
                (B) the frequency of those vehicles in the traffic stream;
            (2) the safety-, emissions-, congestion-, and noise-related
        costs of highway use by various types of users, and other costs as
        determined by the Secretary; and
            (3) the proportionate share of the costs described in paragraph
        (1) that are attributable to each class of highway users.
        (c) Requirements.--In carrying out the study under subsection (a),
    the Secretary shall--
            (1) ensure that the study examines only direct costs of highway
        use;
            (2) capture the various driving conditions in different
        geographic areas of the United States;
            (3) to the maximum extent practicable, distinguish between
        costs directly occasioned by a highway user class and costs
        occasioned by all highway user classes; and
            (4) compare the costs occasioned by various highway user
        classes with the user fee revenue contributed to the Highway Trust
        Fund by those highway user classes.
        (d) Reports.--
            (1) Interim reports.--Not less frequently than annually during
        the period during which the Secretary is carrying out the study
        under subsection (a), the Secretary shall submit to Congress an
        interim report on the progress of the study.
            (2) Final report.--On completion of the study under subsection
        (a), the Secretary shall submit to Congress a final report on the
        results of the study, including the recommendations under
        subsection (e).
        (e) Recommendations.--On completion of the study under subsection
    (a), the Secretary, in coordination with the Secretary of the Treasury,
    shall develop recommendations for a set of revenue options to fully
    cover the costs occasioned by highway users, including recommendations
    for--
            (1) changes to existing revenue streams; and
            (2) new revenue streams based on user fees.

         TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

    SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION ACT OF
    1998 AMENDMENTS.
        (a) Definitions.--Section 601(a) of title 23, United States Code,
    is amended--
            (1) in subparagraph (E) of paragraph (10), by striking ``3
        years'' and inserting ``5 years''; and
            (2) in paragraph (12)--
                (A) by striking subparagraph (E) and inserting the
            following:
                ``(E) a project to improve or construct public
            infrastructure--
                    ``(i) that--

                        ``(I) is located within walking distance of, and
                    accessible to, a fixed guideway transit facility,
                    passenger rail station, intercity bus station, or
                    intermodal facility, including a transportation, public
                    utility, or capital project described in section
                    5302(3)(G)(v) of title 49, and related infrastructure;
                    or
                        ``(II) is a project for economic development,
                    including commercial and residential development, and
                    related infrastructure and activities--

                            ``(aa) that incorporates private investment;
                            ``(bb) that is physically or functionally
                        related to a passenger rail station or multimodal
                        station that includes rail service;
                            ``(cc) for which the project sponsor has a high
                        probability of commencing the contracting process
                        for construction by not later than 90 days after
                        the date on which credit assistance under the TIFIA
                        program is provided for the project; and
                            ``(dd) that has a high probability of reducing
                        the need for financial assistance under any other
                        Federal program for the relevant passenger rail
                        station or service by increasing ridership, tenant
                        lease payments, or other activities that generate
                        revenue exceeding costs; and
                    ``(ii) for which, by not later than September 30, 2026,
                the Secretary has--

                        ``(I) received a letter of interest; and
                        ``(II) determined that the project is eligible for
                    assistance;'';

                (B) in subparagraph (F), by striking the period at the end
            and inserting a semicolon; and
                (C) by adding at the end the following:
                ``(G) an eligible airport-related project (as defined in
            section 40117(a) of title 49) for which, not later than
            September 30, 2025, the Secretary has--
                    ``(i) received a letter of interest; and
                    ``(ii) determined that the project is eligible for
                assistance; and
                ``(H) a project for the acquisition of plant and wildlife
            habitat pursuant to a conservation plan that--
                    ``(i) has been approved by the Secretary of the
                Interior pursuant to section 10 of the Endangered Species
                Act of 1973 (16 U.S.C. 1539); and
                    ``(ii) in the judgment of the Secretary, would mitigate
                the environmental impacts of transportation infrastructure
                projects otherwise eligible for assistance under this
                title.''.
        (b) Eligibility.--Section 602(a)(2) of title 23, United States
    Code, is amended--
            (1) in subparagraph (A)(iv)--
                (A) by striking ``a rating'' and inserting ``an investment-
            grade rating''; and
                (B) by striking ``$75,000,000'' and inserting
            ``$150,000,000''; and
            (2) in subparagraph (B)--
                (A) by striking ``the senior debt'' and inserting ``senior
            debt''; and
                (B) by striking ``credit instrument is for an amount less
            than $75,000,000'' and inserting ``total amount of other senior
            debt and the Federal credit instrument is less than
            $150,000,000''.
        (c) Federal Requirements.--Section 602(c)(1) of title 23, United
    States Code, is amended in the matter preceding subparagraph (A) by
    striking ``and the requirements of section 5333(a) of title 49 for rail
    projects,'' and inserting ``the requirements of section 5333(a) of
    title 49 for rail projects, and the requirements of sections 47112(b)
    and 50101 of title 49 for airport-related projects,''.
        (d) Processing Timelines.--Section 602(d) of title 23, United
    States Code, is amended--
            (1) by redesignating paragraphs (1) and (2) as paragraphs (2)
        and (3), respectively;
            (2) in paragraph (3) (as so redesignated), by striking
        ``paragraph (1)'' and inserting ``paragraph (2)''; and
            (3) by inserting before paragraph (2) (as so redesignated) the
        following:
            ``(1) Processing timelines.--Except in the case of an
        application described in subsection (a)(8) and to the maximum
        extent practicable, the Secretary shall provide an applicant with a
        specific estimate of the timeline for the approval or disapproval
        of the application of the applicant, which, to the maximum extent
        practicable, the Secretary shall endeavor to complete by not later
        than 150 days after the date on which the applicant submits a
        letter of interest to the Secretary.''.
        (e) Maturity Date of Certain Secured Loans.--Section 603(b)(5) of
    title 23, United States Code, is amended--
            (1) in subparagraph (A), in the matter preceding clause (i), by
        striking ``subparagraph (B)'' and inserting ``subparagraphs (B) and
        (C)''; and
            (2) by adding at the end the following:
                ``(C) Long lived assets.--In the case of a capital asset
            with an estimated life of more than 50 years, the final
            maturity date of the secured loan shall be the lesser of--
                    ``(i) 75 years after the date of substantial completion
                of the project; or
                    ``(ii) 75 percent of the estimated useful life of the
                capital asset.''.
        (f) Secured Loans.--Section 603(c)(4)(A) of title 23, United States
    Code, is amended--
            (1) by striking ``Any excess'' and inserting the following:
                    ``(i) In general.--Except as provided in clause (ii),
                any excess''; and
            (2) by adding at the end the following:
                    ``(ii) Certain applicants.--In the case of a secured
                loan or other secured Federal credit instrument provided
                after the date of enactment of the Surface Transportation
                Reauthorization Act of 2021, if the obligor is a
                governmental entity, agency, or instrumentality, the
                obligor shall not be required to prepay the secured loan or
                other secured Federal credit instrument with any excess
                revenues described in clause (i) if the obligor enters into
                an agreement to use those excess revenues only for purposes
                authorized under this title or title 49.''.
        (g) Technical Amendment.--Section 602(e) of title 23, United States
    Code, is amended by striking ``section 601(a)(1)(A)'' and inserting
    ``section 601(a)(2)(A)''.
        (h) Streamlined Application Process.--Section 603(f) of title 23,
    United States Code, is amended by adding at the end the following:
            ``(3) Additional terms for expedited decisions.--
                ``(A) In general.--Not later than 120 days after the date
            of enactment of this paragraph, the Secretary shall implement
            an expedited decision timeline for public agency borrowers
            seeking secured loans that meet--
                    ``(i) the terms under paragraph (2); and
                    ``(ii) the additional criteria described in
                subparagraph (B).
                ``(B) Additional criteria.--The additional criteria
            referred to in subparagraph (A)(ii) are the following:
                    ``(i) The secured loan is made on terms and conditions
                that substantially conform to the conventional terms and
                conditions established by the National Surface
                Transportation Innovative Finance Bureau.
                    ``(ii) The secured loan is rated in the A category or
                higher.
                    ``(iii) The TIFIA program share of eligible project
                costs is 33 percent or less.
                    ``(iv) The applicant demonstrates a reasonable
                expectation that the contracting process for the project
                can commence by not later than 90 days after the date on
                which a Federal credit instrument is obligated for the
                project under the TIFIA program.
                    ``(v) The project has received a categorical exclusion,
                a finding of no significant impact, or a record of decision
                under the National Environmental Policy Act of 1969 (42
                U.S.C. 4321 et seq.).
                ``(C) Written notice.--The Secretary shall provide to an
            applicant seeking a secured loan under the expedited decision
            process under this paragraph a written notice informing the
            applicant whether the Secretary has approved or disapproved the
            application by not later than 180 days after the date on which
            the Secretary submits to the applicant a letter indicating that
            the National Surface Transportation Innovative Finance Bureau
            has commenced the creditworthiness review of the project.''.
        (i) Funding.--
            (1) In general.--Section 608(a) of title 23, United States
        Code, is amended--
                (A) by redesignating paragraphs (4) and (5) as paragraphs
            (5) and (6), respectively;
                (B) by inserting after paragraph (3) the following:
            ``(4) Limitation for certain projects.--
                ``(A) Transit-oriented development projects.--For each
            fiscal year, the Secretary may use to carry out projects
            described in section 601(a)(12)(E) not more than 15 percent of
            the amounts made available to carry out the TIFIA program for
            that fiscal year.
                ``(B) Airport-related projects.--The Secretary may use to
            carry out projects described in section 601(a)(12)(G)--
                    ``(i) for each fiscal year, not more than 15 percent of
                the amounts made available to carry out the TIFIA program
                under the Surface Transportation Reauthorization Act of
                2021 for that fiscal year; and
                    ``(ii) for the period of fiscal years 2022 through
                2026, not more than 15 percent of the unobligated carryover
                balances (as of October 1, 2021).''; and
                (C) by striking paragraph (6) (as so redesignated) and
            inserting the following:
            ``(6) Administrative costs.--Of the amounts made available to
        carry out the TIFIA program, the Secretary may use not more than
        $10,000,000 for each of fiscal years 2022 through 2026 for the
        administration of the TIFIA program.''.
            (2) Conforming amendment.--Section 605(f)(1) of title 23,
        United States Code, is amended by striking ``section 608(a)(5)''
        and inserting ``section 608(a)(6)''.
        (j) Status Reports.--Section 609 of title 23, United States Code,
    is amended by adding at the end the following:
        ``(c) Status Reports.--
            ``(1) In general.--The Secretary shall publish on the website
        for the TIFIA program--
                ``(A) on a monthly basis, a current status report on all
            submitted letters of interest and applications received for
            assistance under the TIFIA program; and
                ``(B) on a quarterly basis, a current status report on all
            approved applications for assistance under the TIFIA program.
            ``(2) Inclusions.--Each monthly and quarterly status report
        under paragraph (1) shall include, at a minimum, with respect to
        each project included in the status report--
                ``(A) the name of the party submitting the letter of
            interest or application;
                ``(B) the name of the project;
                ``(C) the date on which the letter of interest or
            application was received;
                ``(D) the estimated project eligible costs;
                ``(E) the type of credit assistance sought; and
                ``(F) the anticipated fiscal year and quarter for closing
            of the credit assistance.''.
        (k) State Infrastructure Bank Program.--Section 610 of title 23,
    United States Code, is amended--
            (1) in subsection (d)--
                (A) in paragraph (1)(A), by striking ``fiscal years 2016
            through 2020'' and inserting ``fiscal years 2022 through
            2026'';
                (B) in paragraph (2), by striking ``fiscal years 2016
            through 2020'' and inserting ``fiscal years 2022 through
            2026''; and
                (C) in paragraph (3), by striking ``fiscal years 2016
            through 2020'' and inserting ``fiscal years 2022 through
            2026''; and
            (2) in subsection (k), by striking ``fiscal years 2016 through
        2020'' and inserting ``fiscal years 2022 through 2026''.
        (l) Report.--Not later than September 30, 2025, the Secretary shall
    submit to the Committee on Environment and Public Works of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives a report on the impact of the amendment relating to
    airport-related projects under subsection (a)(2)(C) and subsection
    (i)(1)(B), including--
            (1) information on the use of TIFIA program (as defined in
        section 601(a) of title 23, United States Code) funds for eligible
        airport-related projects (as defined in section 40117(a) of title
        49, United States Code); and
            (2) recommendations for modifications to the TIFIA program.
    SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT
    SELECTION.
        (a) In General.--Section 602(c) of title 23, United States Code, is
    amended by adding at the end the following:
            ``(3) Payment and performance security.--
                ``(A) In general.--The Secretary shall ensure that the
            design and construction of a project carried out with
            assistance under the TIFIA program shall have appropriate
            payment and performance security, regardless of whether the
            obligor is a State, local government, agency or instrumentality
            of a State or local government, public authority, or private
            party.
                ``(B) Written determination.--If payment and performance
            security is required to be furnished by applicable State or
            local statute or regulation, the Secretary may accept such
            payment and performance security requirements applicable to the
            obligor if the Federal interest with respect to Federal funds
            and other project risk related to design and construction is
            adequately protected.
                ``(C) No determination or applicable requirements.--If
            there are no payment and performance security requirements
            applicable to the obligor, the security under section 3131(b)
            of title 40 or an equivalent State or local requirement, as
            determined by the Secretary, shall be required.''.
        (b) Applicability.--The amendments made by this section shall apply
    with respect to any agreement for credit assistance entered into on or
    after the date of enactment of this Act.

                 TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

    SEC. 13001. STRATEGIC INNOVATION FOR REVENUE COLLECTION.
        (a) In General.--The Secretary shall establish a program to test
    the feasibility of a road usage fee and other user-based alternative
    revenue mechanisms (referred to in this section as ``user-based
    alternative revenue mechanisms'') to help maintain the long-term
    solvency of the Highway Trust Fund, through pilot projects at the
    State, local, and regional level.
        (b) Grants.--
            (1) In general.--The Secretary shall provide grants to eligible
        entities to carry out pilot projects under this section.
            (2) Applications.--To be eligible for a grant under this
        section, an eligible entity shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (3) Objectives.--The Secretary shall ensure that, in the
        aggregate, the pilot projects carried out using funds provided
        under this section meet the following objectives:
                (A) To test the design, acceptance, equity, and
            implementation of user-based alternative revenue mechanisms,
            including among--
                    (i) differing income groups; and
                    (ii) rural and urban drivers, as applicable.
                (B) To provide recommendations regarding adoption and
            implementation of user-based alternative revenue mechanisms.
                (C) To quantify and minimize the administrative costs of
            any potential user-based alternative revenue mechanisms.
                (D) To test a variety of solutions, including the use of
            independent and private third-party vendors, for the collection
            of data and fees from user-based alternative revenue
            mechanisms, including the reliability and security of those
            solutions and vendors.
                (E) To test solutions to ensure the privacy and security of
            data collected for the purpose of implementing a user-based
            alternative revenue mechanism.
                (F) To conduct public education and outreach to increase
            public awareness regarding the need for user-based alternative
            revenue mechanisms for surface transportation programs.
                (G) To evaluate the ease of compliance and enforcement of a
            variety of implementation approaches for different users of the
            surface transportation system.
                (H) To ensure, to the greatest extent practicable, the use
            of innovation.
                (I) To consider, to the greatest extent practicable, the
            potential for revenue collection along a network of alternative
            fueling stations.
                (J) To evaluate the impacts of the imposition of a user-
            based alternative revenue mechanism on--
                    (i) transportation revenues;
                    (ii) personal mobility, driving patterns, congestion,
                and transportation costs; and
                    (iii) freight movement and costs.
                (K) To evaluate options for the integration of a user-based
            alternative revenue mechanism with--
                    (i) nationwide transportation revenue collections and
                regulations;
                    (ii) toll revenue collection platforms;
                    (iii) transportation network company fees; and
                    (iv) any other relevant transportation revenue
                mechanisms.
            (4) Eligible entity.--An entity eligible to apply for a grant
        under this section is--
                (A) a State or a group of States;
                (B) a local government or a group of local governments; or
                (C) a metropolitan planning organization (as defined in
            section 134(b) of title 23, United States Code) or a group of
            metropolitan planning organizations.
            (5) Use of funds.--An eligible entity that receives a grant
        under this section shall use the grant to carry out a pilot project
        to address 1 or more of the objectives described in paragraph (3).
            (6) Consideration.--The Secretary shall consider geographic
        diversity in awarding grants under this subsection.
            (7) Federal share.--The Federal share of the cost of a pilot
        project carried out under this section may not exceed--
                (A) 80 percent of the total cost of a project carried out
            by an eligible entity that has not otherwise received a grant
            under this section; and
                (B) 70 percent of the total cost of a project carried out
            by an eligible entity that has received at least 1 grant under
            this section.
        (c) Limitation on Revenue Collected.--Any revenue collected through
    a user-based alternative revenue mechanism established using funds
    provided under this section shall not be considered a toll under
    section 301 of title 23, United States Code.
        (d) Recommendations and Report.--Not later than 3 years after the
    date of enactment of this Act, the Secretary, in coordination with the
    Secretary of the Treasury and the Federal System Funding Alternative
    Advisory Board established under section 13002(g)(1), shall submit to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report that--
            (1) summarizes the results of the pilot projects under this
        section and the national pilot program under section 13002; and
            (2) provides recommendations, if applicable, to enable
        potential implementation of a nationwide user-based alternative
        revenue mechanism.
        (e) Funding.--
            (1) In general.--Of the funds made available to carry out
        section 503(b) of title 23, United States Code, for each of fiscal
        years 2022 through 2026 $15,000,000 shall be used for pilot
        projects under this section.
            (2) Flexibility.--If, by August 1 of each fiscal year, the
        Secretary determines that there are not enough grant applications
        to meet the requirements of this section for that fiscal year, the
        Secretary shall transfer to the national pilot program under
        section 13002 or to the highway research and development program
        under section 503(b) of title 23, United States Code--
                (A) any funds reserved for a fiscal year under paragraph
            (1) that the Secretary has not yet awarded under this section;
            and
                (B) an amount of obligation limitation equal to the amount
            of funds that the Secretary transfers under subparagraph (A).
        (f) Repeal.--
            (1) In general.--Section 6020 of the FAST Act (23 U.S.C. 503
        note; Public Law 114-94) is repealed.
            (2) Clerical amendment.--The table of contents in section 1(b)
        of the FAST Act (Public Law 114-94; 129 Stat. 1312) is amended by
        striking the item relating to section 6020.
    SEC. 13002. NATIONAL MOTOR VEHICLE PER-MILE USER FEE PILOT.
        (a) Definitions.--In this section:
            (1) Advisory board.--The term ``advisory board'' means the
        Federal System Funding Alternative Advisory Board established under
        subsection (g)(1).
            (2) Commercial vehicle.--The term ``commercial vehicle'' has
        the meaning given the term commercial motor vehicle in section
        31101 of title 49, United States Code.
            (3) Highway trust fund.--The term ``Highway Trust Fund'' means
        the Highway Trust Fund established under section 9503 of the
        Internal Revenue Code of 1986.
            (4) Light truck.--The term ``light truck'' has the meaning
        given the term in section 523.2 of title 49, Code of Federal
        Regulations (or successor regulations).
            (5) Medium- and heavy-duty truck.--The term ``medium- and
        heavy-duty truck'' has the meaning given the term ``commercial
        medium- and heavy-duty on-highway vehicle'' in section 32901(a) of
        title 49, United States Code.
            (6) Passenger motor vehicle.--The term ``passenger motor
        vehicle'' has the meaning given the term in section 32101 of title
        49, United States Code.
            (7) Per-mile user fee.--The term ``per-mile user fee'' means a
        revenue mechanism that--
                (A) is applied to road users operating motor vehicles on
            the surface transportation system; and
                (B) is based on the number of vehicle miles traveled by an
            individual road user.
            (8) Pilot program.--The term ``pilot program'' means the pilot
        program established under subsection (b)(1).
            (9) Volunteer participant.--The term ``volunteer participant''
        means--
                (A) an owner or lessee of a private, personal motor vehicle
            who volunteers to participate in the pilot program;
                (B) a commercial vehicle operator who volunteers to
            participate in the pilot program; or
                (C) an owner of a motor vehicle fleet who volunteers to
            participate in the pilot program.
        (b) Establishment.--
            (1) In general.--The Secretary, in coordination with the
        Secretary of the Treasury, and consistent with the recommendations
        of the advisory board, shall establish a pilot program to
        demonstrate a national motor vehicle per-mile user fee--
                (A) to restore and maintain the long-term solvency of the
            Highway Trust Fund; and
                (B) to improve and maintain the surface transportation
            system.
            (2) Objectives.--The objectives of the pilot program are--
                (A) to test the design, acceptance, implementation, and
            financial sustainability of a national motor vehicle per-mile
            user fee;
                (B) to address the need for additional revenue for surface
            transportation infrastructure and a national motor vehicle per-
            mile user fee; and
                (C) to provide recommendations relating to the adoption and
            implementation of a national motor vehicle per-mile user fee.
        (c) Parameters.--In carrying out the pilot program, the Secretary,
    in coordination with the Secretary of the Treasury, shall--
            (1) provide different methods that volunteer participants can
        choose from to track motor vehicle miles traveled;
            (2) solicit volunteer participants from all 50 States, the
        District of Columbia, and the Commonwealth of Puerto Rico;
            (3) ensure an equitable geographic distribution by population
        among volunteer participants;
            (4) include commercial vehicles and passenger motor vehicles;
        and
            (5) use components of and, where appropriate, coordinate with--
                (A) the States that received a grant under section 6020 of
            the FAST Act (23 U.S.C. 503 note; Public Law 114-94) (as in
            effect on the day before the date of enactment of this Act);
            and
                (B) eligible entities that received a grant under section
            13001.
        (d) Methods.--
            (1) Tools.--In selecting the methods described in subsection
        (c)(1), the Secretary shall coordinate with entities that
        voluntarily provide to the Secretary for use under the pilot
        program any of the following vehicle-miles-traveled collection
        tools:
                (A) Third-party on-board diagnostic (OBD-II) devices.
                (B) Smart phone applications.
                (C) Telemetric data collected by automakers.
                (D) Motor vehicle data obtained by car insurance companies.
                (E) Data from the States that received a grant under
            section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law
            114-94) (as in effect on the day before the date of enactment
            of this Act).
                (F) Motor vehicle data obtained from fueling stations.
                (G) Any other method that the Secretary considers
            appropriate.
            (2) Coordination.--
                (A) Selection.--The Secretary shall determine which
            collection tools under paragraph (1) are selected for the pilot
            program.
                (B) Volunteer participants.--In a manner that the Secretary
            considers appropriate, the Secretary shall enable each
            volunteer participant to choose 1 of the selected collection
            tools under paragraph (1).
        (e) Motor Vehicle Per-mile User Fees.--For the purposes of the
    pilot program, the Secretary of the Treasury shall establish, on an
    annual basis, per-mile user fees for passenger motor vehicles, light
    trucks, and medium- and heavy-duty trucks, which amount may vary
    between vehicle types and weight classes to reflect estimated impacts
    on infrastructure, safety, congestion, the environment, or other
    related social impacts.
        (f) Volunteer Participants.--The Secretary, in coordination with
    the Secretary of the Treasury, shall--
            (1)(A) ensure, to the extent practicable, that the greatest
        number of volunteer participants participate in the pilot program;
        and
            (B) ensure that such volunteer participants represent
        geographically diverse regions of the United States, including from
        urban and rural areas; and
            (2) issue policies relating to the protection of volunteer
        participants, including policies that--
                (A) protect the privacy of volunteer participants; and
                (B) secure the data provided by volunteer participants.
        (g) Federal System Funding Alternative Advisory Board.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this Act, the Secretary shall establish an advisory
        board, to be known as the ``Federal System Funding Alternative
        Advisory Board'', to assist with--
                (A) providing the Secretary with recommendations related to
            the structure, scope, and methodology for developing and
            implementing the pilot program;
                (B) carrying out the public awareness campaign under
            subsection (h); and
                (C) developing the report under subsection (n).
            (2) Membership.--The advisory board shall include, at a
        minimum, the following representatives and entities, to be
        appointed by the Secretary:
                (A) State departments of transportation.
                (B) Any public or nonprofit entity that led a surface
            transportation system funding alternatives pilot project under
            section 6020 of the FAST Act (23 U.S.C. 503 note; Public Law
            114-94) (as in effect on the day before the date of enactment
            of this Act).
                (C) Representatives of the trucking industry, including
            owner-operator independent drivers.
                (D) Data security experts with expertise in personal
            privacy.
                (E) Academic experts on surface transportation systems.
                (F) Consumer advocates, including privacy experts.
                (G) Advocacy groups focused on equity.
                (H) Owners of motor vehicle fleets.
                (I) Owners and operators of toll facilities.
                (J) Tribal groups or representatives.
                (K) Any other representatives or entities, as determined
            appropriate by the Secretary.
            (3) Recommendations.--Not later than 1 year after the date on
        which the advisory board is established under paragraph (1), the
        advisory board shall provide the Secretary with the recommendations
        described in subparagraph (A) of that paragraph, which the
        Secretary shall use in implementing the pilot program.
        (h) Public Awareness Campaign.--
            (1) In general.--The Secretary, with guidance from the advisory
        board, may carry out a public awareness campaign to increase public
        awareness regarding a national motor vehicle per-mile user fee,
        including distributing information--
                (A) related to the pilot program;
                (B) from the State surface transportation system funding
            alternatives pilot program under section 6020 of the FAST Act
            (23 U.S.C. 503 note; Public Law 114-94) (as in effect on the
            day before the date of enactment of this Act); and
                (C) related to consumer privacy.
            (2) Considerations.--In carrying out the public awareness
        campaign under this subsection, the Secretary shall consider issues
        unique to each State.
        (i) Revenue Collection.--The Secretary of the Treasury, in
    coordination with the Secretary, shall establish a mechanism to collect
    motor vehicle per-mile user fees established under subsection (e) from
    volunteer participants, which--
            (1) may be adjusted as needed to address technical challenges;
        and
            (2) may allow independent and private third-party vendors to
        collect the motor vehicle per-mile user fees and forward such fees
        to the Treasury.
        (j) Agreement.--The Secretary may enter into an agreement with a
    volunteer participant containing such terms and conditions as the
    Secretary considers necessary for participation in the pilot program.
        (k) Limitation.--Any revenue collected through the mechanism
    established under subsection (i) shall not be considered a toll under
    section 301 of title 23, United States Code.
        (l) Highway Trust Fund.--The Secretary of the Treasury shall ensure
    that any revenue collected under subsection (i) is deposited into the
    Highway Trust Fund.
        (m) Payment.--Not more than 60 days after the end of each calendar
    quarter in which a volunteer participant has participated in the pilot
    program, the Secretary of the Treasury, in consultation with the
    Secretary of Transportation, shall estimate an amount of payment for
    each volunteer based on the vehicle miles submitted by the volunteer
    for the calendar quarter and issue such payment to such volunteer
    participant.
        (n) Report to Congress.--Not later than 1 year after the date on
    which volunteer participants begin participating in the pilot program,
    and each year thereafter for the duration of the pilot program, the
    Secretary and the Secretary of the Treasury shall submit to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report that includes an analysis of--
            (1) whether the objectives described in subsection (b)(2) were
        achieved;
            (2) how volunteer participant protections in subsection (f)(2)
        were complied with;
            (3) whether motor vehicle per-mile user fees can maintain the
        long-term solvency of the Highway Trust Fund and improve and
        maintain the surface transportation system, which shall include
        estimates of administrative costs related to collecting such motor
        vehicle per mile user fees;
            (4) how the privacy of volunteers was maintained; and
            (5) equity impacts of the pilot program, including the impacts
        of the pilot program on low-income commuters.
        (o) Funding.--
            (1) In general.--Of the funds made available to carry out
        section 503(b) of title 23, United States Code, for each of fiscal
        years 2022 through 2026 $10,000,000 shall be used to carry out the
        pilot program under this section.
            (2) Excess funds.--Any excess funds remaining after carrying
        out the pilot program under this section shall be available to make
        grants for pilot projects under section 13001.
    SEC. 13003. PERFORMANCE MANAGEMENT DATA SUPPORT PROGRAM.
        Section 6028(c) of the FAST Act (23 U.S.C. 150 note; Public Law
    114-94) is amended by striking ``fiscal years 2016 through 2020'' and
    inserting ``fiscal years 2022 through 2026''.
    SEC. 13004. DATA INTEGRATION PILOT PROGRAM.
        (a) Establishment.--The Secretary shall establish a pilot program--
            (1) to provide research and develop models that integrate, in
        near-real-time, data from multiple sources, including geolocated--
                (A) weather conditions;
                (B) roadway conditions;
                (C) incidents, work zones, and other nonrecurring events
            related to emergency planning; and
                (D) information from emergency responders; and
            (2) to facilitate data integration between the Department, the
        National Weather Service, and other sources of data that provide
        real-time data with respect to roadway conditions during or as a
        result of severe weather events, including, at a minimum--
                (A) winter weather;
                (B) heavy rainfall; and
                (C) tropical weather events.
        (b) Requirements.--In carrying out subsection (a)(1), the Secretary
    shall--
            (1) address the safety, resiliency, and vulnerability of the
        transportation system to disasters; and
            (2) develop tools for decisionmakers and other end-users who
        could use or benefit from the integrated data described in that
        subsection to improve public safety and mobility.
        (c) Treatment.--Except as otherwise provided in this section, the
    Secretary shall carry out activities under the pilot program under this
    section as if--
            (1) those activities were authorized under chapter 5 of title
        23, United States Code; and
            (2) the funds made available to carry out the pilot program
        were made available under that chapter.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $2,500,000 for each of fiscal
    years 2022 through 2026, to remain available until expended.
    SEC. 13005. EMERGING TECHNOLOGY RESEARCH PILOT PROGRAM.
        (a) Establishment.--The Secretary shall establish a pilot program
    to conduct emerging technology research in accordance with this
    section.
        (b) Activities.--The pilot program under this section shall
    include--
            (1) research and development activities relating to leveraging
        advanced and additive manufacturing technologies to increase the
        structural integrity and cost-effectiveness of surface
        transportation infrastructure; and
            (2) research and development activities (including laboratory
        and test track supported accelerated pavement testing research
        regarding the impacts of connected, autonomous, and platooned
        vehicles on pavement and infrastructure performance)--
                (A) to reduce the impact of automated and connected driving
            systems and advanced driver-assistance systems on pavement and
            infrastructure performance; and
                (B) to improve transportation infrastructure design in
            anticipation of increased usage of automated driving systems
            and advanced driver-assistance systems.
        (c) Treatment.--Except as otherwise provided in this section, the
    Secretary shall carry out activities under the pilot program under this
    section as if--
            (1) those activities were authorized under chapter 5 of title
        23, United States Code; and
            (2) the funds made available to carry out the pilot program
        were made available under that chapter.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 through 2026, to remain available until expended.
    SEC. 13006. RESEARCH AND TECHNOLOGY DEVELOPMENT AND DEPLOYMENT.
        (a) In General.--Section 503 of title 23, United States Code, is
    amended--
            (1) in subsection (a)(2), by striking ``section 508'' and
        inserting ``section 6503 of title 49'';
            (2) in subsection (b)--
                (A) in paragraph (1)--
                    (i) in subparagraph (C), by striking ``and'' at the
                end;
                    (ii) in subparagraph (D), by striking the period at the
                end and inserting a semicolon; and
                    (iii) by adding at the end the following:
                ``(E) engage with public and private entities to spur
            advancement of emerging transformative innovations through
            accelerated market readiness; and
                ``(F) consult frequently with public and private entities
            on new transportation technologies.'';
                (B) in paragraph (2)(C)--
                    (i) by redesignating clauses (x) through (xv) as
                clauses (xi) through (xvi), respectively; and
                    (ii) by inserting after clause (ix) the following:
                    ``(x) safety measures to reduce the number of wildlife-
                vehicle collisions;'';
                (C) in paragraph (3)--
                    (i) in subparagraph (B)(viii), by inserting ``,
                including weather,'' after ``events''; and
                    (ii) in subparagraph (C)--

                        (I) in clause (xv), by inserting ``extreme weather
                    events and'' after ``withstand'';
                        (II) in clause (xviii), by striking ``and'' at the
                    end;
                        (III) in clause (xix), by striking the period at
                    the end and inserting ``; and''; and
                        (IV) by adding at the end the following:

                    ``(xx) studies on the deployment and revenue potential
                of the deployment of energy and broadband infrastructure in
                highway rights-of-way, including potential adverse impacts
                of the use or nonuse of those rights-of-way.'';
                (D) in paragraph (6)--
                    (i) in subparagraph (A), by striking ``and'' at the
                end;
                    (ii) in subparagraph (B), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by adding at the end the following:
                ``(C) to support research on non-market-ready technologies
            in consultation with public and private entities.'';
                (E) in paragraph (7)(B)--
                    (i) in the matter preceding clause (i), by inserting
                ``innovations by leading'' after ``support'';
                    (ii) in clause (iii), by striking ``and'' at the end;
                    (iii) in clause (iv), by striking the period at the end
                and inserting ``; and''; and
                    (iv) by adding at the end the following:
                    ``(v) the evaluation of information from accelerated
                market readiness efforts, including non-market-ready
                technologies, in consultation with other offices of the
                Federal Highway Administration, the National Highway
                Traffic Safety Administration, and other key partners.'';
                (F) in paragraph (8)(A), by striking ``future highway'' and
            all that follows through ``needs.'' and inserting the
            following: ``current conditions and future needs of highways,
            bridges, and tunnels of the United States, including--
                    ``(i) the conditions and performance of the highway
                network for freight movement;
                    ``(ii) intelligent transportation systems;
                    ``(iii) resilience needs; and
                    ``(iv) the backlog of current highway, bridge, and
                tunnel needs.''; and
                (G) by adding at the end the following:
            ``(9) Analysis tools.--The Secretary may develop interactive
        modeling tools and databases that--
                ``(A) track the full condition of highway assets, including
            interchanges, and the reconstruction history of those assets;
                ``(B) can be used to assess transportation options;
                ``(C) allow for the monitoring and modeling of network-
            level traffic flows on highways; and
                ``(D) further Federal and State understanding of the
            importance of national and regional connectivity and the need
            for long-distance and interregional passenger and freight
            travel by highway and other surface transportation modes.'';
            and
            (3) in subsection (c)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                inserting ``use of rights-of-way permissible under
                applicable law,'' after ``structures,'';
                    (ii) in subparagraph (D), by striking ``and'' at the
                end;
                    (iii) in subparagraph (E), by striking the period at
                the end and inserting ``; and''; and
                    (iv) by adding at the end the following:
                ``(F) disseminating and evaluating information from
            accelerated market readiness efforts, including non-market-
            ready technologies, to public and private entities.'';
                (B) in paragraph (2)--
                    (i) in subparagraph (B)(iii), by striking ``improved
                tools and methods to accelerate the adoption'' and
                inserting ``and deploy improved tools and methods to
                accelerate the adoption of early-stage and proven
                innovative practices and technologies and, as the Secretary
                determines to be appropriate, support continued
                implementation''; and
                    (ii) by adding at the end the following:
                ``(D) Report.--Not later than 2 years after the date of
            enactment of this subparagraph and every 2 years thereafter,
            the Secretary shall submit to the Committee on Environment and
            Public Works of the Senate and the Committee on Transportation
            and Infrastructure of the House of Representatives and make
            publicly available on an internet website a report that
            describes--
                    ``(i) the activities the Secretary has undertaken to
                carry out the program established under paragraph (1); and
                    ``(ii) how and to what extent the Secretary has worked
                to disseminate non-market-ready technologies to public and
                private entities.'';
                (C) in paragraph (3)--
                    (i) by redesignating subparagraphs (C) and (D) as
                subparagraphs (D) and (E), respectively;
                    (ii) by inserting after subparagraph (B) the following:
                ``(C) High-friction surface treatment application study.--
                    ``(i) Definition of institution.--In this subparagraph,
                the term `institution' means a private sector entity,
                public agency, research university or other research
                institution, or organization representing transportation
                and technology leaders or other transportation stakeholders
                that, as determined by the Secretary, is capable of working
                with State highway agencies, the Federal Highway
                Administration, and the highway construction industry to
                develop and evaluate new products, design technologies, and
                construction methods that quickly lead to pavement
                improvements.
                    ``(ii) Study.--The Secretary shall seek to enter into
                an agreement with an institution to carry out a study on
                the use of natural and synthetic calcined bauxite as a
                high-friction surface treatment application on pavement.
                    ``(iii) Report.--Not later than 18 months after the
                date of enactment of the Surface Transportation
                Reauthorization Act of 2021, the Secretary shall submit a
                report on the results of the study under clause (ii) to--

                        ``(I) the Committee on Environment and Public Works
                    of the Senate;
                        ``(II) the Committee on Transportation and
                    Infrastructure of the House of Representatives;
                        ``(III) the Federal Highway Administration; and
                        ``(IV) the American Association of State Highway
                    and Transportation Officials.'';

                    (iii) in subparagraph (D) (as so redesignated), by
                striking ``fiscal years 2016 through 2020'' and inserting
                ``fiscal years 2022 through 2026''; and
                    (iv) in subparagraph (E) (as so redesignated)--

                        (I) in clause (i), by striking ``annually'' and
                    inserting ``once every 3 years''; and
                        (II) in clause (ii)--

                            (aa) in subclause (III), by striking ``and'' at
                        the end;
                            (bb) in subclause (IV), by striking the period
                        at the end and inserting a semicolon; and
                            (cc) by adding at the end the following:

                        ``(V) pavement monitoring and data collection
                    practices;
                        ``(VI) pavement durability and resilience;
                        ``(VII) stormwater management;
                        ``(VIII) impacts on vehicle efficiency;
                        ``(IX) the energy efficiency of the production of
                    paving materials and the ability of paving materials to
                    enhance the environment and promote sustainability; and
                        ``(X) integration of renewable energy in pavement
                    designs.''; and

                (D) by adding at the end the following:
            ``(5) Accelerated implementation and deployment of advanced
        digital construction management systems.--
                ``(A) In general.--The Secretary shall establish and
            implement a program under the technology and innovation
            deployment program established under paragraph (1) to promote,
            implement, deploy, demonstrate, showcase, support, and document
            the application of advanced digital construction management
            systems, practices, performance, and benefits.
                ``(B) Goals.--The goals of the accelerated implementation
            and deployment of advanced digital construction management
            systems program established under subparagraph (A) shall
            include--
                    ``(i) accelerated State adoption of advanced digital
                construction management systems applied throughout the
                construction lifecycle (including through the design and
                engineering, construction, and operations phases) that--

                        ``(I) maximize interoperability with other systems,
                    products, tools, or applications;
                        ``(II) boost productivity;
                        ``(III) manage complexity;
                        ``(IV) reduce project delays and cost overruns; and
                        ``(V) enhance safety and quality;

                    ``(ii) more timely and productive information-sharing
                among stakeholders through reduced reliance on paper to
                manage construction processes and deliverables such as
                blueprints, design drawings, procurement and supply-chain
                orders, equipment logs, daily progress reports, and punch
                lists;
                    ``(iii) deployment of digital management systems that
                enable and leverage the use of digital technologies on
                construction sites by contractors, such as state-of-the-art
                automated and connected machinery and optimized routing
                software that allows construction workers to perform tasks
                faster, safer, more accurately, and with minimal
                supervision;
                    ``(iv) the development and deployment of best practices
                for use in digital construction management;
                    ``(v) increased technology adoption and deployment by
                States and units of local government that enables project
                sponsors--

                        ``(I) to integrate the adoption of digital
                    management systems and technologies in contracts; and
                        ``(II) to weigh the cost of digitization and
                    technology in setting project budgets;

                    ``(vi) technology training and workforce development to
                build the capabilities of project managers and sponsors
                that enables States and units of local government--

                        ``(I) to better manage projects using advanced
                    construction management technologies; and
                        ``(II) to properly measure and reward technology
                    adoption across projects of the State or unit of local
                    government;

                    ``(vii) development of guidance to assist States in
                updating regulations of the State to allow project sponsors
                and contractors--

                        ``(I) to report data relating to the project in
                    digital formats; and
                        ``(II) to fully capture the efficiencies and
                    benefits of advanced digital construction management
                    systems and related technologies;

                    ``(viii) reduction in the environmental footprint of
                construction projects using advanced digital construction
                management systems resulting from elimination of congestion
                through more efficient projects; and
                    ``(ix) enhanced worker and pedestrian safety resulting
                from increased transparency.
                ``(C) Funding.--For each of fiscal years 2022 through 2026,
            the Secretary shall obligate from funds made available to carry
            out this subsection $20,000,000 to accelerate the deployment
            and implementation of advanced digital construction management
            systems.
                ``(D) Publication.--
                    ``(i) In general.--Not less frequently than annually,
                the Secretary shall issue and make available to the public
                on a website a report on--

                        ``(I) progress made in the implementation of
                    advanced digital management systems by States; and
                        ``(II) the costs and benefits of the deployment of
                    new technology and innovations that substantially and
                    directly resulted from the program established under
                    this paragraph.

                    ``(ii) Inclusions.--The report under clause (i) may
                include an analysis of--

                        ``(I) Federal, State, and local cost savings;
                        ``(II) project delivery time improvements;
                        ``(III) congestion impacts; and
                        ``(IV) safety improvements for roadway users and
                    construction workers.''.

        (b) Advanced Transportation Technologies and Innovative Mobility
    Deployment.--Section 503(c)(4) of title 23, United States Code, is
    amended--
            (1) in the heading, by inserting ``and innovative mobility''
        before ``deployment'';
            (2) by striking subparagraph (A) and inserting the following:
                ``(A) In general.--The Secretary shall provide grants to
            eligible entities to deploy, install, and operate advanced
            transportation technologies to improve safety, mobility,
            efficiency, system performance, intermodal connectivity, and
            infrastructure return on investment.'';
            (3) in subparagraph (B)--
                (A) in clause (i), by striking ``the enhanced use'' and
            inserting ``optimization'';
                (B) in clause (v)--
                    (i) by striking ``transit,'' and inserting ``work zone,
                weather, transit, paratransit,''; and
                    (ii) by striking ``and accessible transportation'' and
                inserting ``, accessible, and integrated transportation and
                transportation services'';
                (C) by redesignating clauses (i) through (viii) as clauses
            (iii), (iv), (v), (vi), (vii), (ix), (x), and (xi),
            respectively;
                (D) by inserting before clause (iii) (as so redesignated)
            the following:
                    ``(i) improve the mobility of people and goods;
                    ``(ii) improve the durability and extend the life of
                transportation infrastructure;'';
                (E) in clause (iv) (as so redesignated), by striking
            ``deliver'' and inserting ``protect the environment and
            deliver'';
                (F) by inserting after clause (vii) (as so redesignated)
            the following:
                    ``(viii) facilitate account-based payments for
                transportation access and services and integrate payment
                systems across modes;'';
                (G) in clause (x) (as so redesignated), by striking ``or''
            at the end;
                (H) in clause (xi) (as so redesignated)--
                    (i) by inserting ``vehicle-to-pedestrian,'' after
                ``vehicle-to-infrastructure,''; and
                    (ii) by striking the period at the end and inserting
                ``; or''; and
                (I) by adding at the end the following:
                    ``(xii) incentivize travelers--

                        ``(I) to share trips during periods in which travel
                    demand exceeds system capacity; or
                        ``(II) to shift trips to periods in which travel
                    demand does not exceed system capacity.'';

            (4) in subparagraph (C)--
                (A) in clause (i), by striking ``Not later'' and all that
            follows through ``thereafter'' and inserting ``Each fiscal year
            for which funding is made available for activities under this
            paragraph''; and
                (B) in clause (ii)--
                    (i) in subclause (I), by inserting ``mobility,'' after
                ``safety,''; and
                    (ii) in subclause (II)--

                        (I) in item (bb), by striking ``and'' at the end;
                        (II) in item (cc), by striking the period at the
                    end and inserting ``; and''; and
                        (III) by adding at the end the following:

                            ``(dd) facilitating payment for transportation
                        services.'';
            (5) in subparagraph (D)--
                (A) in clause (i), by striking ``Not later'' and all that
            follows through ``thereafter'' and inserting ``Each fiscal year
            for which funding is made available for activities under this
            paragraph''; and
                (B) in clause (ii)--
                    (i) by striking ``In awarding'' and inserting the
                following:

                        ``(I) In general.--Subject to subclause (II), in
                    awarding''; and

                    (ii) by adding at the end the following:

                        ``(II) Rural set-aside.--Not less than 20 percent
                    of the amounts made available to carry out this
                    paragraph shall be reserved for projects serving rural
                    areas.'';

            (6) in subparagraph (E)--
                (A) by redesignating clauses (iii) through (ix) as clauses
            (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively;
                (B) by inserting after clause (ii) the following:
                    ``(iii) advanced transportation technologies to improve
                emergency evacuation and response by Federal, State, and
                local authorities;'';
                (C) by inserting after clause (viii) (as so redesignated)
            the following:
                    ``(ix) integrated corridor management systems;
                    ``(x) advanced parking reservation or variable pricing
                systems;'';
                (D) in clause (xi) (as so redesignated)--
                    (i) by inserting ``, toll collection,'' after
                ``pricing''; and
                    (ii) by striking ``or'' at the end;
                (E) by inserting after clause (xi) (as so redesignated) the
            following:
                    ``(xii) technology that enhances high occupancy vehicle
                toll lanes, cordon pricing, or congestion pricing;
                    ``(xiii) integration of transportation service payment
                systems;'';
                (F) in clause (xiv) (as so redesignated)--
                    (i) by striking ``and access'' and inserting ``,
                access, and on-demand transportation service'';
                    (ii) by inserting ``and other shared-use mobility
                applications'' after ``ridesharing''; and
                    (iii) by striking the period at the end and inserting a
                semicolon; and
                (G) by adding at the end the following:
                    ``(xv) retrofitting dedicated short-range
                communications (DSRC) technology deployed as part of an
                existing pilot program to cellular vehicle-to-everything
                (C-V2X) technology, subject to the condition that the
                retrofitted technology operates only within the existing
                spectrum allocations for connected vehicle systems; or
                    ``(xvi) advanced transportation technologies, in
                accordance with the research areas described in section
                6503 of title 49.'';
            (7) in subparagraph (F)(ii)(IV), by striking ``efficiency and
        multimodal system performance'' and inserting ``mobility,
        efficiency, multimodal system performance, and payment system
        performance'';
            (8) in subparagraph (G)--
                (A) by redesignating clauses (vi) through (viii) as clauses
            (vii) through (ix), respectively; and
                (B) by inserting after clause (v) the following:
                    ``(vi) improved integration of payment systems;'';
            (9) in subparagraph (I)(i), by striking ``fiscal years 2016
        through 2020'' and inserting ``fiscal years 2022 through 2026'';
            (10) in subparagraph (J), by striking ``50'' and inserting
        ``80''; and
            (11) in subparagraph (N)--
                (A) in the matter preceding clause (i), by striking ``, the
            following definitions apply'';
                (B) in clause (i), by striking ``representing a population
            of over 200,000''; and
                (C) in clause (iii), in the matter preceding subclause (I),
            by striking ``a any'' and inserting ``any''.
        (c) Center of Excellence on New Mobility and Automated Vehicles.--
    Section 503(c) of title 23, United States Code (as amended by
    subsection (a)(3)(D)), is amended by adding at the end the following:
            ``(6) Center of excellence.--
                ``(A) Definitions.--In this paragraph:
                    ``(i) Highly automated vehicle.--The term `highly
                automated vehicle' means a motor vehicle that--

                        ``(I) has a taxable gross weight (as defined in
                    section 41.4482(b)-1 of title 26, Code of Federal
                    Regulations (or successor regulations)) of 10,000
                    pounds or less; and
                        ``(II) is equipped with a Level 3, Level 4, or
                    Level 5 automated driving system (as defined in the SAE
                    International Recommended Practice numbered J3016 and
                    dated June 15, 2018 (or a subsequent standard adopted
                    by the Secretary)).

                    ``(ii) New mobility.--The term `new mobility' includes
                shared services such as--

                        ``(I) docked and dockless bicycles;
                        ``(II) docked and dockless electric scooters; and
                        ``(III) transportation network companies.

                ``(B) Establishment.--Not later than 1 year after the date
            of enactment of the Surface Transportation Reauthorization Act
            of 2021, the Secretary shall establish a Center of Excellence
            to collect, conduct, and fund research on the impacts of new
            mobility and highly automated vehicles on land use, urban
            design, transportation, real estate, equity, and municipal
            budgets.
                ``(C) Report.--Not later than 1 year after the date on
            which the Center of Excellence is established, the Secretary
            shall submit a report that describes the results of the
            research regarding the impacts of new mobility and highly
            automated vehicles to the Committees on Environment and Public
            Works and Commerce, Science, and Transportation of the Senate
            and the Committees on Transportation and Infrastructure and
            Energy and Commerce of the House of Representatives.
                ``(D) Partnerships.--In establishing the Center of
            Excellence under subparagraph (B), the Secretary shall enter
            into appropriate partnerships with any institution of higher
            education (as defined in section 101 of the Higher Education
            Act of 1965 (20 U.S.C. 1001)) or public or private research
            entity.''.
        (d) Accelerated Implementation and Deployment of Advanced Digital
    Construction Management Systems.--Not later than 1 year after the date
    of enactment of this Act, the Secretary shall submit to the Committee
    on Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that includes--
            (1) a description of--
                (A) the current status of the use of advanced digital
            construction management systems in each State; and
                (B) the progress of each State toward accelerating the
            adoption of advanced digital construction management systems;
            and
            (2) an analysis of the savings in project delivery time and
        project costs that can be achieved through the use of advanced
        digital construction management systems.
        (e) Open Challenge and Research Proposal Pilot Program.--
            (1) In general.--The Secretary shall establish an open
        challenge and research proposal pilot program under which eligible
        entities may propose open highway challenges and research proposals
        that are linked to identified or potential research needs.
            (2) Requirements.--A research proposal submitted to the
        Secretary by an eligible entity shall address--
                (A) a research need identified by the Secretary or the
            Administrator of the Federal Highway Administration; or
                (B) an issue or challenge that the Secretary determines to
            be important.
            (3) Eligible entities.--An entity eligible to submit a research
        proposal under the pilot program under paragraph (1) is--
                (A) a State;
                (B) a unit of local government;
                (C) a university transportation center under section 5505
            of title 49, United States Code;
                (D) a private nonprofit organization;
                (E) a private sector organization working in collaboration
            with an entity described in subparagraphs (A) through (D); and
                (F) any other individual or entity that the Secretary
            determines to be appropriate.
            (4) Project review.--The Secretary shall--
                (A) review each research proposal submitted under the pilot
            program under paragraph (1); and
                (B) provide to the eligible entity a written notice that--
                    (i) if the research proposal is not selected--

                        (I) notifies the eligible entity that the research
                    proposal has not been selected for funding;
                        (II) provides an explanation as to why the research
                    proposal was not selected, including if the research
                    proposal does not cover an area of need; and
                        (III) if applicable, recommend that the research
                    proposal be submitted to another research program and
                    provide guidance and direction to the eligible entity
                    and the proposed research program office; and

                    (ii) if the research proposal is selected, notifies the
                eligible entity that the research proposal has been
                selected for funding.
            (5) Federal share.--
                (A) In general.--The Federal share of the cost of an
            activity carried out under this subsection shall not exceed 80
            percent.
                (B) Non-federal share.--All costs directly incurred by the
            non-Federal partners, including personnel, travel, facility,
            and hardware development costs, shall be credited toward the
            non-Federal share of the cost of an activity carried out under
            this subsection.
        (f) Conforming Amendment.--Section 167 of title 23, United States
    Code, is amended--
            (1) by striking subsection (h); and
            (2) by redesignating subsections (i) through (l) as subsections
        (h) through (k), respectively.
    SEC. 13007. WORKFORCE DEVELOPMENT, TRAINING, AND EDUCATION.
        (a) Surface Transportation Workforce Development, Training, and
    Education.--Section 504(e) of title 23, United States Code, is
    amended--
            (1) in paragraph (1)--
                (A) by redesignating subparagraphs (D) through (G) as
            subparagraphs (E), (F), (H), and (I), respectively;
                (B) by inserting after subparagraph (C) the following:
                ``(D) pre-apprenticeships, apprenticeships, and career
            opportunities for on-the-job training;'';
                (C) in subparagraph (E) (as so redesignated), by striking
            ``or community college'' and inserting ``, college, community
            college, or vocational school''; and
                (D) by inserting after subparagraph (F) (as so
            redesignated) the following:
                ``(G) activities associated with workforce training and
            employment services, such as targeted outreach and partnerships
            with industry, economic development organizations, workforce
            development boards, and labor organizations;'';
            (2) in paragraph (2), by striking ``paragraph (1)(G)'' and
        inserting ``paragraph (1)(I)''; and
            (3) in paragraph (3)--
                (A) by striking the period at the end and inserting a
            semicolon;
                (B) by striking ``including activities'' and inserting the
            following: ``including--
                ``(A) activities''; and
                (C) by adding at the end the following:
                ``(B) activities that address current workforce gaps, such
            as work on construction projects, of State and local
            transportation agencies;
                ``(C) activities to develop a robust surface transportation
            workforce with new skills resulting from emerging
            transportation technologies; and
                ``(D) activities to attract new sources of job-creating
            investment.''.
        (b) Transportation Education and Training Development and
    Deployment Program.--Section 504(f) of title 23, United States Code, is
    amended--
            (1) in the subsection heading, by striking ``Development'' and
        inserting ``and Training Development and Deployment'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Establishment.--The Secretary shall establish a program
        to make grants to educational institutions or State departments of
        transportation, in partnership with industry and relevant Federal
        departments and agencies--
                ``(A) to develop, test, and review new curricula and
            education programs to train individuals at all levels of the
            transportation workforce; or
                ``(B) to implement the new curricula and education programs
            to provide for hands-on career opportunities to meet current
            and future needs.'';
            (3) in paragraph (2)--
                (A) in the matter preceding subparagraph (A), by striking
            ``shall'' and inserting ``may'';
                (B) in subparagraph (A), by inserting ``current or future''
            after ``specific''; and
                (C) in subparagraph (E)--
                    (i) by striking ``in nontraditional departments'';
                    (ii) by inserting ``construction,'' after ``such as'';
                and
                    (iii) by inserting ``or emerging'' after
                ``industrial'';
            (4) by redesignating paragraph (3) as paragraph (4); and
            (5) by inserting after paragraph (2) the following:
            ``(3) Reporting.--The Secretary shall establish minimum
        reporting requirements for grant recipients under this subsection,
        which may include, with respect to a program carried out with a
        grant under this subsection--
                ``(A) the percentage or number of program participants that
            are employed during the second quarter after exiting the
            program;
                ``(B) the percentage or number of program participants that
            are employed during the fourth quarter after exiting the
            program;
                ``(C) the median earnings of program participants that are
            employed during the second quarter after exiting the program;
                ``(D) the percentage or number of program participants that
            obtain a recognized postsecondary credential or a secondary
            school diploma (or a recognized equivalent) during
            participation in the program or by not later than 1 year after
            exiting the program; and
                ``(E) the percentage or number of program participants
            that, during a program year--
                    ``(i) are in an education or training program that
                leads to a recognized postsecondary credential or
                employment; and
                    ``(ii) are achieving measurable skill gains toward such
                a credential or employment.''.
        (c) Use of Funds.--Section 504 of title 23, United States Code, is
    amended by adding at the end the following:
        ``(i) Use of Funds.--The Secretary may use funds made available to
    carry out this section to carry out activities related to workforce
    development and technical assistance and training if--
            ``(1) the activities are authorized by another provision of
        this title; and
            ``(2) the activities are for entities other than employees of
        the Secretary, such as States, units of local government, Federal
        land management agencies, and Tribal governments.''.
    SEC. 13008. WILDLIFE-VEHICLE COLLISION RESEARCH.
        (a) General Authorities and Requirements Regarding Wildlife and
    Habitat.--Section 515(h)(2) of title 23, United States Code, is
    amended--
            (1) in subparagraph (K), by striking ``and'' at the end;
            (2) by redesignating subparagraphs (D), (E), (F), (G), (H),
        (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I),
        (K), (L), (M), and (O), respectively;
            (3) by inserting after subparagraph (C) the following:
                ``(D) a representative from a State, local, or regional
            wildlife, land use, or resource management agency;'';
            (4) by inserting after subparagraph (I) (as so redesignated)
        the following:
                ``(J) an academic researcher who is a biological or
            ecological scientist with expertise in transportation
            issues;''; and
            (5) by inserting after subparagraph (M) (as so redesignated)
        the following:
                ``(N) a representative from a public interest group
            concerned with the impact of the transportation system on
            terrestrial and aquatic species and the habitat of those
            species; and''.
        (b) Animal Detection Systems Research and Development.--Section
    516(b)(6) of title 23, United States Code, is amended by inserting ``,
    including animal detection systems to reduce the number of wildlife-
    vehicle collisions'' after ``systems''.
    SEC. 13009. TRANSPORTATION RESILIENCE AND ADAPTATION CENTERS OF
    EXCELLENCE.
        (a) In General.--Chapter 5 of title 23, United States Code, is
    amended by adding at the end the following:
    ``Sec. 520. Transportation Resilience and Adaptation Centers of
       Excellence
        ``(a) Definition of Center of Excellence.--In this section, the
    term `Center of Excellence' means a Center of Excellence for Resilience
    and Adaptation designated under subsection (b).
        ``(b) Designation.--The Secretary shall designate 10 regional
    Centers of Excellence for Resilience and Adaptation and 1 national
    Center of Excellence for Resilience and Adaptation, which shall serve
    as a coordinator for the regional Centers, to receive grants to advance
    research and development that improves the resilience of regions of the
    United States to natural disasters and extreme weather by promoting the
    resilience of surface transportation infrastructure and infrastructure
    dependent on surface transportation.
        ``(c) Eligibility.--An entity eligible to be designated as a Center
    of Excellence is--
            ``(1) an institution of higher education (as defined in section
        102 of the Higher Education Act of 1965 (20 U.S.C. 1002)); or
            ``(2) a consortium of nonprofit organizations led by an
        institution of higher education.
        ``(d) Application.--To be eligible to be designated as a Center of
    Excellence, an eligible entity shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require, including a proposal that
    includes a description of the activities to be carried out with a grant
    under this section.
        ``(e) Selection.--
            ``(1) Regional centers of excellence.--The Secretary shall
        designate 1 regional Center of Excellence in each of the 10 Federal
        regions that comprise the Standard Federal Regions established by
        the Office of Management and Budget in the document entitled
        `Standard Federal Regions' and dated April 1974 (circular A-105).
            ``(2) National center of excellence.--The Secretary shall
        designate 1 national Center of Excellence to coordinate the
        activities of all 10 regional Centers of Excellence to minimize
        duplication and promote coordination and dissemination of research
        among the Centers.
            ``(3) Criteria.--In selecting eligible entities to designate as
        a Center of Excellence, the Secretary shall consider--
                ``(A) the past experience and performance of the eligible
            entity in carrying out activities described in subsection (g);
                ``(B) the merits of the proposal of an eligible entity and
            the extent to which the proposal would--
                    ``(i) advance the state of practice in resilience
                planning and identify innovative resilience solutions for
                transportation assets and systems;
                    ``(ii) support activities carried out under the PROTECT
                program under section 176;
                    ``(iii) support and build on work being carried out by
                another Federal agency relating to resilience;
                    ``(iv) inform transportation decisionmaking at all
                levels of government;
                    ``(v) engage local, regional, Tribal, State, and
                national stakeholders, including, if applicable,
                stakeholders representing transportation, transit, urban,
                and land use planning, natural resources, environmental
                protection, hazard mitigation, and emergency management;
                and
                    ``(vi) engage community groups and other stakeholders
                that will be affected by transportation decisions,
                including underserved, economically disadvantaged, rural,
                and predominantly minority communities; and
                ``(C) the local, regional, Tribal, State, and national
            impacts of the proposal of the eligible entity.
        ``(f) Grants.--Subject to the availability of appropriations, the
    Secretary shall provide to each Center of Excellence a grant of not
    less than $5,000,000 for each of fiscal years 2022 through 2031 to
    carry out the activities described in subsection (g).
        ``(g) Activities.--In carrying out this section, the Secretary
    shall ensure that a Center of Excellence uses the funds from a grant
    under subsection (f) to promote resilient transportation
    infrastructure, including through--
            ``(1) supporting climate vulnerability assessments informed by
        climate change science, including national climate assessments
        produced by the United States Global Change Research Program under
        section 106 of the Global Change Research Act of 1990 (15 U.S.C.
        2936), relevant feasibility analyses of resilient transportation
        improvements, and transportation resilience planning;
            ``(2) development of new design, operations, and maintenance
        standards for transportation infrastructure that can inform Federal
        and State decisionmaking;
            ``(3) research and development of new materials and
        technologies that could be integrated into existing and new
        transportation infrastructure;
            ``(4) development, refinement, and piloting of new and emerging
        resilience improvements and strategies, including natural
        infrastructure approaches and relocation;
            ``(5) development of and investment in new approaches for
        facilitating meaningful engagement in transportation decisionmaking
        by local, Tribal, regional, or national stakeholders and
        communities;
            ``(6) technical capacity building to facilitate the ability of
        local, regional, Tribal, State, and national stakeholders--
                ``(A) to assess the vulnerability of transportation
            infrastructure assets and systems;
                ``(B) to develop community response strategies;
                ``(C) to meaningfully engage with community stakeholders;
            and
                ``(D) to develop strategies and improvements for enhancing
            transportation infrastructure resilience under current
            conditions and a range of potential future conditions;
            ``(7) workforce development and training;
            ``(8) development and dissemination of data, tools, techniques,
        assessments, and information that informs Federal, State, Tribal,
        and local government decisionmaking, policies, planning, and
        investments;
            ``(9) education and outreach regarding transportation
        infrastructure resilience; and
            ``(10) technology transfer and commercialization.
        ``(h) Federal Share.--The Federal share of the cost of an activity
    under this section, including the costs of establishing and operating a
    Center of Excellence, shall be 50 percent.''.
        (b) Clerical Amendment.--The analysis for chapter 5 of title 23,
    United States Code, is amended by adding at the end the following:
    ``520. Transportation Resilience and Adaptation Centers of
              Excellence.''.
    SEC. 13010. TRANSPORTATION ACCESS PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Metropolitan planning organization.--The term
        ``metropolitan planning organization'' has the meaning given the
        term in section 134(b) of title 23, United States Code.
            (2) State.--The term ``State'' has the meaning given the term
        in section 101(a) of title 23, United States Code.
            (3) Surface transportation modes.--The term ``surface
        transportation modes'' means--
                (A) driving;
                (B) public transportation;
                (C) walking;
                (D) cycling; and
                (E) a combination of any of the modes of transportation
            described in subparagraphs (A) through (D).
            (4) Pilot program.--The term ``pilot program'' means the
        transportation pilot program established under subsection (b).
            (5) Regional transportation planning organization.--The term
        ``regional transportation planning organization'' has the meaning
        given the term in section 134(b) of title 23, United States Code.
        (b) Establishment.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall establish a transportation
    pilot program.
        (c) Purpose.--The purpose of the pilot program is to develop or
    procure an accessibility data set and make that data set available to
    each eligible entity selected to participate in the pilot program--
            (1) to improve the transportation planning of those eligible
        entities by--
                (A) measuring the level of access by surface transportation
            modes to important destinations, which may include--
                    (i) jobs;
                    (ii) health care facilities;
                    (iii) child care services;
                    (iv) educational and workforce training facilities;
                    (v) housing;
                    (vi) food sources;
                    (vii) points within the supply chain for freight
                commodities;
                    (viii) domestic or international markets; and
                    (ix) connections between surface transportation modes;
                and
                (B) disaggregating the level of access by surface
            transportation modes by a variety of--
                    (i) population categories, which may include--

                        (I) low-income populations;
                        (II) minority populations;
                        (III) age;
                        (IV) disability; and
                        (V) geographical location; or

                    (ii) freight commodities, which may include--

                        (I) agricultural commodities;
                        (II) raw materials;
                        (III) finished products; and
                        (IV) energy commodities; and

            (2) to assess the change in accessibility that would result
        from new transportation investments.
        (d) Eligible Entities.--An entity eligible to participate in the
    pilot program is--
            (1) a State;
            (2) a metropolitan planning organization; or
            (3) a regional transportation planning organization.
        (e) Application.--To be eligible to participate in the pilot
    program, an eligible entity shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require, including information
    relating to--
            (1) previous experience of the eligible entity measuring
        transportation access or other performance management experience,
        if applicable;
            (2) the types of important destinations to which the eligible
        entity intends to measure access;
            (3) the types of data disaggregation the eligible entity
        intends to pursue;
            (4) a general description of the methodology the eligible
        entity intends to apply; and
            (5) if the applicant does not intend the pilot program to apply
        to the full area under the jurisdiction of the applicant, a
        description of the geographic area in which the applicant intends
        the pilot program to apply.
        (f) Selection.--
            (1) In general.--The Secretary shall seek to achieve diversity
        of participants in the pilot program by selecting a range of
        eligible entities that shall include--
                (A) States;
                (B) metropolitan planning organizations that serve an area
            with a population of 200,000 people or fewer;
                (C) metropolitan planning organizations that serve an area
            with a population of over 200,000 people; and
                (D) regional transportation planning organizations.
            (2) Inclusions.--The Secretary shall seek to ensure that, among
        the eligible entities selected under paragraph (1), there is--
                (A) a range of capacity and previous experience with
            measuring transportation access; and
                (B) a variety of proposed methodologies and focus areas for
            measuring level of access.
        (g) Duties.--For each eligible entity participating in the pilot
    program, the Secretary shall--
            (1) develop or acquire an accessibility data set described in
        subsection (c); and
            (2) submit the data set to the eligible entity.
        (h) Methodology.--In calculating the measures for the data set
    under the pilot program, the Secretary shall ensure that methodology is
    open source.
        (i) Availability.--The Secretary shall make an accessibility data
    set under the pilot program available to--
            (1) units of local government within the jurisdiction of the
        eligible entity participating in the pilot program; and
            (2) researchers.
        (j) Report.--Not later than 2 years after the date of enactment of
    this Act, and every 2 years thereafter, the Secretary shall submit to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the results of the pilot program, including
    the feasibility of developing and providing periodic accessibility data
    sets for all States, regions, and localities.
        (k) Transportation System Access.--
            (1) In general.--The Secretary shall establish consistent
        measures that States, metropolitan planning organizations, and
        regional transportation planning organizations may choose to adopt
        to assess the level of safe and convenient access by surface
        transportation modes to important destinations as described in
        subsection (c)(1)(A).
            (2) Savings provision.--Nothing in this section provides the
        Secretary the authority--
                (A) to establish a performance measure or require States or
            metropolitan planning organizations to set a performance target
            for access as described in paragraph (1); or
                (B) to establish any other Federal requirement.
        (l) Funding.--The Secretary shall carry out the pilot program using
    amounts made available to the Secretary for administrative expenses to
    carry out programs under the authority of the Secretary.
        (m) Sunset.--The pilot program shall terminate on the date that is
    8 years after the date on which the pilot program is implemented.

                            TITLE IV--INDIAN AFFAIRS

    SEC. 14001. DEFINITION OF SECRETARY.
        In this title, the term ``Secretary'' means the Secretary of the
    Interior.
    SEC. 14002. ENVIRONMENTAL REVIEWS FOR CERTAIN TRIBAL TRANSPORTATION
    FACILITIES.
        (a) Definition of Tribal Transportation Safety Project.--
            (1) In general.--In this section, the term ``tribal
        transportation safety project'' means a project described in
        paragraph (2) that is eligible for funding under section 202 of
        title 23, United States Code.
            (2) Project described.--A project described in this paragraph
        is a project that corrects or improves a hazardous road location or
        feature or addresses a highway safety problem through 1 or more of
        the activities described in any of the clauses under section
        148(a)(4)(B) of title 23, United States Code.
        (b) Reviews of Tribal Transportation Safety Projects.--
            (1) In general.--The Secretary or the Secretary of
        Transportation, as applicable, or the head of another Federal
        agency responsible for a decision related to a tribal
        transportation safety project shall complete any approval or
        decision for the review of the tribal transportation safety project
        required under the National Environmental Policy Act of 1969 (42
        U.S.C. 4321 et seq.) or any other applicable Federal law on an
        expeditious basis using the shortest existing applicable process.
            (2) Review of applications.--Not later than 45 days after the
        date of receipt of a complete application by an Indian tribe for
        approval of a tribal transportation safety project, the Secretary
        or the Secretary of Transportation, as applicable, shall--
                (A) take final action on the application; or
                (B) provide the Indian tribe a schedule for completion of
            the review described in paragraph (1), including the
            identification of any other Federal agency that has
            jurisdiction with respect to the project.
            (3) Decisions under other federal laws.--In any case in which a
        decision under any other Federal law relating to a tribal
        transportation safety project (including the issuance or denial of
        a permit or license) is required, not later than 45 days after the
        Secretary or the Secretary of Transportation, as applicable, has
        made all decisions of the lead agency under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with
        respect to the project, the head of the Federal agency responsible
        for the decision shall--
                (A) make the applicable decision; or
                (B) provide the Indian tribe a schedule for making the
            decision.
            (4) Extensions.--The Secretary or the Secretary of
        Transportation, as applicable, or the head of the Federal agency
        may extend the period under paragraph (2) or (3), as applicable, by
        an additional 30 days by providing the Indian tribe notice of the
        extension, including a statement of the need for the extension.
            (5) Notification and explanation.--In any case in which a
        required action is not completed by the deadline under paragraph
        (2), (3), or (4), as applicable, the Secretary, the Secretary of
        Transportation, or the head of a Federal agency, as applicable,
        shall--
                (A) notify the Committees on Indian Affairs and Environment
            and Public Works of the Senate and the Committee on Natural
            Resources of the House of Representatives of the failure to
            comply with the deadline; and
                (B) provide to the Committees described in subparagraph (A)
            a detailed explanation of the reasons for the failure to comply
            with the deadline.
    SEC. 14003. PROGRAMMATIC AGREEMENTS FOR TRIBAL CATEGORICAL EXCLUSIONS.
        (a) In General.--The Secretary and the Secretary of Transportation
    shall enter into programmatic agreements with Indian tribes that
    establish efficient administrative procedures for carrying out
    environmental reviews for projects eligible for assistance under
    section 202 of title 23, United States Code.
        (b) Inclusions.--A programmatic agreement under subsection (a)--
            (1) may include an agreement that allows an Indian tribe to
        determine, on behalf of the Secretary and the Secretary of
        Transportation, whether a project is categorically excluded from
        the preparation of an environmental assessment or environmental
        impact statement under the National Environmental Policy Act of
        1969 (42 U.S.C. 4321 et seq.); and
            (2) shall--
                (A) require that the Indian tribe maintain adequate
            capability in terms of personnel and other resources to carry
            out applicable agency responsibilities pursuant to section
            1507.2 of title 40, Code of Federal Regulations (or successor
            regulations);
                (B) set forth the responsibilities of the Indian tribe for
            making categorical exclusion determinations, documenting the
            determinations, and achieving acceptable quality control and
            quality assurance;
                (C) allow--
                    (i) the Secretary and the Secretary of Transportation
                to monitor compliance of the Indian tribe with the terms of
                the agreement; and
                    (ii) the Indian tribe to execute any needed corrective
                action;
                (D) contain stipulations for amendments, termination, and
            public availability of the agreement once the agreement has
            been executed; and
                (E) have a term of not more than 5 years, with an option
            for renewal based on a review by the Secretary and the
            Secretary of Transportation of the performance of the Indian
            tribe.
    SEC. 14004. USE OF CERTAIN TRIBAL TRANSPORTATION FUNDS.
        Section 202(d) of title 23, United States Code, is amended by
    striking paragraph (2) and inserting the following:
            ``(2) Use of funds.--Funds made available to carry out this
        subsection shall be used--
                ``(A) to carry out any planning, design, engineering,
            preconstruction, construction, and inspection of new or
            replacement tribal transportation facility bridges;
                ``(B) to replace, rehabilitate, seismically retrofit,
            paint, apply calcium magnesium acetate, sodium acetate/formate,
            or other environmentally acceptable, minimally corrosive anti-
            icing and deicing composition; or
                ``(C) to implement any countermeasure for tribal
            transportation facility bridges classified as in poor
            condition, having a low load capacity, or needing geometric
            improvements, including multiple-pipe culverts.''.
    SEC. 14005. BUREAU OF INDIAN AFFAIRS ROAD MAINTENANCE PROGRAM.
        There are authorized to be appropriated to the Director of the
    Bureau of Indian Affairs to carry out the road maintenance program of
    the Bureau--
            (1) $50,000,000 for fiscal year 2022;
            (2) $52,000,000 for fiscal year 2023;
            (3) $54,000,000 for fiscal year 2024;
            (4) $56,000,000 for fiscal year 2025; and
            (5) $58,000,000 for fiscal year 2026.
    SEC. 14006. STUDY OF ROAD MAINTENANCE ON INDIAN LAND.
        (a) Definitions.--In this section:
            (1) Indian land.--The term ``Indian land'' has the meaning
        given the term ``Indian lands'' in section 3 of the Native American
        Business Development, Trade Promotion, and Tourism Act of 2000 (25
        U.S.C. 4302).
            (2) Indian tribe.--The term ``Indian tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (3) Road.--The term ``road'' means a road managed in whole or
        in part by the Bureau of Indian Affairs.
            (4) Secretary.--The term ``Secretary'' means the Secretary,
        acting through the Assistant Secretary for Indian Affairs.
        (b) Study.--Not later than 2 years after the date of enactment of
    this Act, the Secretary, in consultation with the Secretary of
    Transportation, shall carry out a study to evaluate--
            (1) the long-term viability and useful life of existing roads
        on Indian land;
            (2) any steps necessary to achieve the goal of addressing the
        deferred maintenance backlog of existing roads on Indian land;
            (3) programmatic reforms and performance enhancements necessary
        to achieve the goal of restructuring and streamlining road
        maintenance programs on existing or future roads located on Indian
        land; and
            (4) recommendations on how to implement efforts to coordinate
        with States, counties, municipalities, and other units of local
        government to maintain roads on Indian land.
        (c) Tribal Consultation and Input.--Before beginning the study
    under subsection (b), the Secretary shall--
            (1) consult with any Indian tribes that have jurisdiction over
        roads eligible for funding under the road maintenance program of
        the Bureau of Indian Affairs; and
            (2) solicit and consider the input, comments, and
        recommendations of the Indian tribes described in paragraph (1).
        (d) Report.--On completion of the study under subsection (b), the
    Secretary, in consultation with the Secretary of Transportation, shall
    submit to the Committees on Indian Affairs and Environment and Public
    Works of the Senate and the Committees on Natural Resources and
    Transportation and Infrastructure of the House of Representatives a
    report on the results and findings of the study.
        (e) Status Report.--Not later than 2 years after the date of
    enactment of this Act, and not less frequently than every 2 years
    thereafter, the Secretary, in consultation with the Secretary of
    Transportation, shall submit to the Committees on Indian Affairs and
    Environment and Public Works of the Senate and the Committees on
    Natural Resources and Transportation and Infrastructure of the House of
    Representatives a report that includes a description of--
            (1) the progress made toward addressing the deferred
        maintenance needs of the roads on Indian land, including a list of
        projects funded during the fiscal period covered by the report;
            (2) the outstanding needs of the roads that have been provided
        funding to address the deferred maintenance needs;
            (3) the remaining needs of any of the projects referred to in
        paragraph (1);
            (4) how the goals described in subsection (b) have been met,
        including--
                (A) an identification and assessment of any deficiencies or
            shortfalls in meeting the goals; and
                (B) a plan to address the deficiencies or shortfalls in
            meeting the goals; and
            (5) any other issues or recommendations provided by an Indian
        tribe under the consultation and input process under subsection (c)
        that the Secretary determines to be appropriate.
    SEC. 14007. MAINTENANCE OF CERTAIN INDIAN RESERVATION ROADS.
        The Commissioner of U.S. Customs and Border Protection may transfer
    funds to the Director of the Bureau of Indian Affairs to maintain,
    repair, or reconstruct roads under the jurisdiction of the Director,
    subject to the condition that the Commissioner and the Director shall
    mutually agree that the primary user of the subject road is U.S.
    Customs and Border Protection.
    SEC. 14008. TRIBAL TRANSPORTATION SAFETY NEEDS.
        (a) Definitions.--In this section:
            (1) Alaska native.--The term ``Alaska Native'' has the meaning
        given the term ``Native'' in section 3 of the Alaska Native Claims
        Settlement Act (43 U.S.C. 1602).
            (2) Alaska native village.--The term ``Alaska Native village''
        has the meaning given the term ``Native village'' in section 3 of
        the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
            (3) Indian tribe.--The term ``Indian tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
        (b) Best Practices, Standardized Crash Report Form.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary of Transportation, in
        consultation with the Secretary, Indian tribes, Alaska Native
        villages, and State departments of transportation shall develop--
                (A) best practices for the compiling, analysis, and sharing
            of motor vehicle crash data for crashes occurring on Indian
            reservations and in Alaska Native communities; and
                (B) a standardized form for use by Indian tribes and Alaska
            Native communities to carry out those best practices.
            (2) Purpose.--The purpose of the best practices and
        standardized form developed under paragraph (1) shall be to improve
        the quality and quantity of crash data available to and used by the
        Federal Highway Administration, State departments of
        transportation, Indian tribes, and Alaska Native villages.
            (3) Report.--On completion of the development of the best
        practices and standardized form under paragraph (1), the Secretary
        of Transportation shall submit to the Committees on Indian Affairs
        and Environment and Public Works of the Senate and the Committees
        on Natural Resources and Transportation and Infrastructure of the
        House of Representatives a report describing the best practices and
        standardized form.
        (c) Use of IMARS.--The Director of the Bureau of Indian Affairs
    shall require all law enforcement offices of the Bureau, for the
    purpose of reporting motor vehicle crash data for crashes occurring on
    Indian reservations and in Alaska Native communities--
            (1) to use the crash report form of the applicable State; and
            (2) to upload the information on that form to the Incident
        Management Analysis and Reporting System (IMARS) of the Department
        of the Interior.
        (d) Tribal Transportation Program Safety Funding.--Section
    202(e)(1) of title 23, United States Code, is amended by striking ``2
    percent'' and inserting ``4 percent''.
    SEC. 14009. OFFICE OF TRIBAL GOVERNMENT AFFAIRS.
        Section 102 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)--
                (A) in the matter preceding subparagraph (A), by striking
            ``6 Assistant'' and inserting ``7 Assistant'';
                (B) in subparagraph (C), by striking ``and'' after the
            semicolon;
                (C) by redesignating subparagraph (D) as subparagraph (E);
            and
                (D) by inserting after subparagraph (C) the following:
                ``(D) an Assistant Secretary for Tribal Government Affairs,
            who shall be appointed by the President; and''; and
            (2) in subsection (f), by striking the subsection designation
        and heading and all that follows through the end of paragraph (1)
        and inserting the following:
        ``(f) Office of Tribal Government Affairs.--
            ``(1) Establishment.--There is established in the Department an
        Office of Tribal Government Affairs, under the Assistant Secretary
        for Tribal Government Affairs--
                ``(A) to oversee the tribal self-governance program under
            section 207 of title 23;
                ``(B) to plan, coordinate, and implement policies and
            programs serving Indian Tribes and Tribal organizations;
                ``(C) to coordinate Tribal transportation programs and
            activities in all offices and administrations of the
            Department; and
                ``(D) to be a participant in any negotiated rulemakings
            relating to, or having an impact on, projects, programs, or
            funding associated with the Tribal transportation program under
            section 202 of title 23.''.

           DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

    SEC. 20001. SHORT TITLE.
        This division may be cited as the ``Surface Transportation
    Investment Act of 2021''.
    SEC. 20002. DEFINITIONS.
        In this division:
            (1) Department.--The term ``Department'' means the Department
        of Transportation.
            (2) Secretary.--The term ``Secretary'' means the Secretary of
        Transportation.

                 TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION
                     Subtitle A--Multimodal Freight Policy

    SEC. 21101. OFFICE OF MULTIMODAL FREIGHT INFRASTRUCTURE AND POLICY.
        (a) In General.--Chapter 1 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 118. Office of Multimodal Freight Infrastructure and Policy
        ``(a) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the Department
        of Transportation.
            ``(2) Freight office.--The term `Freight Office' means the
        Office of Multimodal Freight Infrastructure and Policy established
        under subsection (b).
            ``(3) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
        ``(b) Establishment.--The Secretary shall establish within the
    Department an Office of Multimodal Freight Infrastructure and Policy.
        ``(c) Purposes.--The purposes of the Freight Office shall be--
            ``(1) to carry out the national multimodal freight policy
        described in section 70101;
            ``(2) to administer and oversee certain multimodal freight
        grant programs within the Department in accordance with subsection
        (d);
            ``(3) to promote and facilitate the sharing of information
        between the private and public sectors with respect to freight
        issues;
            ``(4) to conduct research on improving multimodal freight
        mobility, and to oversee the freight research activities of the
        various agencies within the Department;
            ``(5) to assist cities and States in developing freight
        mobility and supply chain expertise;
            ``(6) to liaise and coordinate with other Federal departments
        and agencies; and
            ``(7) to carry out other duties, as prescribed by the
        Secretary.
        ``(d) Administration of Policies and Programs.--The Freight Office
    shall--
            ``(1) develop and manage--
                ``(A) the national freight strategic plan described in
            section 70102; and
                ``(B) the National Multimodal Freight Network established
            under section 70103;
            ``(2)(A) oversee the development and updating of the State
        freight plans described in section 70202; and
            ``(B) provide guidance or best practices relating to the
        development and updating of State freight plans under that section;
            ``(3)(A) administer multimodal freight grant programs,
        including multimodal freight grants established under section 117
        of title 23; and
            ``(B) establish procedures for analyzing and evaluating
        applications for grants under those programs;
            ``(4) assist States in the establishment of--
                ``(A) State freight advisory committees under section
            70201; and
                ``(B) multi-State freight mobility compacts under section
            70204; and
            ``(5) provide to the Bureau of Transportation Statistics input
        regarding freight data and planning tools.
        ``(e) Assistant Secretary.--
            ``(1) In general.--The Freight Office shall be headed by an
        Assistant Secretary for Multimodal Freight, who shall--
                ``(A) be appointed by the President, by and with the advice
            and consent of the Senate; and
                ``(B) have professional standing and demonstrated knowledge
            in the field of freight transportation.
            ``(2) Duties.--The Assistant Secretary shall--
                ``(A) report to the Under Secretary of Transportation for
            Policy;
                ``(B) be responsible for the management and oversight of
            the activities, decisions, operations, and personnel of the
            Freight Office;
                ``(C) work with the modal administrations of the Department
            to encourage multimodal collaboration; and
                ``(D) carry out such additional duties as the Secretary may
            prescribe.
        ``(f) Consolidation and Elimination of Duplicative Offices.--
            ``(1) Consolidation of offices and office functions.--The
        Secretary may consolidate into the Freight Office any office or
        office function within the Department that the Secretary determines
        has duties, responsibilities, resources, or expertise that support
        the purposes of the Freight Office.
            ``(2) Elimination of offices.--The Secretary may eliminate any
        office within the Department if the Secretary determines that--
                ``(A) the purposes of the office are duplicative of the
            purposes of the Freight Office;
                ``(B) the office or the functions of the office have been
            substantially consolidated with the Freight Office pursuant to
            paragraph (1);
                ``(C) the elimination of the office will not adversely
            affect the requirements of the Secretary under any Federal law;
            and
                ``(D) the elimination of the office will improve the
            efficiency and effectiveness of the programs and functions
            conducted by the office.
        ``(g) Staffing and Budgetary Resources.--
            ``(1) In general.--The Secretary shall ensure that the Freight
        Office is adequately staffed and funded.
            ``(2) Staffing.--
                ``(A) Transfer of positions to freight office.--Subject to
            subparagraph (B), the Secretary may transfer to the Freight
            Office any position within any other office of the Department
            if the Secretary determines that the position is necessary to
            carry out the purposes of the Freight Office.
                ``(B) Requirement.--If the Secretary transfers a position
            to the Freight Office pursuant to subparagraph (A), the
            Secretary, in coordination with the appropriate modal
            administration of the Department, shall ensure that the
            transfer of the position does not adversely affect the
            requirements of the modal administration under any Federal law.
            ``(3) Budgetary resources.--
                ``(A) Transfer of funds from consolidated or eliminated
            offices.--
                    ``(i) In general.--To carry out the purposes of the
                Freight Office, the Secretary may transfer to the Freight
                Office from any office or office function that is
                consolidated or eliminated under subsection (f) any funds
                allocated for the consolidated or eliminated office or
                office function.
                    ``(ii) Retransfer.--Any portion of any funds or
                limitations of obligations transferred to the Freight
                Office pursuant to clause (i) may be transferred back to,
                and merged with, the original account.
                ``(B) Transfer of funds allocated for administrative
            costs.--
                    ``(i) In general.--The Secretary may transfer to the
                Freight Office any funds allocated for the administrative
                costs of the programs referred to in subsection (d)(3).
                    ``(ii) Retransfer.--Any portion of any funds or
                limitations of obligations transferred to the Freight
                Office pursuant to clause (i) may be transferred back to,
                and merged with, the original account.
        ``(h) Website.--
            ``(1) Description of freight office.--The Secretary shall make
        publicly available on the website of the Department a description
        of the Freight Office, including a description of--
                ``(A) the programs managed or made available by the Freight
            Office; and
                ``(B) the eligibility requirements for those programs.
            ``(2) Clearinghouse.--The Secretary may establish a
        clearinghouse for tools, templates, guidance, and best practices on
        a page of the website of the Department that supports the purposes
        of this section.
        ``(i) Notification to Congress.--Not later than 1 year after the
    date of enactment of this section, and not less frequently than once
    every 180 days thereafter until the date on which the Secretary
    determines that the requirements of this section have been met, the
    Secretary shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a notification that--
            ``(1) describes--
                ``(A) the programs and activities administered or overseen
            by the Freight Office; and
                ``(B) the status of those programs and activities;
            ``(2) identifies--
                ``(A) the number of employees working in the Freight Office
            as of the date of the notification;
                ``(B) the total number of employees expected to join the
            Freight Office to support the programs and activities described
            in paragraph (1); and
                ``(C) the total number of positions that, as a result of
            the consolidation of offices under this section, were--
                    ``(i) eliminated; or
                    ``(ii) transferred, assigned, or joined to the Freight
                Office;
            ``(3)(A) indicates whether the Secretary has consolidated into
        the Freight Office any office or office function pursuant to
        subsection (f)(1); and
            ``(B) if the Secretary has consolidated such an office or
        function, describes the rationale for the consolidation;
            ``(4)(A) indicates whether the Secretary has eliminated any
        office pursuant to subsection (f)(2); and
            ``(B) if the Secretary has eliminated such an office, describes
        the rationale for the elimination;
            ``(5) describes any other actions carried out by the Secretary
        to implement this section; and
            ``(6) describes any recommendations of the Secretary for
        legislation that may be needed to further implement this section.
        ``(j) Savings Provisions.--
            ``(1) Effect on other law.--Except as otherwise provided in
        this section, nothing in this section alters or affects any law
        (including regulations) with respect to a program referred to in
        subsection (d).
            ``(2) Effect on responsibilities of other agencies.--Except as
        otherwise provided in this section, nothing in this section
        abrogates the responsibilities of any agency, operating
        administration, or office within the Department that is otherwise
        charged by law (including regulations) with any aspect of program
        administration, oversight, or project approval or implementation
        with respect to a program or project subject to the
        responsibilities of the Freight Office under this section.
            ``(3) Effect on pending applications.--Nothing in this section
        affects any pending application under a program referred to in
        subsection (d) that was received by the Secretary on or before the
        date of enactment of the Surface Transportation Investment Act of
        2021.
        ``(k) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated to
        the Secretary such sums as are necessary to carry out this section.
            ``(2) Certain activities.--Authorizations under subsections (f)
        and (g) are subject to appropriations.''.
        (b) GAO Review.--The Comptroller General of the United States
    shall--
            (1) conduct a review of the activities carried out by the
        Secretary pursuant to section 118 of title 49, United States Code;
        and
            (2) develop recommendations regarding additional activities--
                (A) to improve the consolidation of duplicative functions
            within the Department; and
                (B) to promote increased staff efficiency for program
            management within the Department.
        (c) Clerical Amendment.--The analysis for chapter 1 of title 49,
    United States Code, is amended by inserting after the item relating to
    section 117 the following:
    ``118. Office of Multimodal Freight Infrastructure and Policy.''.

        (d) Conforming Amendments.--
            (1) Section 70101(c) of title 49, United States Code, is
        amended, in the matter preceding paragraph (1), by striking ``Under
        Secretary of Transportation for Policy'' and inserting ``Assistant
        Secretary for Multimodal Freight''.
            (2) Section 70102 of title 49, United States Code, is amended--
                (A) in subsection (a), in the matter preceding paragraph
            (1), by striking ``Not later'' and all that follows through
            ``the Under Secretary of Transportation for Policy'' and
            inserting ``The Assistant Secretary for Multimodal Freight
            (referred to in this section as the `Assistant Secretary')'';
                (B) in subsection (b)(4), in the matter preceding
            subparagraph (A), by striking ``Under Secretary'' and inserting
            ``Assistant Secretary'';
                (C) in subsection (c), by striking ``Under Secretary'' and
            inserting ``Assistant Secretary''; and
                (D) in subsection (d), in the matter preceding paragraph
            (1), by striking ``Under Secretary'' and inserting ``Assistant
            Secretary''.
            (3) Section 70103 of title 49, United States Code, is amended--
                (A) in subsection (a), in the matter preceding paragraph
            (1), by striking ``Under Secretary of Transportation for
            Policy'' and inserting ``Assistant Secretary for Multimodal
            Freight (referred to in this section as the `Assistant
            Secretary')'';
                (B) by striking subsection (b);
                (C) by redesignating subsections (c) and (d) as subsections
            (b) and (c), respectively;
                (D) in subsection (b) (as so redesignated)--
                    (i) in the subsection heading, by striking ``Final
                Network'' and inserting ``Designation of National
                Multimodal Freight Network'';
                    (ii) in paragraph (1), in the matter preceding
                subparagraph (A), by striking ``Not later'' and all that
                follows through ``Under Secretary'' and inserting ``The
                Assistant Secretary'';
                    (iii) in paragraph (2), in the matter preceding
                subparagraph (A), by striking ``Under Secretary'' and
                inserting ``Assistant Secretary''; and
                    (iv) in paragraph (3), in the matter preceding
                subparagraph (A), by striking ``Under Secretary'' and
                inserting ``Assistant Secretary''; and
                (E) in subsection (c) (as so redesignated)--
                    (i) by striking ``subsection (c)'' each place it
                appears and inserting ``subsection (b)''; and
                    (ii) by striking ``Under Secretary'' and inserting
                ``Assistant Secretary''.
            (4) Section 116(d)(1) of title 49, United States Code, is
        amended by striking subparagraph (D).
    SEC. 21102. UPDATES TO NATIONAL FREIGHT PLAN.
        Section 70102(b) of title 49, United States Code, is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) in paragraph (11), by striking the period at the end and
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(12) best practices for reducing environmental impacts of
        freight movement (including reducing local air pollution from
        freight movement, stormwater runoff, and wildlife habitat loss
        resulting from freight facilities, freight vehicles, or freight
        activity);
            ``(13) possible strategies to increase the resilience of the
        freight system, including the ability to anticipate, prepare for,
        or adapt to conditions, or withstand, respond to, or recover
        rapidly from disruptions, including extreme weather and natural
        disasters;
            ``(14) strategies to promote United States economic growth and
        international competitiveness;
            ``(15) consideration of any potential unique impacts of the
        national freight system on rural and other underserved and
        historically disadvantaged communities;
            ``(16) strategies for decarbonizing freight movement, as
        appropriate; and
            ``(17) consideration of the impacts of e-commerce on the
        national multimodal freight system.''.
    SEC. 21103. STATE COLLABORATION WITH NATIONAL MULTIMODAL FREIGHT
    NETWORK.
        Subsection (b) of section 70103 of title 49, United States Code (as
    redesignated by section 21101(d)(3)(C)), is amended--
            (1) in paragraph (3), by striking subparagraph (C) and
        inserting the following:
                ``(C) provide to the States an opportunity to submit
            proposed designations from the States in accordance with
            paragraph (4).''; and
            (2) in paragraph (4)--
                (A) in subparagraph (C)(i), by striking ``20 percent'' and
            inserting ``30 percent''; and
                (B) by adding at the end the following:
                ``(E) Condition for acceptance.--The Secretary shall accept
            from a State a designation under subparagraph (D) only if the
            Secretary determines that the designation meets the applicable
            requirements of subparagraph (A).''.
    SEC. 21104. IMPROVING STATE FREIGHT PLANS.
        (a) In General.--Section 70202 of title 49, United States Code, is
    amended--
            (1) in subsection (b)--
                (A) in paragraph (9), by striking ``and'' at the end;
                (B) by redesignating paragraph (10) as paragraph (17); and
                (C) by inserting after paragraph (9) the following:
            ``(10) the most recent commercial motor vehicle parking
        facilities assessment conducted by the State under subsection (f);
            ``(11) the most recent supply chain cargo flows in the State,
        expressed by mode of transportation;
            ``(12) an inventory of commercial ports in the State;
            ``(13) if applicable, consideration of the findings or
        recommendations made by any multi-State freight compact to which
        the State is a party under section 70204;
            ``(14) the impacts of e-commerce on freight infrastructure in
        the State;
            ``(15) considerations of military freight;
            ``(16) strategies and goals to decrease--
                ``(A) the severity of impacts of extreme weather and
            natural disasters on freight mobility;
                ``(B) the impacts of freight movement on local air
            pollution;
                ``(C) the impacts of freight movement on flooding and
            stormwater runoff; and
                ``(D) the impacts of freight movement on wildlife habitat
            loss; and''; and
            (2) by adding at the end the following:
        ``(f) Commercial Motor Vehicle Parking Facilities Assessments.--As
    part of the development or updating, as applicable, of a State freight
    plan under this section, each State that receives funding under section
    167 of title 23, in consultation with relevant State motor carrier
    safety personnel, shall conduct an assessment of--
            ``(1) the capability of the State, together with the private
        sector in the State, to provide adequate parking facilities and
        rest facilities for commercial motor vehicles engaged in interstate
        transportation;
            ``(2) the volume of commercial motor vehicle traffic in the
        State; and
            ``(3) whether there exist any areas within the State with a
        shortage of adequate commercial motor vehicle parking facilities,
        including an analysis (economic or otherwise, as the State
        determines to be appropriate) of the underlying causes of such a
        shortage.
        ``(g) Priority.--Each State freight plan under this section shall
    include a requirement that the State, in carrying out activities under
    the State freight plan--
            ``(1) enhance reliability or redundancy of freight
        transportation; or
            ``(2) incorporate the ability to rapidly restore access and
        reliability with respect to freight transportation.
        ``(h) Approval.--
            ``(1) In general.--The Secretary of Transportation shall
        approve a State freight plan described in subsection (a) if the
        plan achieves compliance with the requirements of this section.
            ``(2) Savings provision.--Nothing in this subsection
        establishes new procedural requirements for the approval of a State
        freight plan described in subsection (a).''.
        (b) Studies.--For the purpose of facilitating the integration of
    intelligent transportation systems into the freight transportation
    network powered by electricity, the Secretary, acting through the
    Assistant Secretary for Multimodal Freight, shall conduct a study
    relating to--
            (1) preparing to supply power to applicable electrical freight
        infrastructure; and
            (2) safely integrating freight into intelligent transportation
        systems.
        (c) Alignment of Transportation Planning.--Section 70202 of title
    49, United States Code, is amended--
            (1) in subsection (d), by striking ``5-year'' and inserting
        ``8-year''; and
            (2) in subsection (e)(1), by striking ``5 years'' and inserting
        ``4 years''.
    SEC. 21105. IMPLEMENTATION OF NATIONAL MULTIMODAL FREIGHT NETWORK.
        Not later than 30 days after the date of enactment of this Act, the
    Secretary shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report that--
            (1) describes the status of the designation of the final
        National Multimodal Freight Network required under section 70103 of
        title 49, United States Code;
            (2) explains the reasons why the designation of the network
        referred to in paragraph (1) has not been finalized, if applicable;
        and
            (3) estimates the date by which that network will be
        designated.
    SEC. 21106. MULTI-STATE FREIGHT CORRIDOR PLANNING.
        (a) In General.--Chapter 702 of title 49, United States Code, is
    amended--
            (1) by redesignating section 70204 as section 70206; and
            (2) by inserting after section 70203 the following:
    ``Sec. 70204. Multi-State freight corridor planning
        ``(a) Consent to Multi-State Freight Mobility Compacts.--Congress
    recognizes the right of States, cities, regional planning
    organizations, federally recognized Indian Tribes, and local public
    authorities (including public port authorities) that are regionally
    linked with an interest in a specific nationally or regionally
    significant multi-State freight corridor to enter into multi-State
    compacts to promote the improved mobility of goods, including--
            ``(1) identifying projects along the corridor that benefit
        multiple States;
            ``(2) assembling rights-of-way; and
            ``(3) performing capital improvements.
        ``(b) Financing.--A multi-State freight compact established by
    entities under subsection (a) may provide that, in order to carry out
    the compact, the relevant States or other entities may--
            ``(1) accept contributions from a unit of State or local
        government;
            ``(2) use any Federal or State funds made available for freight
        mobility infrastructure planning or construction, including
        applying for grants;
            ``(3) subject to such terms and conditions as the States
        consider to be advisable--
                ``(A) borrow money on a short-term basis; and
                ``(B) issue--
                    ``(i) notes for borrowing under subparagraph (A); and
                    ``(ii) bonds; and
            ``(4) obtain financing by other means permitted under
        applicable Federal or State law.
        ``(c) Advisory Committees.--
            ``(1) In general.--A multi-State freight compact under this
        section may establish a multi-State freight corridor advisory
        committee, which shall include representatives of State departments
        of transportation and other public and private sector entities with
        an interest in freight mobility, such as--
                ``(A) ports;
                ``(B) freight railroads;
                ``(C) shippers;
                ``(D) carriers;
                ``(E) freight-related associations;
                ``(F) third-party logistics providers;
                ``(G) the freight industry workforce;
                ``(H) environmental organizations;
                ``(I) community organizations; and
                ``(J) units of local government.
            ``(2) Activities.--An advisory committee established under
        paragraph (1) may--
                ``(A) advise the parties to the applicable multi-State
            freight compact with respect to freight-related priorities,
            issues, projects, and funding needs that impact multi-State--
                    ``(i) freight mobility; and
                    ``(ii) supply chains;
                ``(B) serve as a forum for States, Indian Tribes, and other
            public entities to discuss decisions affecting freight
            mobility;
                ``(C) communicate and coordinate multi-State freight
            priorities with other organizations;
                ``(D) promote the sharing of information between the
            private and public sectors with respect to freight issues; and
                ``(E) provide information for consideration in the
            development of State freight plans under section 70202.
        ``(d) Grants.--
            ``(1) Establishment.--The Secretary of Transportation (referred
        to in this section as the `Secretary') shall establish a program
        under which the Secretary shall provide grants to multi-State
        freight compacts, or States seeking to form a multi-State freight
        compact, that seek to improve a route or corridor that is a part of
        the National Multimodal Freight Network established under section
        70103.
            ``(2) New compacts.--
                ``(A) In general.--To incentivize the establishment of
            multi-State freight compacts, the Secretary may award a grant
            for operations costs in an amount of not more than $2,000,000
            to--
                    ``(i) a multi-State freight compact established under
                subsection (a) during the 2-year period beginning on the
                date of establishment of the multi-State freight compact;
                or
                    ``(ii) States seeking to form a multi-State freight
                compact described in that subsection.
                ``(B) Eligibility.--
                    ``(i) New multi-state freight compacts.--A multi-State
                freight compact shall be eligible for a grant under this
                paragraph only during the initial 2 years of operation of
                the compact.
                    ``(ii) States seeking to form a compact.--States
                seeking to form a multi-State freight compact shall be
                eligible for a grant under this paragraph during--

                        ``(I) the 2-year period beginning on the date on
                    which an application for a grant under this paragraph
                    with respect to the proposed compact is submitted to
                    the Secretary; or
                        ``(II) if the compact is formed before the date on
                    which a grant under this paragraph is awarded in
                    accordance with subclause (I), the initial 2 years of
                    operation of the compact.

                ``(C) Requirements.--To be eligible to receive a grant
            under this paragraph, a multi-State freight compact or the
            applicable States seeking to form a multi-State freight compact
            shall--
                    ``(i) submit to the Secretary an application at such
                time, in such manner, and containing such information as
                the Secretary may require;
                    ``(ii) provide a non-Federal match equal to not less
                than 25 percent of the operating costs of the multi-State
                freight compact; and
                    ``(iii) commit to establishing a multi-State freight
                corridor advisory committee under subsection (c)(1) during
                the initial 2-year period of operation of the compact.
            ``(3) Existing compacts.--
                ``(A) In general.--The Secretary may award a grant to
            multi-State freight compacts that are not eligible to receive a
            grant under paragraph (2) for operations costs in an amount of
            not more than $1,000,000.
                ``(B) Requirements.--To be eligible to receive a grant
            under this paragraph, a multi-State freight compact shall--
                    ``(i) submit to the Secretary an application at such
                time, in such manner, and containing such information as
                the Secretary may require;
                    ``(ii) provide a non-Federal match of not less than 50
                percent of the operating costs of the compact; and
                    ``(iii) demonstrate that the compact has established a
                multi-State freight corridor advisory committee under
                subsection (c)(1).
            ``(4) Authorization of appropriations.--There is authorized to
        be appropriated to the Secretary $5,000,000 for each fiscal year to
        carry out this subsection.''.
        (b) Clerical Amendment.--The analysis for chapter 702 of title 49,
    United States Code, is amended by striking the item relating to section
    70204 and inserting the following:
    ``70204. Multi-State freight corridor planning.
    ``70206. Savings provision.''.
    SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.
        Section 70201 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``representatives of ports,
        freight railroads,'' and all that follows through the period at the
        end and inserting the following: ``representatives of--
            ``(1) ports, if applicable;
            ``(2) freight railroads, if applicable;
            ``(3) shippers;
            ``(4) carriers;
            ``(5) freight-related associations;
            ``(6) third-party logistics providers;
            ``(7) the freight industry workforce;
            ``(8) the transportation department of the State;
            ``(9) metropolitan planning organizations;
            ``(10) local governments;
            ``(11) the environmental protection department of the State, if
        applicable;
            ``(12) the air resources board of the State, if applicable;
            ``(13) economic development agencies of the State; and
            ``(14) not-for-profit organizations or community
        organizations.'';
            (2) in subsection (b)(5), by striking ``70202.'' and inserting
        ``70202, including by providing advice regarding the development of
        the freight investment plan.'';
            (3) by redesignating subsection (b) as subsection (c); and
            (4) by inserting after subsection (a) the following:
        ``(b) Qualifications.--Each member of a freight advisory committee
    established under subsection (a) shall have qualifications sufficient
    to serve on a freight advisory committee, including, as applicable--
            ``(1) general business and financial experience;
            ``(2) experience or qualifications in the areas of freight
        transportation and logistics;
            ``(3) experience in transportation planning;
            ``(4) experience representing employees of the freight
        industry;
            ``(5) experience representing a State, local government, or
        metropolitan planning organization; or
            ``(6) experience representing the views of a community group or
        not-for-profit organization.''.

                       Subtitle B--Multimodal Investment

    SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.
        Subtitle III of title 49, United States Code, is amended by adding
    at the end the following:

              ``CHAPTER 67--MULTIMODAL INFRASTRUCTURE INVESTMENTS

    ``6701. National infrastructure project assistance.
    ``6702. Local and regional project assistance.

    ``Sec. 6701. National infrastructure project assistance
        ``(a) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the Department
        of Transportation.
            ``(2) Eligible entity.--The term `eligible entity' means--
                ``(A) a State or a group of States;
                ``(B) a metropolitan planning organization;
                ``(C) a unit of local government;
                ``(D) a political subdivision of a State;
                ``(E) a special purpose district or public authority with a
            transportation function, including a port authority;
                ``(F) a Tribal government or a consortium of Tribal
            governments;
                ``(G) a partnership between Amtrak and 1 or more entities
            described in subparagraphs (A) through (F); and
                ``(H) a group of entities described in any of subparagraphs
            (A) through (G).
            ``(3) Program.--The term `program' means the program
        established by subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
            ``(5) State.--The term `State' means--
                ``(A) any of the several States;
                ``(B) the District of Columbia;
                ``(C) the Commonwealth of Puerto Rico;
                ``(D) the Commonwealth of the Northern Mariana Islands;
                ``(E) the United States Virgin Islands;
                ``(F) Guam;
                ``(G) American Samoa; and
                ``(H) any other territory or possession of the United
            States.
        ``(b) Establishment.--There is established a program under which
    the Secretary shall provide to eligible entities grants, on a
    competitive basis pursuant to single-year or multiyear grant
    agreements, for projects described in subsection (d).
        ``(c) Applications.--
            ``(1) In general.--To be eligible for a grant under the
        program, an eligible entity shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary determines to be appropriate.
            ``(2) Plan for data collection.--An application under paragraph
        (1) shall include a plan for data collection and analysis described
        in subsection (g).
        ``(d) Eligible Projects.--The Secretary may provide a grant under
    the program only for a project--
            ``(1) that is--
                ``(A) a highway or bridge project carried out on--
                    ``(i) the National Multimodal Freight Network
                established under section 70103;
                    ``(ii) the National Highway Freight Network established
                under section 167 of title 23; or
                    ``(iii) the National Highway System (as defined in
                section 101(a) of title 23);
                ``(B) a freight intermodal (including public ports) or
            freight rail project that provides a public benefit;
                ``(C) a railway-highway grade separation or elimination
            project;
                ``(D) an intercity passenger rail project;
                ``(E) a public transportation project that is--
                    ``(i) eligible for assistance under chapter 53; and
                    ``(ii) part of a project described in any of
                subparagraphs (A) through (D); or
                ``(F) a grouping, combination, or program of interrelated,
            connected, or dependent projects of any of the projects
            described in subparagraphs (A) through (E); and
            ``(2) the eligible project costs of which are--
                ``(A) reasonably anticipated to equal or exceed
            $500,000,000; or
                ``(B) for any project funded by the set-aside under
            subsection (m)(2)--
                    ``(i) more than $100,000,000; but
                    ``(ii) less than $500,000,000.
        ``(e) Geographical Distribution.--In providing grants under this
    section, the Secretary shall ensure among grant recipients--
            ``(1) geographical diversity; and
            ``(2) a balance between rural and urban communities.
        ``(f) Project Evaluation and Selection.--
            ``(1) Requirements.--The Secretary may select a project
        described in subsection (d) to receive a grant under the program
        only if the Secretary determines that--
                ``(A) the project is likely to generate national or
            regional economic, mobility, or safety benefits;
                ``(B) the project is in need of significant Federal
            funding;
                ``(C) the project will be cost-effective;
                ``(D) with respect to related non-Federal financial
            commitments, 1 or more stable and dependable sources of funding
            and financing are available--
                    ``(i) to construct, operate, and maintain the project;
                and
                    ``(ii) to cover cost increases; and
                ``(E) the applicant has, or will have, sufficient legal,
            financial, and technical capacity to carry out the project.
            ``(2) Evaluation criteria.--In awarding a grant under the
        program, the Secretary shall evaluate--
                ``(A) the extent to which a project supports achieving a
            state of good repair for each existing asset to be improved by
            the project;
                ``(B) the level of benefits a project is expected to
            generate, including--
                    ``(i) the costs avoided by the prevention of closure or
                reduced use of the asset to be improved by the project;
                    ``(ii) reductions in maintenance costs over the life of
                the applicable asset;
                    ``(iii) safety benefits, including the reduction of
                serious injuries and fatalities and related costs;
                    ``(iv) improved person or freight throughput, including
                improved mobility and reliability; and
                    ``(v) environmental benefits and health impacts, such
                as--

                        ``(I) reductions in greenhouse gas emissions;
                        ``(II) air quality benefits;
                        ``(III) preventing stormwater runoff that would be
                    a detriment to aquatic species; and
                        ``(IV) improved infrastructure resilience;

                ``(C) the benefits of the project, as compared to the costs
            of the project;
                ``(D) the number of persons or volume of freight, as
            applicable, supported by the project; and
                ``(E) national and regional economic benefits of the
            project, including with respect to short- and long-term job
            access, growth, or creation.
            ``(3) Additional considerations.--In selecting projects to
        receive grants under the program, the Secretary shall take into
        consideration--
                ``(A) contributions to geographical diversity among grant
            recipients, including a balance between the needs of rural and
            urban communities;
                ``(B) whether multiple States would benefit from a project;
                ``(C) whether, and the degree to which, a project uses--
                    ``(i) construction materials or approaches that have--

                        ``(I) demonstrated reductions in greenhouse gas
                    emissions; or
                        ``(II) reduced the need for maintenance of other
                    projects; or

                    ``(ii) technologies that will allow for future
                connectivity and automation;
                ``(D) whether a project would benefit--
                    ``(i) a historically disadvantaged community or
                population; or
                    ``(ii) an area of persistent poverty;
                ``(E) whether a project benefits users of multiple modes of
            transportation, including--
                    ``(i) pedestrians;
                    ``(ii) bicyclists; and
                    ``(iii) users of nonvehicular rail and public
                transportation, including intercity and commuter rail; and
                ``(F) whether a project improves connectivity between modes
            of transportation moving persons or goods nationally or
            regionally.
            ``(4) Ratings.--
                ``(A) In general.--In evaluating applications for a grant
            under the program, the Secretary shall assign the project
            proposed in the application a rating described in subparagraph
            (B), based on the information contained in the applicable
            notice published under paragraph (5).
                ``(B) Ratings.--
                    ``(i) Highly recommended.--The Secretary shall assign a
                rating of `highly recommended' to projects that, in the
                determination of the Secretary--

                        ``(I) are exemplary projects of national or
                    regional significance; and
                        ``(II) would provide significant public benefit, as
                    determined based on the applicable criteria described
                    in this subsection, if funded under the program.

                    ``(ii) Recommended.--The Secretary shall assign a
                rating of `recommended' to projects that, in the
                determination of the Secretary--

                        ``(I) are of national or regional significance; and
                        ``(II) would provide public benefit, as determined
                    based on the applicable criteria described in this
                    subsection, if funded under the program.

                    ``(iii) Not recommended.--The Secretary shall assign a
                rating of `not recommended' to projects that, in the
                determination of the Secretary, should not receive a grant
                under the program, based on the applicable criteria
                described in this subsection.
                ``(C) Technical assistance.--
                    ``(i) In general.--On request of an eligible entity
                that submitted an application under subsection (c) for a
                project that is not selected to receive a grant under the
                program, the Secretary shall provide to the eligible entity
                technical assistance and briefings relating to the project.
                    ``(ii) Treatment.--Technical assistance provided under
                this subparagraph shall not be considered a guarantee of
                future selection of the applicable project under the
                program.
            ``(5) Publication of project evaluation and selection
        criteria.--Not later than 90 days after the date of enactment of
        this chapter, the Secretary shall publish and make publicly
        available on the website of the Department a notice that contains a
        detailed explanation of--
                ``(A) the method by which the Secretary will determine
            whether a project satisfies the applicable requirements
            described in paragraph (1);
                ``(B) any additional ratings the Secretary may assign to
            determine the means by which a project addresses the selection
            criteria and additional considerations described in paragraphs
            (2) and (3); and
                ``(C) the means by which the project requirements and
            ratings referred to in subparagraphs (A) and (B) will be used
            to assign an overall rating for the project under paragraph
            (4).
            ``(6) Project selection priority.--In awarding grants under the
        program, the Secretary shall give priority to projects to which the
        Secretary has assigned a rating of `highly recommended' under
        paragraph (4)(B)(i).
        ``(g) Data Collection and Analysis.--
            ``(1) Plan.--
                ``(A) In general.--An eligible entity seeking a grant under
            the program shall submit to the Secretary, together with the
            grant application, a plan for the collection and analysis of
            data to identify in accordance with the framework established
            under paragraph (2)--
                    ``(i) the impacts of the project; and
                    ``(ii) the accuracy of any forecast prepared during the
                development phase of the project and included in the grant
                application.
                ``(B) Contents.--A plan under subparagraph (A) shall
            include--
                    ``(i) an approach to measuring--

                        ``(I) the criteria described in subsection (f)(2);
                    and
                        ``(II) if applicable, the additional requirements
                    described in subsection (f)(3);

                    ``(ii) an approach for analyzing the consistency of
                predicted project characteristics with actual outcomes; and
                    ``(iii) any other elements that the Secretary
                determines to be necessary.
            ``(2) Framework.--The Secretary may publish a standardized
        framework for the contents of the plans under paragraph (1), which
        may include, as appropriate--
                ``(A) standardized forecasting and measurement approaches;
                ``(B) data storage system requirements; and
                ``(C) any other requirements the Secretary determines to be
            necessary to carry out this section.
            ``(3) Multiyear grant agreements.--The Secretary shall require
        an eligible entity, as a condition of receiving funding pursuant to
        a multiyear grant agreement under the program, to collect
        additional data to measure the impacts of the project and to
        accurately track improvements made by the project, in accordance
        with a plan described in paragraph (1).
            ``(4) Reports.--
                ``(A) Project baseline.--Before the date of completion of a
            project for which a grant is provided under the program, the
            eligible entity carrying out the project shall submit to the
            Secretary a report providing baseline data for the purpose of
            analyzing the long-term impact of the project in accordance
            with the framework established under paragraph (2).
                ``(B) Updated report.--Not later than 6 years after the
            date of completion of a project for which a grant is provided
            under the program, the eligible entity carrying out the project
            shall submit to the Secretary a report that compares the
            baseline data included in the report under subparagraph (A) to
            project data collected during the period--
                    ``(i) beginning on the date that is 5 years after the
                date of completion of the project; and
                    ``(ii) ending on the date on which the updated report
                is submitted.
        ``(h) Eligible Project Costs.--
            ``(1) In general.--An eligible entity may use a grant provided
        under the program for--
                ``(A) development-phase activities and costs, including
            planning, feasibility analysis, revenue forecasting,
            alternatives analysis, data collection and analysis,
            environmental review and activities to support environmental
            review, preliminary engineering and design work, and other
            preconstruction activities, including the preparation of a data
            collection and post-construction analysis plan under subsection
            (g); and
                ``(B) construction, reconstruction, rehabilitation,
            acquisition of real property (including land relating to the
            project and improvements to that land), environmental
            mitigation (including projects to replace or rehabilitate
            culverts or reduce stormwater runoff for the purpose of
            improving habitat for aquatic species), construction
            contingencies, acquisition of equipment, protection, and
            operational improvements directly relating to the project.
            ``(2) Interest and other financing costs.--The interest and
        other financing costs of carrying out any part of a project under a
        multiyear grant agreement within a reasonable period of time shall
        be considered to be an eligible project cost only if the applicable
        eligible entity certifies to the Secretary that the eligible entity
        has demonstrated reasonable diligence in seeking the most favorable
        financing terms.
        ``(i) Cost Sharing.--
            ``(1) In general.--The total amount awarded for a project under
        the program may not exceed 60 percent of the total eligible project
        costs described in subsection (h).
            ``(2) Maximum federal involvement.--
                ``(A) In general.--Subject to subparagraph (B), Federal
            assistance other than a grant awarded under the program may be
            provided for a project for which a grant is awarded under the
            program.
                ``(B) Limitation.--The total amount of Federal assistance
            provided for a project for which a grant is awarded under the
            program shall not exceed 80 percent of the total cost of the
            project.
                ``(C) Non-federal share.--Secured loans or financing
            provided under section 603 of title 23 or section 22402 of this
            title and repaid with local funds or revenues shall be
            considered to be part of the local share of the cost of a
            project.
            ``(3) Application to multiyear agreements.--Notwithstanding any
        other provision of this title, in any case in which amounts are
        provided under the program pursuant to a multiyear agreement, the
        disbursed Federal share of the cost of the project may exceed the
        limitations described in paragraphs (1) and (2)(B) for 1 or more
        years if the total amount of the Federal share of the cost of the
        project, once completed, does not exceed those limitations.
        ``(j) Grant Agreements.--
            ``(1) In general.--A project for which an eligible entity
        receives a multiyear grant under the program shall be carried out
        in accordance with this subsection.
            ``(2) Terms.--A multiyear grant agreement under this subsection
        shall--
                ``(A) establish the terms of Federal participation in the
            applicable project;
                ``(B) establish the maximum amount of Federal financial
            assistance for the project;
                ``(C) establish a schedule of anticipated Federal
            obligations for the project that provides for obligation of the
            full grant amount;
                ``(D) describe the period of time for completing the
            project, regardless of whether that period extends beyond the
            period of an authorization; and
                ``(E) facilitate timely and efficient management of the
            applicable project by the eligible entity carrying out the
            project, in accordance with applicable law.
            ``(3) Special rules.--
                ``(A) In general.--A multiyear grant agreement under this
            subsection--
                    ``(i) shall provide for the obligation of an amount of
                available budget authority specified in law;
                    ``(ii) may include a commitment, contingent on amounts
                to be specified in law in advance for commitments under
                this paragraph, to obligate an additional amount from
                future available budget authority specified in law; and
                    ``(iii) shall provide that any funds disbursed under
                the program for the project before the completion of any
                review required under the National Environmental Policy Act
                of 1969 (42 U.S.C. 4321 et seq.) may only cover costs
                associated with development-phase activities described in
                subsection (h)(1)(A).
                ``(B) Contingent commitment.--A contingent commitment under
            this paragraph is not an obligation of the Federal Government,
            including for purposes of section 1501 of title 31.
            ``(4) Single-year grants.--The Secretary may only provide to an
        eligible entity a full grant under the program in a single year if
        all reviews required under the National Environmental Policy Act of
        1969 (42 U.S.C. 4321 et seq.) with respect to the applicable
        project have been completed before the receipt of any program
        funds.
        ``(k) Congressional Notification.--
            ``(1) In general.--Not later than 30 days before the date on
        which the Secretary publishes the selection of projects to receive
        grants under the program, the Secretary shall submit to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Transportation and Infrastructure of the House
        of Representatives a written notice that includes--
                ``(A) a list of all project applications reviewed by the
            Secretary as part of the selection process;
                ``(B) the rating assigned to each project under subsection
            (f)(4);
                ``(C) an evaluation and justification with respect to each
            project for which the Secretary will--
                    ``(i) provide a grant under the program; and
                    ``(ii) enter into a multiyear grant agreement under the
                program;
                ``(D) a description of the means by which the Secretary
            anticipates allocating among selected projects the amounts made
            available to the Secretary to carry out the program; and
                ``(E) anticipated funding levels required for the 3 fiscal
            years beginning after the date of submission of the notice for
            projects selected for grants under the program, based on
            information available to the Secretary as of that date.
            ``(2) Congressional disapproval.--The Secretary may not provide
        a grant or any other obligation or commitment to fund a project
        under the program if a joint resolution is enacted disapproving
        funding for the project before the last day of the 30-day period
        described in paragraph (1).
        ``(l) Reports.--
            ``(1) Transparency.--Not later than 60 days after the date on
        which the grants are announced under the program, the Secretary
        shall publish on the website of the Department a report that
        includes--
                ``(A) a list of all project applications reviewed by the
            Secretary as part of the selection process under the program;
                ``(B) the rating assigned to each project under subsection
            (f)(4); and
                ``(C) a description of each project for which a grant has
            been provided under the program.
            ``(2) Comptroller general.--
                ``(A) Assessment.--The Comptroller General of the United
            States shall conduct an assessment of the administrative
            establishment, solicitation, selection, and justification
            process with respect to the funding of grants under the
            program.
                ``(B) Report.--Not later than 18 months after the date on
            which the initial grants are awarded for projects under the
            program, the Comptroller General shall submit to the Committee
            on Commerce, Science, and Transportation of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives a report that describes, as applicable--
                    ``(i) the adequacy and fairness of the process by which
                the projects were selected; and
                    ``(ii) the justification and criteria used for the
                selection of the projects.
        ``(m) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        the Secretary to carry out the program $2,000,000,000 for each of
        fiscal years 2022 through 2026.
            ``(2) Other projects.--Of the amounts made available under
        paragraph (1), 50 percent shall be set aside for projects that have
        a project cost of--
                ``(A) more than $100,000,000; but
                ``(B) less than $500,000,000.
            ``(3) Administrative expenses.--Of the amounts made available
        to carry out the program for each fiscal year, the Secretary may
        reserve not more than 2 percent for the costs of--
                ``(A) administering and overseeing the program; and
                ``(B) hiring personnel for the program, including personnel
            dedicated to processing permitting and environmental review
            issues.
            ``(4) Transfer of authority.--The Secretary may transfer any
        portion of the amounts reserved under paragraph (3) for a fiscal
        year to the Administrator of any of the Federal Highway
        Administration, the Federal Transit Administration, the Federal
        Railroad Administration, or the Maritime Administration to award
        and oversee grants in accordance with this section.
        ``(n) Additional Requirements.--
            ``(1) In general.--Each project that receives a grant under
        this chapter shall achieve compliance with the applicable
        requirements of--
                ``(A) subchapter IV of chapter 31 of title 40;
                ``(B) title VI of the Civil Rights Act of 1964 (42 U.S.C.
            2000d et seq.); and
                ``(C) the National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.).
            ``(2) Modal requirements.--The Secretary shall, with respect to
        a project funded by a grant under this section, apply--
                ``(A) the requirements of title 23 to a highway, road, or
            bridge project;
                ``(B) the requirements of chapter 53 to a transit project;
            and
                ``(C) the requirements of section 22905 to a rail project.
            ``(3) Multimodal projects.--
                ``(A) In general.--Except as otherwise provided in this
            paragraph, if an eligible project is a multimodal project, the
            Secretary shall--
                    ``(i) determine the predominant modal component of the
                project; and
                    ``(ii) apply the applicable requirements described in
                paragraph (2) of the predominant modal component to the
                project.
                ``(B) Exceptions.--
                    ``(i) Passenger or freight rail component.--The
                requirements of section 22905 shall apply to any passenger
                or freight rail component of a project.
                    ``(ii) Public transportation component.--The
                requirements of section 5333 shall apply to any public
                transportation component of a project.''.
    SEC. 21202. LOCAL AND REGIONAL PROJECT ASSISTANCE.
        (a) In General.--Chapter 67 of subtitle III of title 49, United
    States Code (as added by section 21201), is amended by adding at the
    end the following:
    ``Sec. 6702. Local and regional project assistance
        ``(a) Definitions.--In this section:
            ``(1) Area of persistent poverty.--The term `area of persistent
        poverty' means--
                ``(A) any county (or equivalent jurisdiction) in which,
            during the 30-year period ending on the date of enactment of
            this chapter, 20 percent or more of the population continually
            lived in poverty, as measured by--
                    ``(i) the 1990 decennial census;
                    ``(ii) the 2000 decennial census; and
                    ``(iii) the most recent annual small area income and
                poverty estimate of the Bureau of the Census;
                ``(B) any census tract with a poverty rate of not less than
            20 percent, as measured by the 5-year data series available
            from the American Community Survey of the Bureau of the Census
            for the period of 2014 through 2018; and
                ``(C) any territory or possession of the United States.
            ``(2) Eligible entity.--The term `eligible entity' means--
                ``(A) a State;
                ``(B) the District of Columbia;
                ``(C) any territory or possession of the United States;
                ``(D) a unit of local government;
                ``(E) a public agency or publicly chartered authority
            established by 1 or more States;
                ``(F) a special purpose district or public authority with a
            transportation function, including a port authority;
                ``(G) a federally recognized Indian Tribe or a consortium
            of such Indian Tribes;
                ``(H) a transit agency; and
                ``(I) a multi-State or multijurisdictional group of
            entities described in any of subparagraphs (A) through (H).
            ``(3) Eligible project.--The term `eligible project' means--
                ``(A) a highway or bridge project eligible for assistance
            under title 23;
                ``(B) a public transportation project eligible for
            assistance under chapter 53;
                ``(C) a passenger rail or freight rail transportation
            project eligible for assistance under this title;
                ``(D) a port infrastructure investment, including--
                    ``(i) inland port infrastructure; and
                    ``(ii) a land port-of-entry;
                ``(E) the surface transportation components of an airport
            project eligible for assistance under part B of subtitle VII;
                ``(F) a project for investment in a surface transportation
            facility located on Tribal land, the title or maintenance
            responsibility of which is vested in the Federal Government;
                ``(G) a project to replace or rehabilitate a culvert or
            prevent stormwater runoff for the purpose of improving habitat
            for aquatic species that will advance the goal of the program
            described in subsection (b)(2); and
                ``(H) any other surface transportation infrastructure
            project that the Secretary considers to be necessary to advance
            the goal of the program.
            ``(4) Program.--The term `program' means the Local and Regional
        Project Assistance Program established under subsection (b)(1).
            ``(5) Rural area.--The term `rural area' means an area that is
        located outside of an urbanized area.
            ``(6) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
            ``(7) Urbanized area.--The term `urbanized area' means an area
        with a population of more than 200,000 residents, based on the most
        recent decennial census.
        ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish and carry out
        a program, to be known as the `Local and Regional Project
        Assistance Program', to provide for capital investments in surface
        transportation infrastructure.
            ``(2) Goal.--The goal of the program shall be to fund eligible
        projects that will have a significant local or regional impact and
        improve transportation infrastructure.
        ``(c) Grants.--
            ``(1) In general.--In carrying out the program, the Secretary
        may make grants to eligible entities, on a competitive basis, in
        accordance with this section.
            ``(2) Amount.--Except as otherwise provided in this section,
        each grant made under the program shall be in an amount equal to--
                ``(A) not less than $5,000,000 for an urbanized area;
                ``(B) not less than $1,000,000 for a rural area; and
                ``(C) not more than $25,000,000.
            ``(3) Limitation.--Not more than 15 percent of the funds made
        available to carry out the program for a fiscal year may be awarded
        to eligible projects in a single State during that fiscal year.
        ``(d) Selection of Eligible Projects.--
            ``(1) Notice of funding opportunity.--Not later than 60 days
        after the date on which funds are made available to carry out the
        program, the Secretary shall publish a notice of funding
        opportunity for the funds.
            ``(2) Applications.--To be eligible to receive a grant under
        the program, an eligible entity shall submit to the Secretary an
        application--
                ``(A) in such form and containing such information as the
            Secretary considers to be appropriate; and
                ``(B) by such date as the Secretary may establish, subject
            to the condition that the date shall be not later than 90 days
            after the date on which the Secretary issues the solicitation
            under paragraph (1).
            ``(3) Primary selection criteria.--In awarding grants under the
        program, the Secretary shall evaluate the extent to which a
        project--
                ``(A) improves safety;
                ``(B) improves environmental sustainability;
                ``(C) improves the quality of life of rural areas or
            urbanized areas;
                ``(D) increases economic competitiveness and opportunity,
            including increasing tourism opportunities;
                ``(E) contributes to a state of good repair; and
                ``(F) improves mobility and community connectivity.
            ``(4) Additional selection criteria.--In selecting projects to
        receive grants under the program, the Secretary shall take into
        consideration the extent to which--
                ``(A) the project sponsors collaborated with other public
            and private entities;
                ``(B) the project adopts innovative technologies or
            techniques, including--
                    ``(i) innovative technology;
                    ``(ii) innovative project delivery techniques; and
                    ``(iii) innovative project financing;
                ``(C) the project has demonstrated readiness; and
                ``(D) the project is cost effective.
            ``(5) Transparency.--
                ``(A) In general.--The Secretary, shall evaluate, through a
            methodology that is discernible and transparent to the public,
            the means by which each application submitted under paragraph
            (2) addresses the criteria under paragraphs (3) and (4) or
            otherwise established by the Secretary.
                ``(B) Publication.--The methodology under subparagraph (A)
            shall be published by the Secretary as part of the notice of
            funding opportunity under the program.
            ``(6) Awards.--Not later than 270 days after the date on which
        amounts are made available to provide grants under the program for
        a fiscal year, the Secretary shall announce the selection by the
        Secretary of eligible projects to receive the grants in accordance
        with this section.
            ``(7) Technical assistance.--
                ``(A) In general.--On request of an eligible entity that
            submitted an application under paragraph (2) for a project that
            is not selected to receive a grant under the program, the
            Secretary shall provide to the eligible entity technical
            assistance and briefings relating to the project.
                ``(B) Treatment.--Technical assistance provided under this
            paragraph shall not be considered a guarantee of future
            selection of the applicable project under the program.
        ``(e) Federal Share.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Federal share of the cost of an eligible project carried out using
        a grant provided under the program shall not exceed 80 percent.
            ``(2) Exception.--The Federal share of the cost of an eligible
        project carried out in a rural area, a historically disadvantaged
        community, or an area of persistent poverty using a grant under
        this subsection may exceed 80 percent, at the discretion of the
        Secretary.
            ``(3) Treatment of other federal funds.--Amounts provided under
        any of the following programs shall be considered to be a part of
        the non-Federal share for purposes of this subsection:
                ``(A) The tribal transportation program under section 202
            of title 23.
                ``(B) The Federal lands transportation program under
            section 203 of title 23.
                ``(C) The TIFIA program (as defined in section 601(a) of
            title 23).
                ``(D) The Railroad Rehabilitation and Improvement Financing
            Program under chapter 224.
        ``(f) Other Considerations.--
            ``(1) In general.--Of the total amount made available to carry
        out the program for each fiscal year--
                ``(A) not more than 50 percent shall be allocated for
            eligible projects located in rural areas; and
                ``(B) not more than 50 percent shall be allocated for
            eligible projects located in urbanized areas.
            ``(2) Historically disadvantaged communities and areas of
        persistent poverty.--Of the total amount made available to carry
        out the program for each fiscal year, not less than 1 percent shall
        be awarded for projects in historically disadvantaged communities
        or areas of persistent poverty.
            ``(3) Multimodal and geographical considerations.--In selecting
        projects to receive grants under the program, the Secretary shall
        take into consideration geographical and modal diversity.
        ``(g) Project Planning.--Of the amounts made available to carry out
    the program for each fiscal year, not less than 5 percent shall be made
    available for the planning, preparation, or design of eligible
    projects.
        ``(h) Transfer of Authority.--Of the amounts made available to
    carry out the program for each fiscal year, the Secretary may transfer
    not more than 2 percent for a fiscal year to the Administrator of any
    of the Federal Highway Administration, the Federal Transit
    Administration, the Federal Railroad Administration, or the Maritime
    Administration to award and oversee grants and credit assistance in
    accordance with this section.
        ``(i) Credit Program Costs.--
            ``(1) In general.--Subject to paragraph (2), at the request of
        an eligible entity, the Secretary may use a grant provided to the
        eligible entity under the program to pay the subsidy or credit risk
        premium, and the administrative costs, of an eligible project that
        is eligible for Federal credit assistance under--
                ``(A) chapter 224; or
                ``(B) chapter 6 of title 23.
            ``(2) Limitation.--Not more than 20 percent of the funds made
        available to carry out the program for a fiscal year may be used to
        carry out paragraph (1).
        ``(j) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $1,500,000,000 for each of
    fiscal years 2022 through 2026, to remain available for a period of 3
    fiscal years following the fiscal year for which the amounts are
    appropriated.
        ``(k) Reports.--
            ``(1) Annual report.--The Secretary shall make available on the
        website of the Department of Transportation at the end of each
        fiscal year an annual report that describes each eligible project
        for which a grant was provided under the program during that fiscal
        year.
            ``(2) Comptroller general.--Not later than 1 year after the
        date on which the initial grants are awarded for eligible projects
        under the program, the Comptroller General of the United States
        shall--
                ``(A) review the administration of the program, including--
                    ``(i) the solicitation process; and
                    ``(ii) the selection process, including--

                        ``(I) the adequacy and fairness of the process; and
                        ``(II) the selection criteria; and

                ``(B) submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a report describing the findings of the review
            under subparagraph (A), including recommendations for improving
            the administration of the program, if any.''.
        (b) Study.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General of the United States shall conduct,
    and submit to the Committee on Commerce, Science, and Transportation of
    the Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives a report describing the results of, a
    study of how changes to Federal share matching requirements and
    selection criteria, such as using State population data in Department
    discretionary programs, may impact the allocations made to States.
        (c) Clerical Amendment.--The analysis for subtitle III of title 49,
    United States Code, is amended by adding at the end the following:

               ``CHAPTER 67--Multimodal Infrastructure Investments

    ``6701. National infrastructure project assistance.
    ``6702. Local and regional project assistance.''.
    SEC. 21203. NATIONAL CULVERT REMOVAL, REPLACEMENT, AND RESTORATION
    GRANT PROGRAM.
        (a) In General.--Chapter 67 of title 49, United States Code (as
    amended by section 21202(a)), is amended by adding at the end the
    following:
    ``Sec. 6703. National culvert removal, replacement, and restoration
        grant program
        ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of the
        United States Fish and Wildlife Service.
            ``(2) Indian tribe.--The term `Indian Tribe' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            ``(3) Program.--The term `program' means the annual competitive
        grant program established under subsection (b).
            ``(4) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
            ``(5) Undersecretary.--The term `Undersecretary' means the
        Undersecretary of Commerce for Oceans and Atmosphere.
        ``(b) Establishment.--The Secretary, in consultation with the
    Undersecretary, shall establish an annual competitive grant program to
    award grants to eligible entities for projects for the replacement,
    removal, and repair of culverts or weirs that--
            ``(1) would meaningfully improve or restore fish passage for
        anadromous fish; and
            ``(2) with respect to weirs, may include--
                ``(A) infrastructure to facilitate fish passage around or
            over the weir; and
                ``(B) weir improvements.
        ``(c) Eligible Entities.--An entity eligible to receive a grant
    under the program is--
            ``(1) a State;
            ``(2) a unit of local government; or
            ``(3) an Indian Tribe.
        ``(d) Grant Selection Process.--The Secretary, in consultation with
    the Undersecretary and the Director, shall establish a process for
    determining criteria for awarding grants under the program, subject to
    subsection (e).
        ``(e) Prioritization.--The Secretary, in consultation with the
    Undersecretary and the Director, shall establish procedures to
    prioritize awarding grants under the program to--
            ``(1) projects that would improve fish passage for--
                ``(A) anadromous fish stocks listed as an endangered
            species or a threatened species under section 4 of the
            Endangered Species Act of 1973 (16 U.S.C. 1533);
                ``(B) anadromous fish stocks identified by the
            Undersecretary or the Director that could reasonably become
            listed as an endangered species or a threatened species under
            that section;
                ``(C) anadromous fish stocks identified by the
            Undersecretary or the Director as prey for endangered species,
            threatened species, or protected species, including Southern
            resident orcas (Orcinus orcas); or
                ``(D) anadromous fish stocks identified by the
            Undersecretary or the Director as climate resilient stocks; and
            ``(2) projects that would open up more than 200 meters of
        upstream habitat before the end of the natural habitat.
        ``(f) Federal Share.--The Federal share of the cost of a project
    carried out with a grant to a State or a unit of local government under
    the program shall be not more than 80 percent.
        ``(g) Technical Assistance.--The Secretary, in consultation with
    the Undersecretary and the Director, shall develop a process to provide
    technical assistance to Indian Tribes and underserved communities to
    assist in the project design and grant process and procedures.
        ``(h) Administrative Expenses.--Of the amounts made available for
    each fiscal year to carry out the program, the Secretary, the
    Undersecretary, and the Director may use not more than 2 percent to pay
    the administrative expenses necessary to carry out this section.
        ``(i) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the program $800,000,000 for each of fiscal
    years 2022 through 2026.''.
        (b) Clerical Amendment.--The analysis for chapter 67 of title 49,
    United States Code (as added by section 21202(c)), is amended by adding
    at the end the following:
    ``6703. National culvert removal, replacement, and restoration grant
              program.''.
    SEC. 21204. NATIONAL MULTIMODAL COOPERATIVE FREIGHT RESEARCH PROGRAM.
        (a) In General.--Chapter 702 of title 49, United States Code (as
    amended by section 21106(a)), is amended by inserting after section
    70204 the following:
    ``Sec. 70205. National multimodal cooperative freight research program
        ``(a) Establishment.--Not later than 1 year after the date of
    enactment of this section, the Secretary of Transportation (referred to
    in this section as the `Secretary') shall establish and support a
    national cooperative freight transportation research program.
        ``(b) Administration by National Academy of Sciences.--
            ``(1) In general.--The Secretary shall enter into an agreement
        with the National Academy of Sciences to support and carry out
        administrative and management activities under the program
        established under subsection (a).
            ``(2) Advisory committee.--To assist the National Academy of
        Sciences in carrying out this subsection, the National Academy
        shall establish an advisory committee, the members of which
        represent a cross-section of multimodal freight stakeholders,
        including--
                ``(A) the Department of Transportation and other relevant
            Federal departments and agencies;
                ``(B) State (including the District of Columbia)
            departments of transportation;
                ``(C) units of local government, including public port
            authorities;
                ``(D) nonprofit entities;
                ``(E) institutions of higher education;
                ``(F) labor organizations representing employees in freight
            industries; and
                ``(G) private sector entities representing various
            transportation modes.
        ``(c) Activities.--
            ``(1) National research agenda.--
                ``(A) In general.--The advisory committee established under
            subsection (b)(2), in consultation with interested parties,
            shall recommend a national research agenda for the program in
            accordance with subsection (d), which shall include a multiyear
            strategic plan.
                ``(B) Action by interested parties.--For purposes of
            subparagraph (A), an interested party may--
                    ``(i) submit to the advisory committee research
                proposals;
                    ``(ii) participate in merit reviews of research
                proposals and peer reviews of research products; and
                    ``(iii) receive research results.
            ``(2) Research contracts and grants.--
                ``(A) In general.--The National Academy of Sciences may
            award research contracts and grants under the program
            established under subsection (a) through--
                    ``(i) open competition; and
                    ``(ii) merit review, conducted on a regular basis.
                ``(B) Evaluation.--
                    ``(i) Peer review.--A contract or grant for research
                under subparagraph (A) may allow peer review of the
                research results.
                    ``(ii) Programmatic evaluations.--The National Academy
                of Sciences may conduct periodic programmatic evaluations
                on a regular basis of a contract or grant for research
                under subparagraph (A).
                ``(C) Dissemination of findings.--The National Academy of
            Sciences shall disseminate the findings of any research
            conducted under this paragraph to relevant researchers,
            practitioners, and decisionmakers through--
                    ``(i) conferences and seminars;
                    ``(ii) field demonstrations;
                    ``(iii) workshops;
                    ``(iv) training programs;
                    ``(v) presentations;
                    ``(vi) testimony to government officials;
                    ``(vii) publicly accessible websites;
                    ``(viii) publications for the general public; and
                    ``(ix) other appropriate means.
            ``(3) Report.--Not later than 1 year after the date of
        establishment of the program under subsection (a), and annually
        thereafter, the Secretary shall make available on a public website
        a report that describes the ongoing research and findings under the
        program.
        ``(d) Areas for Research.--The national research agenda under
    subsection (c)(1) shall consider research in the following areas:
            ``(1) Improving the efficiency and resiliency of freight
        movement, including--
                ``(A) improving the connections between rural areas and
            domestic and foreign markets;
                ``(B) maximizing infrastructure utility, including
            improving urban curb-use efficiency;
                ``(C) quantifying the national impact of blocked railroad
            crossings;
                ``(D) improved techniques for estimating and quantifying
            public benefits derived from freight transportation projects;
            and
                ``(E) low-cost methods to reduce congestion at bottlenecks.
            ``(2) Adapting to future trends in freight, including--
                ``(A) considering the impacts of e-commerce;
                ``(B) automation; and
                ``(C) zero-emissions transportation.
            ``(3) Workforce considerations in freight, including--
                ``(A) diversifying the freight transportation industry
            workforce; and
                ``(B) creating and transitioning a workforce capable of
            designing, deploying, and operating emerging technologies.
        ``(e) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an activity
        carried out under this section shall be up to 100 percent.
            ``(2) Use of non-federal funds.--In addition to using funds
        made available to carry out this section, the National Academy of
        Sciences may seek and accept additional funding from public and
        private entities capable of accepting funding from the Department
        of Transportation, States, units of local government, nonprofit
        entities, and the private sector.
        ``(f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $3,750,000 for each fiscal year to carry
    out the program established under subsection (a), to remain available
    until expended.
        ``(g) Sunset.--The program established under subsection (a) shall
    terminate 5 years after the date of enactment of this section.''.
        (b) Clerical Amendment.--The analysis for chapter 702 of title 49,
    United States Code (as amended by section 21106(b)), is amended by
    inserting after the item relating to section 70204 the following:
    ``70205. National multimodal cooperative freight research program.''.
    SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.
        (a) Definitions.--In this section:
            (1) Build america bureau.--The term ``Build America Bureau''
        means the National Surface Transportation and Innovative Finance
        Bureau established under section 116 of title 49, United States
        Code.
            (2) Eligible entity.--The term ``eligible entity'' means--
                (A) a unit of local government or political subdivision
            that is located outside of an urbanized area with a population
            of more than 150,000 residents, as determined by the Bureau of
            the Census;
                (B) a State seeking to advance a project located in an area
            described in subparagraph (A);
                (C) a federally recognized Indian Tribe; and
                (D) the Department of Hawaiian Home Lands.
            (3) Eligible program.--The term ``eligible program'' means any
        program described in--
                (A) subparagraph (A) or (B) of section 116(d)(1) of title
            49, United States Code;
                (B) section 118(d)(3)(A) of that title (as added by section
            21101(a)); or
                (C) chapter 67 of that title (as added by section 21201).
            (4) Pilot program.--The term ``pilot program'' means the Rural
        and Tribal Assistance Pilot Program established under subsection
        (b)(1).
        (b) Establishment.--
            (1) In general.--The Secretary shall establish within the Build
        America Bureau a pilot program, to be known as the ``Rural and
        Tribal Assistance Pilot Program'', to provide to eligible entities
        the assistance and information described in paragraph (2).
            (2) Assistance and information.--In carrying out the pilot
        program, the Secretary may provide to an eligible entity the
        following:
                (A) Financial, technical, and legal assistance to evaluate
            potential projects reasonably expected to be eligible to
            receive funding or financing assistance under an eligible
            program.
                (B) Assistance with development-phase activities,
            including--
                    (i) project planning;
                    (ii) feasibility studies;
                    (iii) revenue forecasting and funding and financing
                options analyses;
                    (iv) environmental review;
                    (v) preliminary engineering and design work;
                    (vi) economic assessments and cost-benefit analyses;
                    (vii) public benefit studies;
                    (viii) statutory and regulatory framework analyses;
                    (ix) value for money studies;
                    (x) evaluations of costs to sustain the project;
                    (xi) evaluating opportunities for private financing and
                project bundling; and
                    (xii) any other activity determined to be appropriate
                by the Secretary.
                (C) Information regarding innovative financing best
            practices and case studies, if the eligible entity is
            interested in using innovative financing methods.
        (c) Assistance From Expert Firms.--The Secretary may retain the
    services of expert firms, including counsel, in the field of municipal
    and project finance to assist in providing financial, technical, and
    legal assistance to eligible entities under the pilot program.
        (d) Website.--
            (1) Description of pilot program.--
                (A) In general.--The Secretary shall make publicly
            available on the website of the Department a description of the
            pilot program, including--
                    (i) the resources available to eligible entities under
                the pilot program; and
                    (ii) the application process established under
                paragraph (2)(A).
                (B) Clearinghouse.--The Secretary may establish a
            clearinghouse for tools, templates, and best practices on the
            page of the website of the Department that contains the
            information described in subparagraph (A).
            (2) Applications.--
                (A) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall establish a process
            by which an eligible entity may submit to the Secretary an
            application under the pilot program, in such form and
            containing such information as the Secretary may require.
                (B) Online portal.--The Secretary shall develop and make
            available to the public an online portal through which the
            Secretary may receive applications under subparagraph (A), on a
            rolling basis.
                (C) Approval.--
                    (i) In general.--Not later than 60 days after the date
                on which the Secretary receives a complete application
                under subparagraph (A), the Secretary shall provide to each
                eligible entity that submitted the application a notice
                describing whether the application is approved or
                disapproved.
                    (ii) Additional written notification.--

                        (I) In general.--Not later than 30 days after the
                    date on which the Secretary provides to an eligible
                    entity a notification under clause (i), the Secretary
                    shall provide to the eligible entity an additional
                    written notification of the approval or disapproval of
                    the application.
                        (II) Disapproved applications.--If the application
                    of an eligible entity is disapproved under this
                    subparagraph, the additional written notification
                    provided to the eligible entity under subclause (I)
                    shall include an offer for a written or telephonic
                    debrief by the Secretary that will provide an
                    explanation of, and guidance regarding, the reasons why
                    the application was disapproved.

                    (iii) Insufficient applications.--The Secretary shall
                not approve an application under this subparagraph if the
                application fails to meet the applicable criteria
                established under this section.
            (3) Dashboard.--The Secretary shall publish on the website of
        the Department a monthly report that includes, for each application
        received under the pilot program--
                (A) the type of eligible entity that submitted the
            application;
                (B) the location of each potential project described in the
            application;
                (C) a brief description of the assistance requested;
                (D) the date on which the Secretary received the
            application; and
                (E) the date on which the Secretary provided the notice of
            approval or disapproval under paragraph (2)(C)(i).
        (e) Experts.--An eligible entity that receives assistance under the
    pilot program may retain the services of an expert for any phase of a
    project carried out using the assistance, including project
    development, regardless of whether the expert is retained by the
    Secretary under subsection (c).
        (f) Funding.--
            (1) In general.--For each of fiscal years 2022 through 2026,
        the Secretary may use to carry out the pilot program, including to
        retain the services of expert firms under subsection (c), any
        amount made available to the Secretary to provide credit assistance
        under an eligible program that is not otherwise obligated, subject
        to paragraph (2).
            (2) Limitation.--The amount used under paragraph (1) to carry
        out the pilot program shall be not more than--
                (A) $1,600,000 for fiscal year 2022;
                (B) $1,800,000 for fiscal year 2023;
                (C) $2,000,000 for fiscal year 2024;
                (D) $2,200,000 for fiscal year 2025; and
                (E) $2,400,000 for fiscal year 2026.
            (3) Geographical distribution.--Not more than 20 percent of the
        funds made available to carry out the pilot program for a fiscal
        year may be used for projects in a single State during that fiscal
        year.
        (g) Sunset.--The pilot program shall terminate on the date that is
    5 years after the date of enactment of this Act.
        (h) Nonapplicability.--Nothing in this section limits the ability
    of the Build America Bureau or the Secretary to establish or carry out
    any other assistance program under title 23 or title 49, United States
    Code.
        (i) Administration by Build America Bureau.--Section 116(d)(1) of
    title 49, United States Code (as amended by section 21101(d)(4)), is
    amended by adding at the end the following:
                ``(D) The Rural and Tribal Assistance Pilot Program
            established under section 21205(b)(1) of the Surface
            Transportation Investment Act of 2021.''.

     Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

    SEC. 21301. RRIF CODIFICATION AND REFORMS.
        (a) Codification of Title V of the Railroad Revitalization and
    Regulatory Reform Act of 1976.--Part B of subtitle V of title 49,
    United States Code, is amended--
            (1) by inserting after chapter 223 the following chapter
        analysis:

        ``Chapter 224--Railroad Rehabilitation and Improvement Financing

    ``Sec.
    ``22401. Definitions.
    ``22402. Direct loans and loan guarantees.
    ``22403. Administration of direct loans and loan guarantees.
    ``22404. Employee protection.
    ``22405. Substantive criteria and standards.
    ``22406. Authorization of appropriations.'';

            (2) by inserting after the chapter analysis the following
        section headings:
    ``Sec. 22401. Definitions
    ``Sec. 22402. Direct loans and loan guarantees
    ``Sec. 22403. Administration of direct loans and loan guarantees
    ``Sec. 22404. Employee protection'';
            (3) by inserting after the section heading for section 22401,
        as added by paragraph (2), the text of section 501 of the Railroad
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821);
            (4) by inserting after the section heading for section 22402,
        as added by paragraph (2), the text of section 502 of the Railroad
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 822);
            (5) by inserting after the section heading for section 22403,
        as added by paragraph (2), the text of section 503 of the Railroad
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823);
        and
            (6) by inserting after the section heading for section 22404,
        as added by paragraph (2), the text of section 504 of the Railroad
        Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 836).
        (b) Conforming Repeals.--
            (1) Repeals.--
                (A) Sections 501, 502, 503, and 504 of the Railroad
            Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
            821, 822, 823, and 836) are repealed.
                (B) Section 9003(j) of the Safe, Accountable, Flexible,
            Efficient Transportation Equity Act: A Legacy for Users (45
            U.S.C. 822 note) is repealed.
            (2) Savings provision.--The repeals under paragraph (1) shall
        not affect the rights and duties that matured under the repealed
        sections, the penalties that were incurred under such sections, or
        any proceeding authorized under any such section that commenced
        before the date of enactment of this Act.
        (c) Definitions.--
            (1) Headings.--Section 22401 of title 49, United States Code,
        as added by subsection (a)(2), and amended by subsection (a)(3), is
        further amended--
                (A) in paragraph (1)--
                    (i) by striking ``(1)(A) The'' and inserting the
                following:
            ``(1) Cost.--
                ``(A) The''; and
                    (ii) by indenting subparagraphs (B) through (F)
                appropriately; and
                (B) in each of paragraphs (2) through (14), by inserting a
            paragraph heading, the text of which is comprised of the term
            defined in the paragraph.
            (2) Other technical amendments.--Section 22401 of title 49,
        United States Code, as added by subsection (a)(2), and amended by
        subsection (a)(3) and paragraph (1) of this subsection, is further
        amended--
                (A) in the matter preceding paragraph (1), by striking
            ``For purposes of this title:'' and inserting ``In this
            chapter:'';
                (B) in paragraph (11), by striking ``under this title'' and
            inserting ``under this chapter'';
                (C) by amending paragraph (12) to read as follows:
            ``(12) Railroad.--The term `railroad' includes--
                ``(A) any railroad or railroad carrier (as such terms are
            defined in section 20102); and
                ``(B) any rail carrier (as defined in section 24102).'';
                (D) by redesignating paragraph (14) as paragraph (15); and
                (E) by inserting after paragraph (13) the following:
            ``(14) Secretary.--The term `Secretary' means the Secretary of
        Transportation.''.
        (d) Direct Loans and Loan Guarantees.--Section 22402 of title 49,
    United States Code, as added by subsection (a)(2), and amended by
    subsection (a)(4), is further amended--
            (1) in subsection (a)--
                (A) in paragraph (2), by inserting ``entities
            implementing'' before ``interstate compacts'';
                (B) in paragraph (5)--
                    (i) by inserting ``entities participating in'' before
                ``joint ventures''; and
                    (ii) by striking ``and'' at the end; and
                (C) by striking paragraph (6) and inserting the following:
            ``(6) limited option freight shippers that own or operate a
        plant or other facility, solely for the purpose of constructing a
        rail connection between a plant or facility and a railroad; and
            ``(7) private entities with controlling ownership in 1 or more
        freight railroads other than Class I carriers.'';
            (2) in subsection (b)--
                (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--Direct loans and loan guarantees authorized
        under this section shall be used--
                ``(A) to acquire, improve, or rehabilitate intermodal or
            rail equipment or facilities, including track, components of
            track, cuts and fills, stations, tunnels, bridges, yards,
            buildings, and shops, and to finance costs related to those
            activities, including pre-construction costs;
                ``(B) to develop or establish new intermodal or railroad
            facilities;
                ``(C) to develop landside port infrastructure for seaports
            serviced by rail;
                ``(D) to refinance outstanding debt incurred for the
            purposes described in subparagraph (A) , (B), or (C);
                ``(E) to reimburse planning, permitting, and design
            expenses relating to activities described in subparagraph (A),
            (B), or (C); or
                ``(F) to finance economic development, including commercial
            and residential development, and related infrastructure and
            activities, that--
                    ``(i) incorporates private investment of greater than
                20 percent of total project costs;
                    ``(ii) is physically connected to, or is within \1/2\
                mile of, a fixed guideway transit station, an intercity bus
                station, a passenger rail station, or a multimodal station,
                provided that the location includes service by a railroad;
                    ``(iii) demonstrates the ability of the applicant to
                commence the contracting process for construction not later
                than 90 days after the date on which the direct loan or
                loan guarantee is obligated for the project under this
                chapter; and
                    ``(iv) demonstrates the ability to generate new revenue
                for the relevant passenger rail station or service by
                increasing ridership, increasing tenant lease payments, or
                carrying out other activities that generate revenue
                exceeding costs.''; and
                (B) by striking paragraph (3);
            (3) in subsection (c)--
                (A) in paragraph (1), by striking ``of title 49, United
            States Code''; and
                (B) in paragraph (5), by striking ``title 49, United States
            Code,'' and inserting ``this title'';
            (4) in subsection (e), by amending paragraph (1) to read as
        follows:
            ``(1) Direct loans.--The interest rate on a direct loan under
        this section shall be not less than the yield on United States
        Treasury securities of a similar maturity to the maturity of the
        secured loan on the date of execution of the loan agreement.'';
            (5) in subsection (f)--
                (A) in paragraph (3)--
                    (i) in the matter preceding subparagraph (A)--

                        (I) by striking ``An applicant may propose and''
                    and inserting ``Upon receipt of a proposal from an
                    applicant under this section,''; and
                        (II) by striking ``tangible asset'' and inserting
                    ``collateral described in paragraph (6)'';

                    (ii) in subparagraph (B)(ii), by inserting ``,
                including operating or tenant charges, facility rents, or
                other fees paid by transportation service providers or
                operators for access to, or the use of, infrastructure,
                including rail lines, bridges, tunnels, yards, or
                stations'' after ``user fees'';
                    (iii) in subparagraph (C), by striking ``$75,000,000''
                and inserting ``$150,000,000''; and
                    (iv) by adding at the end the following:
                ``(D) Revenue from projected freight or passenger demand
            for the project based on regionally developed economic
            forecasts, including projections of any modal diversion
            resulting from the project.''; and
                (B) by adding at the end the following:
            ``(5) Cohorts of loans.--Subject to the availability of funds
        appropriated by Congress under section 22406(a)(2), for any direct
        loan issued before the date of enactment of the Fixing America's
        Surface Transportation Act (Public Law 114-94) pursuant to sections
        501 through 504 of the Railroad Revitalization and Regulatory
        Reform Act of 1976 (Public Law 94-210), the Secretary shall repay
        the credit risk premiums of such loan, with interest accrued
        thereon, not later than--
                ``(A) 60 days after the date of enactment of the Surface
            Transportation Investment Act of 2021 if the borrower has
            satisfied all obligations attached to such loan; or
                ``(B) if the borrower has not yet satisfied all obligations
            attached to such loan, 60 days after the date on which all
            obligations attached to such loan have been satisfied.
            ``(6) Collateral.--
                ``(A) Types of collateral.--An applicant or infrastructure
            partner may propose tangible and intangible assets as
            collateral, exclusive of goodwill. The Secretary, after
            evaluating each such asset--
                    ``(i) shall accept a net liquidation value of
                collateral; and
                    ``(ii) shall consider and may accept--

                        ``(I) the market value of collateral; or
                        ``(II) in the case of a blanket pledge or
                    assignment of an entire operating asset or basket of
                    assets as collateral, the market value of assets, or,
                    the market value of the going concern, considering--

                            ``(aa) inclusion in the pledge of all the
                        assets necessary for independent operational
                        utility of the collateral, including tangible
                        assets such as real property, track and structure,
                        motive power, equipment and rolling stock,
                        stations, systems and maintenance facilities and
                        intangible assets such as long-term shipping
                        agreements, easements, leases and access rights
                        such as for trackage and haulage;
                            ``(bb) interchange commitments; and
                            ``(cc) the value of the asset as determined
                        through the cost or market approaches, or the
                        market value of the going concern, with the latter
                        considering discounted cash flows for a period not
                        to exceed the term of the direct loan or loan
                        guarantee.
                ``(B) Appraisal standards.--In evaluating appraisals of
            collateral under subparagraph (A), the Secretary shall
            consider--
                    ``(i) adherence to the substance and principles of the
                Uniform Standards of Professional Appraisal Practice, as
                developed by the Appraisal Standards Board of the Appraisal
                Foundation; and
                    ``(ii) the qualifications of the appraisers to value
                the type of collateral offered.
            ``(7) Repayment of credit risk premiums.--The Secretary shall
        return credit risk premiums paid, and interest accrued on such
        premiums, to the original source when all obligations of a loan or
        loan guarantee have been satisfied. This paragraph applies to any
        project that has been granted assistance under this section after
        the date of enactment of the Surface Transportation Investment Act
        of 2021.'';
            (6) in subsection (g), by amending paragraph (1) the read as
        follows:
            ``(1) repayment of the obligation is required to be made within
        a term that is not longer than the shorter of--
                ``(A) 75 years after the date of substantial completion of
            the project;
                ``(B) the estimated useful life of the rail equipment or
            facilities to be acquired, rehabilitated, improved, developed,
            or established, subject to an adequate determination of long-
            term risk; or
                ``(C) for projects determined to have an estimated useful
            life that is longer than 35 years, the period that is equal to
            the sum of--
                    ``(i) 35 years; and
                    ``(ii) the product of--

                        ``(I) the difference between the estimated useful
                    life and 35 years; multiplied by
                        ``(II) 75 percent.'';

            (7) in subsection (h)--
                (A) in paragraph (3)--
                    (i) in subparagraph (A)--

                        (I) by striking ``of title 49, United States
                    Code'';
                        (II) by striking ``the National Railroad Passenger
                    Corporation'' and inserting ``Amtrak''; and
                        (III) by striking ``of that title''; and

                    (ii) in subparagraph (B), by striking ``section 504 of
                this Act'' and inserting ``section 22404''; and
                (B) in paragraph (4), by striking ``(b)(1)(E)'' and
            inserting ``(b)(1)(F)'';
            (8) in subsection (i)--
                (A) by amending paragraph (4) to read as follows:
            ``(4) Streamlined application review process.--
                ``(A) In general.--Not later than 180 days after the date
            of enactment of the Surface Transportation Investment Act of
            2021, the Secretary shall implement procedures and measures to
            economize and make available an streamlined application process
            or processes at the request of applicants seeking loans or loan
            guarantees.
                ``(B) Criteria.--Applicants seeking loans and loan
            guarantees under this section shall--
                    ``(i) seek a total loan or loan guarantee value not
                exceeding $150,000,000;
                    ``(ii) meet eligible project purposes described in
                subparagraphs (A) and (B) of subsection (b)(1); and
                    ``(iii) meet other criteria considered appropriate by
                the Secretary, in consultation with the Council on Credit
                and Finance of the Department of Transportation.
                ``(C) Expedited credit review.--The total period between
            the submission of an application and the approval or
            disapproval of an application for a direct loan or loan
            guarantee under this paragraph may not exceed 90 days. If an
            application review conducted under this paragraph exceeds 90
            days, the Secretary shall--
                    ``(i) provide written notice to the applicant,
                including a justification for the delay and updated
                estimate of the time needed for approval or disapproval;
                and
                    ``(ii) publish the notice on the dashboard described in
                paragraph (5).'';
                (B) in paragraph (5)--
                    (i) in subparagraph (E), by striking ``and'' at the
                end;
                    (ii) in subparagraph (F), by adding ``; and'' at the
                end; and
                    (iii) by adding at the end the following:
                ``(G) whether the project utilized the streamlined
            application process under paragraph (4).''; and
                (C) by adding at the end the following:
            ``(6) Creditworthiness review status.--
                ``(A) In general.--The Secretary shall maintain status
            information related to each application for a loan or loan
            guarantee, which shall be provided to the applicant upon
            request, including--
                    ``(i) the total value of the proposed loan or loan
                guarantee;
                    ``(ii) the name of the applicant or applicants
                submitting the application;
                    ``(iii) the proposed capital structure of the project
                to which the loan or loan guarantee would be applied,
                including the proposed Federal and non-Federal shares of
                the total project cost;
                    ``(iv) the type of activity to receive credit
                assistance, including whether the project is new
                construction, the rehabilitation of existing rail equipment
                or facilities, or the refinancing an existing loan or loan
                guarantee;
                    ``(v) if a deferred payment is proposed, the length of
                such deferment;
                    ``(vi) the credit rating or ratings provided for the
                applicant;
                    ``(vii) if other credit instruments are involved, the
                proposed subordination relationship and a description of
                such other credit instruments;
                    ``(viii) a schedule for the readiness of proposed
                investments for financing;
                    ``(ix) a description of any Federal permits required,
                including under the National Environmental Policy Act of
                1969 (42 U.S.C. 4321 et seq.) and any waivers under section
                5323(j) (commonly known as the `Buy America Act');
                    ``(x) other characteristics of the proposed activity to
                be financed, borrower, key agreements, or the nature of the
                credit that the Secretary considers to be fundamental to
                the creditworthiness review;
                    ``(xi) the status of the application in the pre-
                application review and selection process;
                    ``(xii) the cumulative amounts paid by the Secretary to
                outside advisors related to the application, including
                financial and legal advisors;
                    ``(xiii) a description of the key rating factors used
                by the Secretary to determine credit risk, including--

                        ``(I) the factors used to determine risk for the
                    proposed application;
                        ``(II) an adjectival risk rating for each
                    identified factor, ranked as either low, moderate, or
                    high;

                    ``(xiv) a nonbinding estimate of the credit risk
                premium, which may be in the form of--

                        ``(I) a range, based on the assessment of risk
                    factors described in clause (xiii); or
                        ``(II) a justification for why the estimate of the
                    credit risk premium cannot be determined based on
                    available information; and

                    ``(xv) a description of the key information the
                Secretary needs from the applicant to complete the credit
                review process and make a final determination of the credit
                risk premium.
                ``(B) Report upon request.--The Secretary shall provide the
            information described in subparagraph (A) not later than 30
            days after a request from the applicant.
                ``(C) Exception.--Applications processed using the
            streamlined application review process under paragraph (4) are
            not subject to the requirements under this paragraph.'';
            (9) in subsection (l)(2)(A)(iii), by striking ``under this
        title'' and inserting ``under this chapter'';
            (10) in subsection (m)(1), by striking ``under this title'' and
        inserting ``under this chapter''; and
            (11) by adding at the end the following:
        ``(n) Non-Federal Share.--The proceeds of a loan provided under
    this section may be used as the non-Federal share of project costs for
    any grant program administered by the Secretary if such loan is
    repayable from non-Federal funds.''.
        (e) Administration of Direct Loans and Loan Guarantees.--Section
    22403 of title 49, United States Code, as added by subsection (a)(2),
    and amended by subsection (a)(5), is further amended--
            (1) in subsection (a)--
                (A) by striking ``The Secretary shall'' and inserting the
            following:
            ``(1) In general.--The Secretary shall'';
                (B) in paragraph (1), as designated by subparagraph (A), by
            striking ``section 502'' and inserting ``section 22402''; and
                (C) by adding at the end the following:
            ``(2) Documentation.--An applicant meeting the size standard
        for small business concerns established under section 3(a)(2) of
        the Small Business Act (15 U.S.C. 632(a)(2)) may provide unaudited
        financial statements as documentation of historical financial
        information if such statements are accompanied by the applicant's
        Federal tax returns and Internal Revenue Service tax verifications
        for the corresponding years.'';
            (2) in subsection (d)(3), by striking ``section 502(f)'' and
        inserting ``section 22402(f)'';
            (3) in subsection (l)(3)(B), by striking ``serving a direct
        loan'' and inserting ``servicing a direct loan''; and
            (4) in each of subsections (b) through (m), as applicable--
                (A) by striking ``section 502'' each place it appears and
            inserting ``section 22402''; and
                (B) by striking ``this title'' each place it appears and
            inserting ``this chapter''.
        (f) Employee Protection.--Section 22404 of title 49, United States
    Code, as added by subsection (a)(2), and amended by subsection (a)(6),
    is further amended--
            (1) in subsection (a)--
                (A) by striking ``not otherwise protected under title V of
            the Regional Rail Reorganization Act of 1973 (45 U.S.C. 771 et
            seq.),'';
                (B) by striking ``under this title'' and inserting ``under
            this chapter'';
                (C) by striking ``within 120 days after the date of
            enactment of this title'' and inserting ``not later than 120
            days after February 5, 1976''; and
                (D) by striking ``within 150 days after the date of
            enactment of this title'' and inserting ``not later than 150
            days after February 5, 1976'';
            (2) in subsection (b)--
                (A) in the matter preceding paragraph (1)--
                    (i) by striking ``applicable financial assistance under
                this title'' and inserting ``applicable financial
                assistance under this chapter''; and
                    (ii) by striking ``from financial assistance under this
                title'' and inserting ``from financial assistance under
                this chapter'';
                (B) in paragraph (3), by striking ``under this title'' and
            inserting ``under this chapter''; and
                (C) in paragraph (4), by striking ``to this title'' and
            inserting ``to this chapter''; and
            (3) in subsection (c), by striking ``to this title'' and
        inserting ``to this chapter''.
        (g) Substantive Criteria and Standards.--Chapter 224 of title 49,
    United States Code, as added by subsection (a), and amended by
    subsections (c) through (f), is further amended by adding at the end
    the following:
    ``Sec. 22405. Substantive criteria and standards
        ``The Secretary shall--
            ``(1) publish in the Federal Register and post on a website of
        the Department of Transportation the substantive criteria and
        standards used by the Secretary to determine whether to approve or
        disapprove applications submitted under section 22402; and
            ``(2) ensure that adequate procedures and guidelines are in
        place to permit the filing of complete applications not later than
        30 days after the publication referred to in paragraph (1).''.
        (h) Authorization of Appropriations.--Chapter 224 of title 49,
    United States Code, as added by subsection (a), and amended by
    subsections (c) through (g), is further amended by adding at the end
    the following:
    ``Sec. 22406. Authorization of appropriations.
        ``(a) Authorization.--
            ``(1) In general.--There is authorized to be appropriated for
        credit assistance under this chapter, which shall be provided at
        the discretion of the Secretary, $50,000,000 for each of fiscal
        years 2022 through 2026.
            ``(2) Refund of premium.--There is authorized to be
        appropriated to the Secretary $70,000,000 to repay the credit risk
        premium in accordance with section 22402(f)(5).
            ``(3) Availability.--Amounts appropriated pursuant to this
        subsection shall remain available until expended.
        ``(b) Use of Funds.--
            ``(1) In general.--Credit assistance provided under subsection
        (a) may not exceed $20,000,000 for any loan or loan guarantee.
            ``(2) Administrative costs.--Not less than 3 percent of the
        amounts appropriated pursuant to subsection (a) in each fiscal year
        shall be made available to the Secretary for use in place of
        charges collected under section 22403(l)(1) for passenger railroads
        and freight railroads other than Class I carriers.
            ``(3) Short line set-aside.--Not less than 50 percent of the
        amounts appropriated pursuant to subsection (a)(1) for each fiscal
        year shall be set aside for freight railroads other than Class I
        carriers.''.
        (i) Clerical Amendment.--The analysis for title 49, United States
    Code, is amended by inserting after the item relating to chapter 223
    the following:
    ``224 . Railroad rehabilitation and improvement financing.......22401''.

        (j) Technical and Conforming Amendments.--
            (1) National trails system act.--Section 8(d) of the National
        Trails System Act (16 U.S.C. 1247(d)) is amended by inserting ``(45
        U.S.C. 801 et seq.) and chapter 224 of title 49, United States
        Code'' after ``1976''.
            (2) Passenger rail reform and investment act.--Section 11315(c)
        of the Passenger Rail Reform and Investment Act of 2015 (23 U.S.C.
        322 note; Public Law 114-94) is amended by striking ``sections 502
        and 503 of the Railroad Revitalization and Regulatory Reform Act of
        1976'' and inserting ``sections 22402 and 22403 of title 49, United
        States Code''.
            (3) Provisions classified in title 45, united states code.--
                (A) Railroad revitalization and regulatory reform act of
            1976.--Section 101 of the Railroad Revitalization and
            Regulatory Reform Act of 1976 (45 U.S.C. 801) is amended--
                    (i) in subsection (a), in the matter preceding
                paragraph (1), by striking ``It is the purpose of the
                Congress in this Act to'' and inserting ``The purpose of
                this Act and chapter 224 of title 49, United States Code,
                is to''; and
                    (ii) in subsection (b), in the matter preceding
                paragraph (1), by striking ``It is declared to be the
                policy of the Congress in this Act'' and inserting ``The
                policy of this Act and chapter 224 of title 49, United
                States Code, is''.
                (B) Railroad infrastructure financing improvement act.--The
            Railroad Infrastructure Financing Improvement Act (subtitle F
            of title XI of Public Law 114-94) is amended--
                    (i) in section 11607(b) (45 U.S.C. 821 note), by
                striking ``All provisions under sections 502 through 504 of
                the Railroad Revitalization and Regulatory Reform Act of
                1976 (45 U.S.C. 801 et seq.)'' and inserting ``All
                provisions under section 22402 through 22404 of title 49,
                United States Code,''; and
                    (ii) in section 11610(b) (45 U.S.C. 821 note), by
                striking ``section 502(f) of the Railroad Revitalization
                and Regulatory Reform Act of 1976 (45 U.S.C. 822(f)), as
                amended by section 11607 of this Act'' and inserting
                ``section 22402(f) of title 49, United States Code''.
                (C) Transportation equity act for the 21st century.--
            Section 7203(b)(2) of the Transportation Equity Act for the
            21st Century (Public Law 105-178; 45 U.S.C. 821 note) is
            amended by striking ``title V of the Railroad Revitalization
            and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)'' and
            inserting ``chapter 224 of title 49, United States Code,''.
                (D) Hamm alert maritime safety act of 2018.--Section
            212(d)(1) of Hamm Alert Maritime Safety Act of 2018 (title II
            of Public Law 115-265; 45 U.S.C. 822 note) is amended, in the
            matter preceding subparagraph (A), by striking ``for purposes
            of section 502(f)(4) of the Railroad Revitalization and
            Regulatory Reform Act of 1976 (45 U.S.C. 822(f)(4))'' and
            inserting ``for purposes of section 22402 of title 49, United
            States Code''.
                (E) Milwaukee railroad restructuring act.--Section 15(f) of
            the Milwaukee Railroad Restructuring Act (45 U.S.C. 914(f)) is
            amended by striking ``Section 516 of the Railroad
            Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
            836)'' and inserting ``Section 22404 of title 49, United States
            Code,''.
                (F) Rock island railroad transition and employee assistance
            act.--Section 104(b) of the Rock Island Railroad Transition and
            Employee Assistance Act (45 U.S.C. 1003(b)) is amended--
                    (i) in paragraph (1)--

                        (I) by striking ``title V of the Railroad
                    Revitalization and Regulatory Reform Act of 1976 (45
                    U.S.C. 821 et seq.)'' and inserting ``chapter 224 of
                    title 49, United States Code,''; and
                        (II) by striking ``and section 18(b) of the
                    Milwaukee Railroad Restructuring Act''; and

                    (ii) in paragraph (2), by striking ``title V of the
                Railroad Revitalization and Regulatory Reform Act of 1976,
                and section 516 of such Act (45 U.S.C. 836)'' and inserting
                ``chapter 224 of title 49, United States Code, including
                section 22404 of such title,''.
            (4) Title 49.--
                (A) National surface transportation and innovative finance
            bureau.--Section 116(d)(1)(B) of title 49, United States Code,
            is amended by striking ``sections 501 through 503 of the
            Railroad Revitalization and Regulatory Reform Act of 1976 (45
            U.S.C. 821-823)'' and inserting ``sections 22401 through
            22403''.
                (B) Prohibited discrimination.--Section 306(b) of title 49,
            United States Code, is amended--
                    (i) by striking ``chapter 221 or 249 of this title,''
                and inserting ``chapter 221, 224, or 249 of this title,
                or''; and
                    (ii) by striking ``, or title V of the Railroad
                Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
                821 et seq.)''.
                (C) Passenger rail reform and investment act of 2015.--
            Section 11311(d) of the Passenger Rail Reform and Investment
            Act of 2015 (Public Law 114-94; 49 U.S.C. 20101 note) is
            amended by striking ``, and section 502 of the Railroad
            Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
            822)''.
                (D) Grant conditions.--Section 22905(c)(2)(B) of title 49,
            United States Code, is amended by striking ``section 504 of the
            Railroad Revitalization and Regulatory Reform Act of 1976 (45
            U.S.C. 836)'' and inserting ``section 22404''.
                (E) Passenger rail investment and improvement act of
            2008.--Section 205(g) of the Passenger Rail Investment and
            Improvement Act of 2008 (division B of Public Law 110-432; 49
            U.S.C. 24101 note) is amended by striking ``title V of the
            Railroad Revitalization and Regulatory Reform Act of 1976 (45
            U.S.C. 821 et seq.)'' and inserting ``chapter 224 of title 49,
            United States Code''.
                (F) Amtrak authority.--Section 24903 of title 49, United
            States Code, is amended--
                    (i) in subsection (a)(6), by striking ``and the
                Railroad Revitalization and Regulatory Reform Act of 1976
                (45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad
                Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
                801 et seq.), and chapter 224 of this title''; and
                    (ii) in subsection (c)(2), by striking ``and the
                Railroad Revitalization and Regulatory Reform Act of 1976
                (45 U.S.C. 801 et seq.)'' and inserting ``, the Railroad
                Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
                801 et seq.), and chapter 224 of this title''.
    SEC. 21302. SUBSTANTIVE CRITERIA AND STANDARDS.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall update the publicly available credit program guide
    in accordance with the provisions of chapter 224 of title 49, United
    States Code, as added by section 21301.
    SEC. 21303. SEMIANNUAL REPORT ON TRANSIT-ORIENTED DEVELOPMENT
    ELIGIBILITY.
        Not later than 6 months after the date of enactment of this Act,
    and every 6 months thereafter, the Secretary shall submit a report to
    the Committee on Commerce, Science, and Transportation of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives that identifies--
            (1) the number of applications submitted to the Department for
        a direct loan or loan guarantee under section 22402(b)(1)(E) of
        title 49, United States Code, as amended by section 21301;
            (2) the number of such loans or loan guarantees that were
        provided to the applicants; and
            (3) for each such application, the reasons for providing or
        declining to provide the requested loan or loan guarantee.

                                 TITLE II--RAIL

    SEC. 22001. SHORT TITLE.
        This title may be cited as the ``Passenger Rail Expansion and Rail
    Safety Act of 2021''.

                  Subtitle A--Authorization of Appropriations

    SEC. 22101. GRANTS TO AMTRAK.
        (a) Northeast Corridor.--There are authorized to be appropriated to
    the Secretary for grants to Amtrak for activities associated with the
    Northeast Corridor the following amounts:
            (1) For fiscal year 2022, $1,570,000,000.
            (2) For fiscal year 2023, $1,100,000,000.
            (3) For fiscal year 2024, $1,200,000,000.
            (4) For fiscal year 2025, $1,300,000,000.
            (5) For fiscal year 2026, $1,400,000,000.
        (b) National Network.--There are authorized to be appropriated to
    the Secretary for grants to Amtrak for activities associated with the
    National Network the following amounts:
            (1) For fiscal year 2022, $2,300,000,000.
            (2) For fiscal year 2023, $2,200,000,000.
            (3) For fiscal year 2024, $2,450,000,000.
            (4) For fiscal year 2025, $2,700,000,000.
            (5) For fiscal year 2026, $3,000,000,000.
        (c) Oversight.--The Secretary may withhold up to 0.5 percent from
    the amount appropriated for each fiscal year pursuant to subsections
    (a) and (b) for the costs of oversight of Amtrak.
        (d) State-Supported Route Committee.--The Secretary may withhold up
    to $3,000,000 from the amount appropriated for each fiscal year
    pursuant to subsection (b) for use by the State-Supported Route
    Committee established under section 24712(a) of title 49, United States
    Code.
        (e) Northeast Corridor Commission.--The Secretary may withhold up
    to $6,000,000 from the amount appropriated for each fiscal year
    pursuant to subsection (a) for use by the Northeast Corridor Commission
    established under section 24905(a) of title 49, United States Code.
        (f) Interstate Rail Compacts.--The Secretary may withhold up to
    $3,000,000 from the amount appropriated for each fiscal year pursuant
    to subsection (b) for grants authorized under section 22910 of title
    49, United States Code.
        (g) Accessibility Upgrades.--
            (1) In general.--The Secretary shall withhold $50,000,000 from
        the amount appropriated for each fiscal year pursuant to
        subsections (a) and (b) for grants to assist Amtrak in financing
        capital projects to upgrade the accessibility of the national rail
        passenger transportation system by increasing the number of
        existing facilities that are compliant with the requirements under
        the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et
        seq.) until the Secretary determines Amtrak's existing facilities
        are in compliance with such requirements.
            (2) Savings provision.--Nothing in paragraph (1) may be
        construed to prevent Amtrak from using additional funds
        appropriated pursuant to this section to carry out the activities
        authorized under such paragraph.
        (h) Corridor Development.--In addition to the activities authorized
    under subsection (b), Amtrak may use up to 10 percent of the amounts
    appropriated under subsection (b) in each fiscal year to support
    Amtrak-operated corridors selected under section 22306 for--
            (1) planning and capital costs; and
            (2) operating assistance consistent with the Federal funding
        limitations under section 22908 of title 49, United States Code.
    SEC. 22102. FEDERAL RAILROAD ADMINISTRATION.
        (a) Safety and Operations.--There are authorized to be appropriated
    to the Secretary for the operations of the Federal Railroad
    Administration and to carry out railroad safety activities the
    following amounts:
            (1) For fiscal year 2022, $248,000,000.
            (2) For fiscal year 2023, $254,000,000.
            (3) For fiscal year 2024, $263,000,000.
            (4) For fiscal year 2025, $271,000,000.
            (5) For fiscal year 2026, $279,000,000.
        (b) Railroad Research and Development.--There are authorized to be
    appropriated to the Secretary for the use of the Federal Railroad
    Administration for activities associated with railroad research and
    development the following amounts:
            (1) For fiscal year 2022, $43,000,000.
            (2) For fiscal year 2023, $44,000,000.
            (3) For fiscal year 2024, $45,000,000.
            (4) For fiscal year 2025, $46,000,000.
            (5) For fiscal year 2026, $47,000,000.
        (c) Transportation Technology Center.--The Secretary may withhold
    up to $3,000,000 from the amount appropriated for each fiscal year
    pursuant to subsection (b) for activities authorized under section
    20108(d) of title 49, United States Code.
        (d) Rail Research and Development Center of Excellence.--The
    Secretary may withhold up to 10 percent of the amount appropriated for
    each fiscal year under subsection (b) for grants authorized under
    section 20108(j) of title 49, United States Code.
    SEC. 22103. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
    GRANTS.
        (a) In General.--There is authorized to be appropriated to the
    Secretary for grants under section 22907 of title 49, United States
    Code, $1,000,000,000 for each of fiscal years 2022 through 2026.
        (b) Oversight.--The Secretary may withhold up to 2 percent from the
    amount appropriated for each fiscal year pursuant to subsection (a) for
    the costs of project management oversight of grants authorized under
    title 49, United States Code.
    SEC. 22104. RAILROAD CROSSING ELIMINATION PROGRAM.
        (a) In General.--There is authorized to be appropriated to the
    Secretary for grants under section 22909 of title 49, United States
    Code, as added by section 22305, $500,000,000 for each of fiscal years
    2022 through 2026.
        (b) Planning Projects.--Not less than 3 percent of the amount
    appropriated in each fiscal year pursuant to subsection (a) year shall
    be used for planning projects described in section 22909(d)(6) of title
    49, United States Code.
        (c) Highway-rail Grade Crossing Safety Information and Education
    Program.--Of the amount appropriated under subsection (a) in each
    fiscal year, 0.25 percent shall be used for contracts or grants to
    carry out a highway-rail grade crossing safety information and
    education program--
            (1) to help prevent and reduce pedestrian, motor vehicle, and
        other accidents, incidents, injuries, and fatalities; and
            (2) to improve awareness along railroad rights-of-way and at
        highway-rail grade crossings.
        (d) Oversight.--The Secretary may withhold up to 2 percent from the
    amount appropriated for each fiscal year pursuant to subsection (a) for
    the costs of project management oversight of grants authorized under
    title 49, United States Code.
    SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.
        (a) In General.--There is authorized to be appropriated to the
    Secretary for grants under section 22908 of title 49, United States
    Code, $50,000,000 for each of fiscal years 2022 through 2026.
        (b) Oversight.--The Secretary may withhold up to 1 percent of the
    amount appropriated for each fiscal year pursuant to subsection (a) for
    the costs of project management oversight of grants authorized under
    title 49, United States Code.
    SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
    GRANTS.
        (a) In General.--There is authorized to be appropriated to the
    Secretary for grants under section 24911 of title 49, United States
    Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
        (b) Oversight.--The Secretary may withhold up to 2 percent of the
    amount appropriated under subsection (a) for the costs of project
    management oversight of grants authorized under title 49, United States
    Code.
    SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.
        There are authorized to be appropriated to the Office of Inspector
    General of Amtrak the following amounts:
            (1) For fiscal year 2022, $26,500,000.
            (2) For fiscal year 2023, $27,000,000.
            (3) For fiscal year 2024, $27,500,000.
            (4) For fiscal year 2025, $28,000,000.
            (5) For fiscal year 2026, $28,500,000.

                           Subtitle B--Amtrak Reforms

    SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.
        (a) Findings.--Section 24101(a) of title 49, United States Code, is
    amended--
            (1) in paragraph (1), by striking ``between crowded urban areas
        and in other areas of'' and inserting ``throughout'';
            (2) in paragraph (4), by striking ``to Amtrak to achieve a
        performance level sufficient to justify expending public money''
        and inserting ``in order to meet the intercity passenger rail needs
        of the United States'';
            (3) in paragraph (5)--
                (A) by inserting ``intercity passenger and'' before
            ``commuter''; and
                (B) by inserting ``and rural'' after ``major urban;'' and
            (4) by adding at the end the following:
        ``(9) Long-distance routes are valuable resources of the United
    States that are used by rural and urban communities.''.
        (b) Goals.--Section 24101(c) of title 49, United States Code, is
    amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) use its best business judgment in acting to maximize the
        benefits of Federal investments, including--
                ``(A) offering competitive fares;
                ``(B) increasing revenue from the transportation of mail
            and express;
                ``(C) offering food service that meets the needs of its
            customers;
                ``(D) improving its contracts with rail carriers over whose
            tracks Amtrak operates;
                ``(E) controlling or reducing management and operating
            costs; and
                ``(F) providing economic benefits to the communities it
            serves;'';
            (2) in paragraph (11), by striking ``and'' at the end;
            (3) in paragraph (12), by striking the period at the end and
        inserting ``; and''; and
            (4) by adding at the end the following:
            ``(13) support and maintain established long-distance routes to
        provide value to the Nation by serving customers throughout the
        United States and connecting urban and rural communities.''.
        (c) Increasing Revenues.--Section 24101(d) of title 49, United
    States Code, is amended to read as follows:
        ``(d) Increasing Revenues.--Amtrak is encouraged to make agreements
    with private sector entities and to undertake initiatives that are
    consistent with good business judgment and designed to generate
    additional revenues to advance the goals described in subsection
    (c).''.
    SEC. 22202. COMPOSITION OF AMTRAK'S BOARD OF DIRECTORS.
        (a) Selection; Composition; Chair.--Section 24302(a) of title 49,
    United States Code, is amended--
            (1) in paragraph (1)--
                (A) in subparagraph (B), by striking ``President'' and
            inserting ``Chief Executive Officer''; and
                (B) in subparagraph (C), by inserting ``, at least 1 of
            whom shall be an individual with a disability (as defined in
            section 3 of the Americans with Disabilities Act of 1990 (42
            U.S.C. 12102)) who has a demonstrated history of, or experience
            with, accessibility, mobility, and inclusive transportation in
            passenger rail or commuter rail'' before the period at the end;
            (2) in paragraph (2), by striking ``and try to provide adequate
        and balanced representation of the major geographic regions of the
        United States served by Amtrak'';
            (3) by redesignating paragraph (5) as paragraph (7); and
            (4) by striking paragraph (4) and inserting the following:
            ``(4) Of the individuals appointed pursuant to paragraph
        (1)(C)--
                ``(A) 2 individuals shall reside in or near a location
            served by a regularly scheduled Amtrak service along the
            Northeast Corridor;
                ``(B) 4 individuals shall reside in or near regions of the
            United States that are geographically distributed outside of
            the Northeast Corridor, of whom--
                    ``(i) 2 individuals shall reside in States served by a
                long-distance route operated by Amtrak;
                    ``(ii) 2 individuals shall reside in States served by a
                State-supported route operated by Amtrak; and
                    ``(iii) an individual who resides in a State that is
                served by a State-supported route and a long-distance route
                may be appointed to serve either position referred to in
                clauses (i) and (ii);
                ``(C) 2 individuals shall reside either--
                    ``(i) in or near a location served by a regularly
                scheduled Amtrak service on the Northeast Corridor; or
                    ``(ii) in a State served by long-distance or a State-
                supported route; and
                ``(D) each individual appointed to the Board pursuant to
            this paragraph may only fill 1 of the allocations set forth in
            subparagraphs (A) through (C).
            ``(5) The Board shall elect a chairperson and vice chairperson,
        other than the Chief Executive Officer of Amtrak, from among its
        membership. The vice chairperson shall act as chairperson in the
        absence of the chairperson.
            ``(6) The Board shall meet at least annually with--
                ``(A) representatives of Amtrak employees;
                ``(B) representatives of persons with disabilities; and
                ``(C) the general public, in an open meeting with a virtual
            attendance option, to discuss financial performance and service
            results.''.
        (b) Rule of Construction.--None of the amendments made by
    subsection (a) may be construed as affecting the term of any director
    serving on the Amtrak Board of Directors under section 24302(a)(1)(C)
    of title 49, United States Code, as of the date of enactment of this
    Act.
    SEC. 22203. STATION AGENTS.
        Section 24312 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(c) Availability of Station Agents.--
            ``(1) In general.--Except as provided in paragraph (2),
        beginning on the date that is 1 year after the date of enactment of
        the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak
        shall ensure that at least 1 Amtrak ticket agent is employed at
        each station building--
                ``(A) that Amtrak owns, or operates service through, as
            part of a long-distance or Northeast Corridor passenger service
            route;
                ``(B) where at least 1 Amtrak ticket agent was employed on
            or after October 1, 2017; and
                ``(C) for which an average of 40 passengers boarded or
            deboarded an Amtrak train per day during all of the days in
            fiscal year 2017 when the station was serviced by Amtrak,
            regardless of the number of Amtrak trains servicing the station
            per day.
            ``(2) Exception.--Paragraph (1) shall not apply to any station
        building in which a commuter rail ticket agent has the authority to
        sell Amtrak tickets.''.
    SEC. 22204. INCREASING OVERSIGHT OF CHANGES TO AMTRAK LONG-DISTANCE
    ROUTES AND OTHER INTERCITY SERVICES.
        (a) Amtrak Annual Operations Report.--Section 24315(a)(1) of title
    49, United States Code, is amended--
            (1) in subparagraph (G), by striking ``and'' at the end;
            (2) in subparagraph (H), by adding ``and'' at the end; and
            (3) by adding at the end the following:
                ``(I) any change made to a route's or service's frequency
            or station stops;''.
        (b) 5-year Business Line Plans.--Section 24320(b)(2) of title 49,
    United States Code, is amended--
            (1) by redesignating subparagraphs (B) through (L) as
        subparagraphs (C) through (M), respectively; and
            (2) by inserting after subparagraph (A) the following:
                ``(B) a detailed description of any plans to permanently
            change a route's or service's frequency or station stops for
            the service line;''.
    SEC. 22205. IMPROVED OVERSIGHT OF AMTRAK ACCOUNTING.
        Section 24317 of title 49, United States Code, is amended--
            (1) in subsection (a)(2), by striking ``and costs among Amtrak
        business lines'' and inserting ``, including Federal grant funds,
        and costs among Amtrak service lines'';
            (2) by amending subsection (b) to read as follows:
        ``(b) Account Structure.--
            ``(1) In general.--The Secretary of Transportation, in
        consultation with Amtrak, shall define, maintain, and periodically
        update an account structure and improvements to accounting
        methodologies, as necessary, to support the Northeast Corridor and
        the National Network.
            ``(2) Notification of substantive changes.--The Secretary shall
        notify the Committee on Commerce, Science, and Transportation of
        the Senate, the Committee on Appropriations of the Senate, the
        Committee on Transportation and Infrastructure of the House of
        Representatives, and the Committee on Appropriations of the House
        of Representatives regarding any substantive changes made to the
        account structure, including changes to--
                ``(A) the service lines described in section 24320(b)(1);
            and
                ``(B) the asset lines described in section 24320(c)(1).'';
            (3) in subsection (c), in the matter preceding paragraph (1),
        by inserting ``, maintaining, and updating'' after ``defining'';
            (4) in subsection (d), in the matter preceding paragraph (1),
        by inserting ``, maintaining, and updating'' after ``defining'';
            (5) by amending subsection (e) to read as follows:
        ``(e) Implementation and Reporting.--
            ``(1) In general.--Amtrak, in consultation with the Secretary
        of Transportation, shall maintain and implement any account
        structures and improvements defined under subsection (b) to enable
        Amtrak to produce sources and uses statements for each of the
        service lines described in section 24320(b)(1) and, as appropriate,
        each of the asset lines described in section 24320(c)(1), that
        identify sources and uses of revenues, appropriations, and
        transfers between accounts.
            ``(2) Updated sources and uses statements.--Not later than 30
        days after the implementation of subsection (b), and monthly
        thereafter, Amtrak shall submit to the Secretary of Transportation
        updated sources and uses statements for each of the service lines
        and asset lines referred to in paragraph (1). The Secretary and
        Amtrak may agree to a different frequency of reporting.'';
            (6) by striking subsection (h); and
            (7) by redesignating subsection (i) as subsection (h).
    SEC. 22206. IMPROVED OVERSIGHT OF AMTRAK SPENDING.
        (a) Allocation of Costs and Revenues.--Section 24318(a) of title
    49, United States Code, is amended by striking ``Not later than 180
    days after the date of enactment of the Passenger Rail Reform and
    Investment Act of 2015,''.
        (b) Grant Process and Reporting.--Section 24319 of title 49, United
    States Code, is amended--
            (1) in the section heading, by inserting ``and reporting''
        after ``process'';
            (2) by amending subsection (a) to read as follows:
        ``(a) Procedures for Grant Requests.--The Secretary of
    Transportation shall--
            ``(1) establish and maintain substantive and procedural
        requirements, including schedules, for grant requests under this
        section; and
            ``(2) report any changes to such procedures to--
                ``(A) the Committee on Commerce, Science, and
            Transportation of the Senate;
                ``(B) the Committee on Appropriations of the Senate;
                ``(C) the Committee on Transportation and Infrastructure of
            the House of Representatives; and
                ``(D) the Committee on Appropriations of the House of
            Representatives.'';
            (3) in subsection (b), by striking ``grant requests'' and
        inserting ``a grant request annually, or as additionally
        required,'';
            (4) by amending subsection (c) to read as follows:
        ``(c) Contents.--
            ``(1) In general.--Each grant request under subsection (b)
        shall, as applicable--
                ``(A) categorize and identify, by source, the Federal funds
            and program income that will be used for the upcoming fiscal
            year for each of the Northeast Corridor and National Network in
            1 of the categories or subcategories set forth in paragraph
            (2);
                ``(B) describe the operations, services, programs,
            projects, and other activities to be funded within each of the
            categories set forth in paragraph (2), including--
                    ``(i) the estimated scope, schedule, and budget
                necessary to complete each project and program; and
                    ``(ii) the performance measures used to quantify
                expected and actual project outcomes and benefits,
                aggregated by fiscal year, project milestone, and any other
                appropriate grouping; and
                ``(C) describe the status of efforts to improve Amtrak's
            safety culture.
            ``(2) Grant categories.--
                ``(A) Operating expenses.--Each grant request to use
            Federal funds for operating expenses shall--
                    ``(i) include estimated net operating costs not covered
                by other Amtrak revenue sources;
                    ``(ii) specify Federal funding requested for each
                service line described in section 24320(b)(1); and
                    ``(iii) be itemized by route.
                ``(B) Debt service.--A grant request to use Federal funds
            for expenses related to debt, including payment of principle
            and interest, as allowed under section 205 of the Passenger
            Rail Investment and Improvement Act of 2008 (Public Law 110-
            432; 49 U.S.C. 24101 note).
                ``(C) Capital.--A grant request to use Federal funds and
            program income for capital expenses shall include capital
            projects and programs primarily associated with--
                    ``(i) normalized capital replacement programs,
                including regularly recurring work programs implemented on
                a systematic basis on classes of physical railroad assets,
                such as track, structures, electric traction and power
                systems, rolling stock, and communications and signal
                systems, to maintain and sustain the condition and
                performance of such assets to support continued railroad
                operations;
                    ``(ii) improvement projects to support service and
                safety enhancements, including discrete projects
                implemented in accordance with a fixed scope, schedule, and
                budget that result in enhanced or new infrastructure,
                equipment, or facilities;
                    ``(iii) backlog capital replacement projects, including
                discrete projects implemented in accordance with a fixed
                scope, schedule, and budget that primarily replace or
                rehabilitate major infrastructure assets, including
                tunnels, bridges, stations, and similar assets, to reduce
                the state of good repair backlog on the Amtrak network;
                    ``(iv) strategic initiative projects, including
                discrete projects implemented in accordance with a fixed
                scope, schedule, and budget that primarily improve overall
                operational performance, lower costs, or otherwise improve
                Amtrak's corporate efficiency; and
                    ``(v) statutory, regulatory, or other legally mandated
                projects, including discrete projects implemented in
                accordance with a fixed scope, schedule, and budget that
                enable Amtrak to fulfill specific legal or regulatory
                mandates.
                ``(D) Contingency.--A grant request to use Federal funds
            for operating and capital expense contingency shall include--
                    ``(i) contingency levels for specified activities and
                operations; and
                    ``(ii) a process for the utilization of such
                contingency.
            ``(3) Modification of categories.--The Secretary of
        Transportation and Amtrak may jointly agree to modify the
        categories set forth in paragraph (2) if such modifications are
        necessary to improve the transparency, oversight, or delivery of
        projects funded through grant requests under this section.'';
            (5) in subsection (d)(1)(A)--
                (A) by inserting ``complete'' after ``submits a'';
                (B) by striking ``shall complete'' and inserting ``shall
            finish''; and
                (C) in clause (ii), by striking ``incomplete or'';
            (6) in subsection (e)--
                (A) in paragraph (1)--
                    (i) by striking ``and other activities to be funded by
                the grant'' and inserting ``programs, projects, and other
                activities to be funded by the grant, consistent with the
                categories required for Amtrak in a grant request under
                subsection (c)(1)(A)''; and
                    (ii) by striking ``or activities'' and inserting
                ``programs, projects, and other activities''; and
                (B) in paragraph (3)--
                    (i) by redesignating subparagraphs (A) and (B) as
                subparagraphs (B) and (C), respectively; and
                    (ii) by inserting before subparagraph (B), as
                redesignated, the following:
                ``(A) using an otherwise allowable approach to the method
            prescribed for a specific project or category of projects under
            paragraph (2) if the Secretary and Amtrak agree that a
            different payment method is necessary to more successfully
            implement and report on an operation, service, program,
            project, or other activity;'';
            (7) by redesignating subsection (h) as subsection (j); and
            (8) by inserting after subsection (g) the following:
        ``(h) Applicable Laws and Regulations.--
            ``(1) Single audit act of 1984.--Notwithstanding section
        24301(a)(3) of this title and section 7501(a)(13) of title 31,
        Amtrak shall be deemed a `non-Federal entity' for purposes of
        chapter 75 of title 31.
            ``(2) Regulations and guidance.--The Secretary of
        Transportation may apply some or all of the requirements set forth
        in the regulations and guidance promulgated by the Secretary
        relating to the management, administration, cost principles, and
        audit requirements for Federal awards.
        ``(i) Amtrak Grant Reporting.--The Secretary of Transportation
    shall determine the varying levels of detail and information that will
    be included in reports for operations, services, program, projects,
    program income, cash on hand, and other activities within each of the
    grant categories described in subsection (c)(2).''.
        (c) Conforming Amendments.--
            (1) Reports and audits.--Section 24315(b)(1) of title 49,
        United States Code, is amended--
                (A) in subparagraph (A), by striking ``the goal of section
            24902(b) of this title; and'' and inserting ``the goal
            described in section 24902(a);'';
                (B) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (C) by adding at the end the following:
                ``(C) shall incorporate the category described in section
            24319(c)(2)(C).''.
            (2) Clerical amendment.--The analysis for chapter 243 of title
        49, United States Code, is amended by striking the item relating to
        section 24319 and inserting the following:
    ``24319. Grant process and reporting.''.
    SEC. 22207. INCREASING SERVICE LINE AND ASSET LINE PLAN TRANSPARENCY.
        (a) In General.--Section 24320 of title 49, United States Code, is
    amended--
            (1) in the section heading, by striking ``business line and
        asset plans'' and inserting ``service line and asset line plans'';
            (2) in subsection (a)--
                (A) in paragraph (1)--
                    (i) by striking ``of each year'' and inserting ``,
                2020, and biennially thereafter'';
                    (ii) by striking ``5-year business line plans and 5-
                year asset plans'' and inserting ``5-year service line
                plans and 5-year asset line plans''; and
                    (iii) by adding at the end the following: ``During each
                year in which Amtrak is not required to submit a plan under
                this paragraph, Amtrak shall submit to Congress updated
                financial sources and uses statements and forecasts with
                the annual report required under section 24315(b).''; and
                (B) in paragraph (2), by striking ``asset plan required
            in'' and inserting ``asset line plan required under'';
            (3) in subsection (b)--
                (A) in the subsection heading, by striking ``Business'' and
            inserting ``Service'';
                (B) in paragraph (1)--
                    (i) in the paragraph heading, by striking ``business''
                and inserting ``service'';
                    (ii) by striking ``business'' each place such term
                appears and inserting ``service'';
                    (iii) by amending subparagraph (B) to read as follows:
                ``(B) Amtrak State-supported train services.'';
                    (iv) in subparagraph (C), by striking ``routes'' and
                inserting ``train services''; and
                    (v) by adding at the end the following:
                ``(E) Infrastructure access services for use of Amtrak-
            owned or Amtrak-controlled infrastructure and facilities.'';
                (C) in paragraph (2)--
                    (i) in the paragraph heading, by striking ``business''
                and inserting ``service'';
                    (ii) by striking ``business'' each place such term
                appears and inserting ``service'';
                    (iii) in subparagraph (A), by striking ``Strategic Plan
                and 5-year asset plans'' and inserting ``5-year asset line
                plans'';
                    (iv) in subparagraph (F) (as redesignated by section
                22204(b)(1)), by striking ``profit and loss'' and inserting
                ``sources and uses'';
                    (v) by striking subparagraph (G) (as redesignated by
                section 22204(b)(1));
                    (vi) by redesignating subparagraphs (H) through (M) (as
                redesignated by section 22204(b)(1)) as subparagraphs (G)
                through (L), respectively; and
                    (vii) by amending subparagraph (I) (as so redesignated)
                to read as follows:
                ``(I) financial performance for each route, if deemed
            applicable by the Secretary, within each service line,
            including descriptions of the cash operating loss or
            contribution;'';
                (D) in paragraph (3)--
                    (i) in the paragraph heading, by striking ``business''
                and inserting ``service'';
                    (ii) by striking ``business'' each place such term
                appears and inserting ``service'';
                    (iii) by redesignating subparagraphs (A), (B), (C), and
                (D) as clauses (i), (ii), (iii), and (iv), respectively,
                and moving such clauses 2 ems to the right;
                    (iv) by inserting before clause (i), as redesignated,
                the following:
                ``(A) not later than 180 days after the date of enactment
            of the Passenger Rail Expansion and Rail Safety Act of 2021,
            submit to the Secretary, for approval, a consultation process
            for the development of each service line plan that requires
            Amtrak to--'';
                    (v) in subparagraph (A), as amended by clause (iv)--

                        (I) in clause (iii), as redesignated, by inserting
                    ``and submit the final service line plan required under
                    subsection (a)(1) to the State-Supported Route
                    Committee'' before the semicolon at the end;
                        (II) in clause (iv), as redesignated, by inserting
                    ``and'' after the semicolon at the end; and
                        (III) by adding at the end the following:

                    ``(v) for the infrastructure access service line plan,
                consult with the Northeast Corridor Commission and other
                entities, as appropriate, and submit the final asset line
                plan under subsection (a)(1) to the Northeast Corridor
                Commission;''; and
                    (vi) by redesignating subparagraphs (E) and (F) as
                subparagraphs (B) and (C), respectively;
                (E) by redesignating paragraph (4) as paragraph (5); and
                (F) by inserting after paragraph (3)(C), as redesignated,
            the following:
            ``(4) 5-year service line plans updates.--Amtrak may modify the
        content to be included in the service line plans described in
        paragraph (1), upon the approval of the Secretary, if the Secretary
        determines that such modifications are necessary to improve the
        transparency, oversight, and delivery of Amtrak services and the
        use of Federal funds by Amtrak.''; and
            (4) in subsection (c)--
                (A) in the subsection heading, by inserting ``Line'' after
            ``Asset'';
                (B) in paragraph (1)--
                    (i) in the paragraph heading, by striking
                ``categories'' and inserting ``lines'';
                    (ii) in the matter preceding subparagraph (A), by
                striking ``asset plan for each of the following asset
                categories'' and inserting ``asset line plan for each of
                the following asset lines'';
                    (iii) by redesignating subparagraphs (A), (B), (C), and
                (D) as subparagraphs (B), (C), (D), and (E), respectively;
                    (iv) by inserting before subparagraph (B), as
                redesignated, the following:
                ``(A) Transportation, including activities and resources
            associated with the operation and movement of Amtrak trains,
            onboard services, and amenities.'';
                    (v) in subparagraph (B), as redesignated, by inserting
                ``and maintenance-of-way equipment'' after ``facilities'';
                and
                    (vi) in subparagraph (C), as redesignated, by striking
                ``Passenger rail equipment'' and inserting ``Equipment'';
                (C) in paragraph (2)--
                    (i) in the paragraph heading, by inserting ``line''
                after ``asset'';
                    (ii) in the matter preceding subparagraph (A), by
                inserting ``line'' after ``asset'';
                    (iii) in subparagraph (A), by striking ``category'' and
                inserting ``line'';
                    (iv) in subparagraph (C)(iii)(III), by striking ``and''
                at the end;
                    (v) by amending subparagraph (D) to read as follows:
                ``(D) annual sources and uses statements and forecasts for
            each asset line; and''; and
                    (vi) by adding at the end the following:
                ``(E) other elements that Amtrak elects to include.'';
                (D) in paragraph (3)--
                    (i) in the paragraph heading, by inserting ``line''
                after ``asset'';
                    (ii) by redesignating subparagraphs (A) and (B) as
                clauses (i) and (ii) and moving such clauses 2 ems to the
                right;
                    (iii) by inserting before clause (i), as redesignated,
                the following:
                ``(A) not later than 180 days after the date of enactment
            of the Passenger Rail Expansion and Rail Safety Act of 2021,
            submit to the Secretary, for approval, a consultation process
            for the development of each asset line plan that requires
            Amtrak to--'';
                    (iv) in subparagraph (A), as added by clause (iii)--

                        (I) in clause (i), as redesignated--

                            (aa) by striking ``business'' each place such
                        term appears and inserting ``service'';
                            (bb) by inserting ``line'' after ``asset'' each
                        place such term appears; and
                            (cc) by adding ``and'' at the end; and

                        (II) in clause (ii), as redesignated--

                            (aa) by inserting ``consult with the Secretary
                        of Transportation in the development of asset line
                        plans and,'' before ``as applicable''; and
                            (bb) by inserting ``line'' after ``5-year
                        asset'';
                    (v) by redesignating subparagraph (C) as subparagraph
                (B); and
                    (vi) in subparagraph (B), as redesignated, by striking
                ``category'' and inserting ``line'';
                (E) by redesignating paragraphs (4), (5), (6), and (7) as
            paragraphs (5), (6), (7), and (8), respectively;
                (F) by inserting after paragraph (3) the following:
            ``(4) 5-year asset line plan updates.--Amtrak may modify the
        content to be included in the asset line plans described in
        paragraph (1), on approval of the Secretary, if the Secretary
        determines that such modifications are necessary to improve the
        transparency, oversight, and delivery of Amtrak services and the
        use of Federal funds by Amtrak.'';
                (G) in paragraph (5)(A), as redesignated, by inserting ``,
            but shall not include corporate services (as defined pursuant
            to section 24317(b))'' after ``national assets''; and
                (H) in paragraph (7), as redesignated, by striking
            ``paragraph (4)'' and inserting ``paragraph (5)''.
        (b) Clerical Amendment.--The analysis for chapter 243 of title 49,
    United States Code, is amended by striking the item relating to section
    24320 and inserting the following:
    ``24320. Amtrak 5-year service line and asset line plans.''.

        (c) Effective Dates.--Section 11203(b) of the Passenger Rail Reform
    and Investment Act of 2015 (49 U.S.C. 24320 note) is amended--
            (1) by striking ``business'' each place such term appears and
        inserting ``service''; and
            (2) by inserting ``line'' after ``asset'' each place such term
        appears.
    SEC. 22208. PASSENGER EXPERIENCE ENHANCEMENT.
        (a) In General.--Section 24305(c)(4) of title 49, United States
    Code, is amended by striking ``only if revenues from the services each
    year at least equal the cost of providing the services''.
        (b) Food and Beverage Service Working Group.--
            (1) In general.--Section 24321 of title 49, United States Code,
        is amended to read as follows:
    ``Sec. 24321. Food and beverage service
        ``(a) Working Group.--
            ``(1) Establishment.--Not later than 180 days after enactment
        of the Passenger Rail Expansion and Rail Safety Act of 2021, Amtrak
        shall establish a working group to provide recommendations to
        improve Amtrak's onboard food and beverage service.
            ``(2) Membership.--The working group shall consist of
        individuals representing--
                ``(A) Amtrak;
                ``(B) the labor organizations representing Amtrak employees
            who prepare or provide on-board food and beverage service;
                ``(C) nonprofit organizations representing Amtrak
            passengers; and
                ``(D) States that are providing funding for State-supported
            routes.
        ``(b) Report.--Not later than 1 year after the establishment of the
    working group pursuant to subsection (a), the working group shall
    submit a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives containing
    recommendations for improving Amtrak's food and beverage service,
    including--
            ``(1) ways to improve the financial performance of Amtrak;
            ``(2) ways to increase and retain ridership;
            ``(3) the differing needs of passengers traveling on long-
        distance routes, State supported routes, and the Northeast
        Corridor;
            ``(4) Amtrak passenger survey data about the food and beverages
        offered on Amtrak trains;
            ``(5) ways to incorporate local food and beverage items on
        State-supported routes; and
            ``(6) any other issue that the working group determines to be
        appropriate.
        ``(c) Implementation.--Not later than 180 days after the submission
    of the report pursuant to subsection (b), Amtrak shall submit a plan
    for implementing the recommendations of the working group, and an
    explanation for any of the working group's recommendations it does not
    agree with and does not plan on implementing to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee
    on Transportation and Infrastructure of the House of Representatives.
        ``(d) Savings Clause.--Amtrak shall ensure that no Amtrak employee
    who held a position on a long-distance or Northeast Corridor route as
    of the date of enactment of the Passenger Rail Expansion and Rail
    Safety Act of 2021, is involuntarily separated because of the
    development and implementation of the plan required under this
    section.''.
            (2) Clerical amendment.--The analysis for chapter 243 of title
        49, United States Code, is amended by striking the item relating to
        section 24321 and inserting the following:
    ``24321. Food and beverage service.''.
    SEC. 22209. AMTRAK SMOKING POLICY.
        (a) In General.--Chapter 243 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 24323. Prohibition on smoking on Amtrak trains
        ``(a) Prohibition.--Beginning on the date of enactment of this
    section, Amtrak shall prohibit smoking, including the use of electronic
    cigarettes, onboard all Amtrak trains.
        ``(b) Electronic Cigarette Defined.--In this section, the term
    `electronic cigarette' means a device that delivers nicotine or other
    substances to a user of the device in the form of a vapor that is
    inhaled to simulate the experience of smoking.''.
        (b) Clerical Amendment.--The analysis for chapter 243 of title 49,
    United States Code, is amended by adding at the end the following:
    ``24323. Prohibition on smoking on Amtrak trains.''.
    SEC. 22210. PROTECTING AMTRAK ROUTES THROUGH RURAL COMMUNITIES.
        Section 24706 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``subsection (b) of this
        section, at least 180 days'' and inserting ``subsection (c), not
        later than 180 days'';
            (2) by redesignating subsections (b) and (c) as subsections (c)
        and (e), respectively;
            (3) by inserting after subsection (a) the following:
        ``(b) Discontinuance or Substantial Alteration of Long-distance
    Routes.--Except as provided in subsection (c), in an emergency, or
    during maintenance or construction outages impacting Amtrak routes,
    Amtrak may not discontinue, reduce the frequency of, suspend, or
    substantially alter the route of rail service on any segment of any
    long-distance route in any fiscal year in which Amtrak receives
    adequate Federal funding for such route on the National Network.''; and
            (4) by inserting after subsection (c), as redesignated, the
        following:
        ``(d) Congressional Notification of Discontinuance.--Except as
    provided in subsection (c), not later than 210 days before
    discontinuing service over a route, Amtrak shall give written notice of
    such discontinuance to all of the members of Congress representing any
    State or district in which the discontinuance would occur.''.
    SEC. 22211. STATE-SUPPORTED ROUTE COMMITTEE.
        (a) State-Supported Route Committee.--Section 24712(a) of title 49,
    United States Code, is amended--
            (1) in paragraph (1)--
                (A) by striking ``Not later than 180 days after the date of
            enactment of the Passenger Rail Reform and Investment Act of
            2015, the Secretary of Transportation shall establish'' and
            inserting ``There is established''; and
                (B) by inserting ``current and future'' before ``rail
            operations'';
            (2) by redesignating paragraphs (4), (5), and (6) as paragraphs
        (5), (6), and (7), respectively;
            (3) by inserting after paragraph (3) the following:
            ``(4) Ability to conduct certain business.--If all of the
        members of 1 voting bloc described in paragraph (3) abstain from a
        Committee decision, agreement between the other 2 voting blocs
        consistent with the procedures set forth in such paragraph shall be
        deemed sufficient for purpose of achieving unanimous consent.'';
            (4) in paragraph (5), as redesignated, in the matter preceding
        subparagraph (A)--
                (A) by striking ``convene a meeting and shall define and
            implement'' and inserting ``define and periodically update'';
            and
                (B) by striking ``not later than 180 days after the date of
            establishment of the Committee by the Secretary''; and
            (5) in paragraph (7), as redesignated--
                (A) in the paragraph heading, by striking ``allocation
            methodology'' and inserting ``methodology policy'';
                (B) in subparagraph (A), by striking ``allocation
            methodology'' and inserting ``methodology policy'';
                (C) by amending subparagraph (B) to read as follows:
                ``(B) Revisions to cost methodology policy.--
                    ``(i) Requirement to revise and update.--Subject to
                rules and procedures established pursuant to clause (iii),
                not later than March 31, 2022, the Committee shall revise
                and update the cost methodology policy required and
                previously approved under section 209 of the Passenger Rail
                Investment and Improvement Act of 2008 (49 U.S.C. 20901
                note). The Committee shall implement a revised cost
                methodology policy during fiscal year 2023. Not later than
                30 days after the adoption of the revised cost methodology
                policy, the Committee shall submit a report documenting and
                explaining any changes to the cost methodology policy and
                plans for implementation of such policy, including a
                description of the improvements to the accounting
                information provided by Amtrak to the States, to the
                Committee on Commerce, Science, and Transportation of the
                Senate and the Committee on Transportation and
                Infrastructure of the House of Representatives. The revised
                cost methodology policy shall ensure that States will be
                responsible for costs attributable to the provision of
                service for their routes.
                    ``(ii) Implementation impacts on federal funding.--To
                the extent that a revision developed pursuant to clause (i)
                assigns to Amtrak costs that were previously allocated to
                States, Amtrak shall request with specificity such
                additional funding in the general and legislative annual
                report required under section 24315 or in any appropriate
                subsequent Federal funding request for the fiscal year in
                which the revised cost methodology policy will be
                implemented.
                    ``(iii) Procedures for changing methodology.--
                Notwithstanding section 209(b) of the Passenger Rail
                Investment and Improvement Act of 2008 (49 U.S.C. 20901
                note), the rules and procedures implemented pursuant to
                paragraph (5) shall include--

                        ``(I) procedures for changing the cost methodology
                    policy in accordance with clause (i); and
                        ``(II) procedures or broad guidelines for
                    conducting financial planning, including operating and
                    capital forecasting, reporting, data sharing, and
                    governance.'';

                (D) in subparagraph (C)--
                    (i) in the matter preceding clause (i), by striking
                ``allocation methodology'' and inserting ``methodology
                policy'';
                    (ii) in clause (i), by striking ``and'' at the end;
                    (iii) in clause (ii)--

                        (I) by striking ``allocate'' and inserting
                    ``assign''; and
                        (II) by striking the period and inserting ``;
                    and''; and

                    (iv) by adding at the end the following:
                    ``(iii) promote increased efficiency in Amtrak's
                operating and capital activities.''; and
                (E) by adding at the end the following:
                ``(D) Independent evaluation.--Not later than March 31 of
            each year, the Committee shall ensure that an independent
            entity selected by the Committee has completed an evaluation to
            determine whether State payments for the most recently
            concluded fiscal year are accurate and comply with the
            applicable cost allocation methodology.''.
        (b) Invoices and Reports.--Section 24712(b) of title 49, United
    States Code, is amended to read as follows:
        ``(b) Invoices and Reports.--
            ``(1) Invoices.--Amtrak shall provide monthly invoices to the
        Committee and to each State that sponsors a State-supported route
        that identify the operating costs for such route, including fixed
        costs and third-party costs.
            ``(2) Reports.--
                ``(A) In general.--The Committee shall determine the
            frequency and contents of--
                    ``(i) the financial and performance reports that Amtrak
                is required to provide to the Committee and the States; and
                    ``(ii) the planning and demand reports that the States
                are required to provide to the Committee and Amtrak.
                ``(B) Monthly statistical report.--
                    ``(i) Development.--Consistent with the revisions to
                the policy required under subsection (a)(7)(B), the
                Committee shall develop a report that contains the general
                ledger data and operating statistics from Amtrak's
                accounting systems used to calculate payments to States.
                    ``(ii) Provision of necessary data.--Not later than 30
                days after the last day of each month, Amtrak shall provide
                to the States and to the Committee the necessary data to
                complete the report developed pursuant to clause (i) for
                such month.''.
        (c) Dispute Resolution.--Section 24712(c) of title 49, United
    States Code, is amended--
            (1) in paragraph (1)--
                (A) by striking ``(a)(4)'' and inserting ``(a)(5)''; and
                (B) by striking ``(a)(6)'' and inserting ``(a)(7)''; and
            (2) in paragraph (4), by inserting ``related to a State-
        supported route that a State sponsors that is'' after ``amount''.
        (d) Performance Metrics.--Section 24712(e) of title 49, United
    States Code, is amended by inserting ``, including incentives to
    increase revenue, reduce costs, finalize contracts by the beginning of
    the fiscal year, and require States to promptly make payments for
    services delivered'' before the period at the end.
        (e) Statement of Goals and Objectives.--Section 24712(f) of title
    49, United States Code, is amended--
            (1) in paragraph (1), by inserting ``, and review and update,
        as necessary,'' after ``shall develop'';
            (2) in paragraph (2), by striking ``Not later than 2 years
        after the date of enactment of the Passenger Rail Reform and
        Investment Act of 2015, the Committee shall transmit the
        statement'' and inserting ``As applicable, based on updates, the
        Committee shall submit an updated statement''; and
            (3) by adding at the end the following:
            ``(3) Sense of congress.--It is the sense of Congress that--
                ``(A) the Committee shall be the forum where Amtrak and the
            States collaborate on the planning, improvement, and
            development of corridor routes across the National Network; and
                ``(B) such collaboration should include regular
            consultation with interstate rail compact parties and other
            regional planning organizations that address passenger rail.''.
        (f) Other Reforms Related to State-supported Routes.--Section 24712
    of title 49, United States Code, as amended by subsections (a) through
    (e), is further amended--
            (1) by redesignating subsections (g) and (h) as subsections (k)
        and (l), respectively; and
            (2) by inserting after subsection (f) the following:
        ``(g) New State-supported Routes.--
            ``(1) Consultation.--In developing a new State-supported route,
        Amtrak shall consult with--
                ``(A) the State or States and local municipalities through
            which such new service would operate;
                ``(B) commuter authorities and regional transportation
            authorities in the areas that would be served by the planned
            route;
                ``(C) host railroads;
                ``(D) the Administrator of the Federal Railroad
            Administration; and
                ``(E) other stakeholders, as appropriate.
            ``(2) State commitments.--Notwithstanding any other provision
        of law, before beginning construction necessary for, or beginning
        operation of, a State-supported route that is initiated on or after
        the date of enactment of the Passenger Rail Expansion and Rail
        Safety Act of 2021, Amtrak shall enter into a memorandum of
        understanding, or otherwise secure an agreement, with each State
        that would be providing funding for such route for sharing--
                ``(A) ongoing operating costs and capital costs in
            accordance with the cost methodology policy referred to in
            subsection (a)(7) then in effect; or
                ``(B) ongoing operating costs and capital costs in
            accordance with the maximum funding limitations described in
            section 22908(e).
            ``(3) Application of terms.--In this subsection, the terms
        `capital costs' and `operating costs' shall apply in the same
        manner as such terms apply under the cost methodology policy
        developed pursuant to subsection (a)(7).
        ``(h) Cost Methodology Policy Update Implementation Report.--Not
    later than 18 months after the updated cost methodology policy required
    under subsection (a)(7)(B) is implemented, the Committee shall submit a
    report to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives that assesses the implementation of the
    updated policy.
        ``(i) Identification of State-supported Route Changes.--Amtrak
    shall--
            ``(1) not later than 120 days before the submission of the
        general and legislative annual report required under section
        24315(b), consult with the Committee and any additional States
        through which a State-supported route may operate regarding any
        proposed changes to such route; and
            ``(2) include in such report an update of any planned or
        proposed changes to State-supported routes, including the
        introduction of new State-supported routes, including--
                ``(A) the timeframe in which such changes would take
            effect; and
                ``(B) whether Amtrak has entered into commitments with the
            affected States pursuant subsection (g)(2).
        ``(j) Economic Analysis.--Not later than 3 years after the date of
    enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
    the Committee shall submit a report to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives
    that--
            ``(1) describes the role of the State-supported routes in
        economic development; and
            ``(2) examines the impacts of the State-supported routes on
        local station areas, job creation, transportation efficiency, State
        economies, and the national economy.''.
    SEC. 22212. ENHANCING CROSS BORDER SERVICE.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, Amtrak, after consultation with the Secretary, the
    Secretary of Homeland Security, relevant State departments of
    transportation, Canadian governmental agencies and entities, and owners
    of the relevant rail infrastructure and facilities, shall submit a
    report to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives regarding enhancing Amtrak passenger rail
    service between the United States and Canada that--
            (1) identifies challenges to Amtrak operations in Canada,
        including delays associated with custom and immigration inspections
        in both the United States and Canada; and
            (2) includes recommendations to improve such cross border
        service, including the feasibility of and costs associated with a
        preclearance facility or facilities.
        (b) Assistance and Support.--The Secretary, the Secretary of State,
    and the Secretary of Homeland Security may provide assistance and
    support requested by Amtrak that is necessary to carry out this
    section, as determined appropriate by the respective Secretary.
    SEC. 22213. CREATING QUALITY JOBS.
        Section 121 of the Amtrak Reform and Accountability Act of 1997 (49
    U.S.C. 24312 note) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following:
        ``(d) Furloughed Work.--Amtrak may not contract out work within the
    classification of work performed by an employee in a bargaining unit
    covered by a collective bargaining agreement entered into between
    Amtrak and an organization representing Amtrak employees during the
    period such employee has been laid off and has not been recalled to
    perform such work.
        ``(e) Agreement Prohibitions on Contracting Out.--This section does
    not--
            ``(1) supersede a prohibition or limitation on contracting out
        work covered by an agreement entered into between Amtrak and an
        organization representing Amtrak employees; or
            ``(2) prohibit Amtrak and an organization representing Amtrak
        employees from entering into an agreement that allows for
        contracting out the work of a furloughed employee that would
        otherwise be prohibited under subsection (d).''.
    SEC. 22214. AMTRAK DAILY LONG-DISTANCE SERVICE STUDY.
        (a) In General.--The Secretary shall conduct a study to evaluate
    the restoration of daily intercity rail passenger service along--
            (1) any Amtrak long-distance routes that, as of the date of
        enactment of this Act, were discontinued; and
            (2) any Amtrak long-distance routes that, as of the date of
        enactment of this Act, occur on a nondaily basis.
        (b) Inclusions.--The study under subsection (a) shall--
            (1) evaluate all options for restoring or enhancing to daily-
        basis intercity rail passenger service along each Amtrak route
        described in that subsection;
            (2) select a preferred option for restoring or enhancing the
        service described in paragraph (1);
            (3) develop a prioritized inventory of capital projects and
        other actions that are required to restore or enhance the service
        described in paragraph (1), including cost estimates for those
        projects and actions;
            (4) develop recommendations for methods by which Amtrak could
        work with local communities and organizations to develop activities
        and programs to continuously improve public use of intercity
        passenger rail service along each route; and
            (5) identify Federal and non-Federal funding sources required
        to restore or enhance the service described in paragraph (1),
        including--
                (A) increased Federal funding for Amtrak based on
            applicable reductions or discontinuations in service; and
                (B) options for entering into public-private partnerships
            to restore that service.
        (c) Other Factors When Considering Expansions.--In evaluating
    intercity passenger rail routes under this section, the Secretary may
    evaluate potential new Amtrak long-distance routes, including with
    specific attention provided to routes in service as of April 1971 but
    not continued by Amtrak, taking into consideration whether those new
    routes would--
            (1) link and serve large and small communities as part of a
        regional rail network;
            (2) advance the economic and social well-being of rural areas
        of the United States;
            (3) provide enhanced connectivity for the national long-
        distance passenger rail system; and
            (4) reflect public engagement and local and regional support
        for restored passenger rail service.
        (d) Consultation.--In conducting the study under this section, the
    Secretary shall consult, through working groups or other forums as the
    Secretary determines to be appropriate, with--
            (1) Amtrak;
            (2) each State along a relevant route;
            (3) regional transportation planning organizations and
        metropolitan planning organizations, municipalities, and
        communities along those relevant routes, to be selected by the
        Secretary;
            (4) host railroad carriers the tracks of which may be used for
        a service described in subsection (a);
            (5) organizations representing onboard Amtrak employees;
            (6) nonprofit organizations representing Amtrak passengers;
            (7) relevant regional passenger rail authorities and federally
        recognized Indian Tribes; and
            (8) such other entities as the Secretary may select.
        (e) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that includes--
            (1) the preferred options selected under subsection (b)(2),
        including the reasons for selecting each option;
            (2) the information described in subsection (b)(3);
            (3) the funding sources identified pursuant to subsection
        (b)(5);
            (4) the estimated costs and public benefits of restoring or
        enhancing intercity rail passenger transportation in the region
        impacted for each relevant Amtrak route; and
            (5) any other information the Secretary determines to be
        appropriate.
        (f) Funding.--There are authorized to be appropriated to the
    Secretary to conduct the study under this section and to carry out the
    consultations required by subsection (d)--
            (1) $7,500,000 for fiscal year 2022; and
            (2) $7,500,000 for fiscal year 2023.

                  Subtitle C--Intercity Passenger Rail Policy

    SEC. 22301. NORTHEAST CORRIDOR PLANNING.
        Section 24904 of title 49, United States Code, is amended--
            (1) by striking subsections (a) and (d);
            (2) by redesignating subsections (b) and (c) as subsections (c)
        and (d), respectively;
            (3) by inserting before subsection (c), as redesignated, the
        following:
        ``(a) Northeast Corridor Service Development Plan.--
            ``(1) In general.--Not later than March 31, 2022, the Northeast
        Corridor Commission established under section 24905 (referred to in
        this section as the `Commission') shall submit a service
        development plan to Congress.
            ``(2) Contents.--The plan required under paragraph (1) shall--
                ``(A) identify key state-of-good-repair, capacity
            expansion, and capital improvement projects planned for the
            Northeast Corridor;
                ``(B) provide a coordinated and consensus-based plan
            covering a 15-year period;
                ``(C) identify service objectives and the capital
            investments required to meet such objectives;
                ``(D) provide a delivery-constrained strategy that
            identifies--
                    ``(i) capital investment phasing;
                    ``(ii) an evaluation of workforce needs; and
                    ``(iii) strategies for managing resources and
                mitigating construction impacts on operations; and
                ``(E) include a financial strategy that identifies funding
            needs and potential funding sources.
            ``(3) Updates.--The Commission shall update the service
        development plan not less frequently than once every 5 years.
        ``(b) Northeast Corridor Capital Investment Plan.--
            ``(1) In general.--Not later than November 1 of each year, the
        Commission shall--
                ``(A) develop an annual capital investment plan for the
            Northeast Corridor; and
                ``(B) submit the capital investment plan to--
                    ``(i) the Secretary of Transportation;
                    ``(ii) the Committee on Commerce, Science, and
                Transportation of the Senate; and
                    ``(iii) the Committee on Transportation and
                Infrastructure of the House of Representatives.
            ``(2) Contents.--The plan required under paragraph (1) shall--
                ``(A) reflect coordination across the entire Northeast
            Corridor;
                ``(B) integrate the individual capital plans developed by
            Amtrak, States, and commuter authorities in accordance with the
            cost allocation policy developed and approved under section
            24905(c);
                ``(C) cover a period of 5 fiscal years, beginning with the
            fiscal year during which the plan is submitted;
                ``(D) notwithstanding section 24902(b), document the
            projects and programs being undertaken to advance the service
            objectives and capital investments identified in the Northeast
            Corridor service development plan developed under subsection
            (a), and the asset condition needs identified in the Northeast
            Corridor asset management plans, after considering--
                    ``(i) the benefits and costs of capital investments in
                the plan;
                    ``(ii) project and program readiness;
                    ``(iii) the operational impacts; and
                    ``(iv) Federal and non-Federal funding availability;
                ``(E) categorize capital projects and programs as primarily
            associated with 1 of the categories listed under section
            24319(c)(2)(C);
                ``(F) identify capital projects and programs that are
            associated with more than 1 category described in subparagraph
            (E); and
                ``(G) include a financial plan that identifies--
                    ``(i) funding sources and financing methods;
                    ``(ii) the status of cost sharing agreements pursuant
                to the cost allocation policy developed under section
                24905(c);
                    ``(iii) the projects and programs that the Commission
                expects will receive Federal financial assistance; and
                    ``(iv) the eligible entity or entities that the
                Commission expects--

                        ``(I) to receive the Federal financial assistance
                    referred to in clause (iii); and
                        ``(II) to implement each capital project.

            ``(3) Review and coordination.--The Commission shall require
        that the information described in paragraph (2) be submitted in a
        timely manner to allow for a reasonable period of review by, and
        coordination with, affected agencies before the Commission submits
        the capital investment plan pursuant to paragraph (1).'';
            (4) in subsection (c), as redesignated, by striking ``spent
        only on--'' and all that follows and inserting ``spent only on
        capital projects and programs contained in the Commission's capital
        investment plan for the prior fiscal year.''; and
            (5) by amending subsection (d), as redesignated, to read as
        follows:
        ``(d) Northeast Corridor Capital Asset Management System.--
            ``(1) In general.--Amtrak and other infrastructure owners that
        provide or support intercity rail passenger transportation along
        the Northeast Corridor shall develop an asset management system and
        use and update such system, as necessary, to develop submissions to
        the Northeast Corridor capital investment plan described in
        subsection (b).
            ``(2) Features.--The system required under paragraph (1) shall
        develop submissions that--
                ``(A) are consistent with the transit asset management
            system (as defined in section 5326(a)(3)); and
                ``(B) include--
                    ``(i) an inventory of all capital assets owned by the
                developer of the plan;
                    ``(ii) an assessment of condition of such capital
                assets;
                    ``(iii) a description of the resources and processes
                that will be necessary to bring or to maintain such capital
                assets in a state of good repair; and
                    ``(iv) a description of changes in the condition of
                such capital assets since the submission of the prior
                version of the plan.''.
    SEC. 22302. NORTHEAST CORRIDOR COMMISSION.
        Section 24905 of title 49, United States Code, is amended--
            (1) in subsection (a)(1)(D), by inserting ``authorities'' after
        ``carriers'';
            (2) in subsection (b)(3)(B)--
                (A) in clause (i)--
                    (i) by inserting ``, including ridership trends,''
                after ``transportation''; and
                    (ii) by striking ``and'' at the end;
                (B) in clause (ii)--
                    (i) by inserting ``first year of the'' after ``the
                delivery of the''; and
                    (ii) by striking the period at the end and inserting
                ``; and''; and
                (C) by adding at the end the following:
                    ``(iii) progress in assessing and eliminating the
                state-of-good-repair backlog.'';
            (3) in subsection (c)--
                (A) in paragraph (1)--
                    (i) in the paragraph heading, by striking ``Development
                of policy'' and inserting ``Policy'';
                    (ii) in subparagraph (A), by striking ``develop a
                standardized policy'' and inserting ``develop and maintain
                the standardized policy first approved on September 17,
                2015, and update, as appropriate,'';
                    (iii) by amending subparagraph (B) to read as follows:
                ``(B) develop timetables for implementing and maintaining
            the policy;'';
                    (iv) in subparagraph (C), by striking ``the policy and
                the timetable'' and inserting ``updates to the policy and
                timetables''; and
                    (v) by amending subparagraph (D) to read as follows:
                ``(D) support the efforts of the members of the Commission
            to implement the policy in accordance with the timetables
            developed pursuant to subparagraph (B);'';
                (B) by amending paragraph (2) to read as follows:
            ``(2) Implementation.--
                ``(A) In general.--In accordance with the timetables
            developed pursuant to paragraph (1)(B), Amtrak and commuter
            authorities on the Northeast Corridor shall implement the
            policy developed under paragraph (1) in their agreements for
            usage of facilities or services.
                ``(B) Effect of failure to implement or comply with
            policy.--If the entities referred to in subparagraph (A) fail
            to implement the policy in accordance with paragraph (1)(D) or
            fail to comply with the policy thereafter, the Surface
            Transportation Board shall--
                    ``(i) determine the appropriate compensation in
                accordance with the procedures and procedural schedule
                applicable to a proceeding under section 24903(c), after
                taking into consideration the policy developed under
                paragraph (1); and
                    ``(ii) enforce its determination on the party or
                parties involved.''; and
                (C) in paragraph (4), by striking ``public authorities
            providing commuter rail passenger transportation'' and
            inserting ``commuter authorities''; and
            (4) in subsection (d)--
                (A) by striking ``2016 through 2020'' and inserting ``2022
            through 2026''; and
                (B) by striking ``section 11101(g) of the Passenger Rail
            Reform and Investment Act of 2015'' and inserting ``section
            22101(e) of the Passenger Rail Expansion and Rail Safety Act of
            2021''.
    SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS.
        (a) In General.--Section 22907 of title 49, United States Code, is
    amended--
            (1) in subsection (b)--
                (A) in paragraph (1), by inserting ``(including the
            District of Columbia)'' after ``State'';
                (B) in paragraph (6), by inserting ``rail carrier and
            intercity rail passenger transportation are'' before
            ``defined'';
                (C) by redesignating paragraphs (8) through (11) as
            paragraphs (10) through (13), respectively; and
                (D) by inserting after paragraph (7) the following:
            ``(8) An association representing 1 or more railroads described
        in paragraph (7).'';
            ``(9) A federally recognized Indian Tribe.'';
            (2) in subsection (c)--
                (A) in paragraph (3), by adding ``or safety'' after
            ``congestion'';
                (B) in paragraph (6), by striking ``and'' and inserting
            ``or'';
                (C) by redesignating paragraphs (11) and (12) as paragraphs
            (12) and (13), respectively;
                (D) by inserting after paragraph (10) the following:
            ``(11) The development and implementation of measures to
        prevent trespassing and reduce associated injuries and
        fatalities.''; and
                (E) by inserting after paragraph (13), as redesignated, the
            following:
            ``(14) Research, development, and testing to advance and
        facilitate innovative rail projects, including projects using
        electromagnetic guideways in an enclosure in a very low-pressure
        environment.
            ``(15) The preparation of emergency plans for communities
        through which hazardous materials are transported by rail.
            ``(16) Rehabilitating, remanufacturing, procuring, or
        overhauling locomotives, provided that such activities result in a
        significant reduction of emissions.''; and
            (3) in subsection (h), by adding at the end the following:
            ``(4) Grade crossing and trespassing projects.--Applicants may
        use costs incurred previously for preliminary engineering
        associated with highway-rail grade crossing improvement projects
        under subsection (c)(5) and trespassing prevention projects under
        subsection (c)(11) to satisfy the non-Federal share
        requirements.''.
        (b) Rule of Construction.--The amendments made by subsection (a)
    may not be construed to affect any grant, including any application for
    a grant, made under section 22907 of title 49, United States Code,
    before the date of enactment of this Act.
        (c) Technical Correction.--
            (1) In general.--Section 22907(l)(1)(A) of title 49, United
        States Code, is amended by inserting ``, including highway
        construction over rail facilities as an alternative to construction
        or improvement of a highway-rail grade crossing,'' after ``under
        chapter 227''.
            (2) Applicability.--The amendment made by paragraph (1) shall
        apply to amounts remaining under section 22907(l) of title 49,
        United States Code, from appropriations for prior fiscal years.
    SEC. 22304. RESTORATION AND ENHANCEMENT GRANTS.
        Section 22908 of title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
        ``(a) Definitions.--In this section:
            ``(1) Applicant.--Notwithstanding section 22901(1), the term
        `applicant' means--
                ``(A) a State, including the District of Columbia;
                ``(B) a group of States;
                ``(C) an entity implementing an interstate compact;
                ``(D) a public agency or publicly chartered authority
            established by 1 or more States;
                ``(E) a political subdivision of a State;
                ``(F) a federally recognized Indian Tribe;
                ``(G) Amtrak or another rail carrier that provides
            intercity rail passenger transportation;
                ``(H) any rail carrier in partnership with at least 1 of
            the entities described in subparagraphs (A) through (F); and
                ``(I) any combination of the entities described in
            subparagraphs (A) through (F).
            ``(2) Operating assistance.--The term `operating assistance',
        with respect to any route subject to section 209 of the Passenger
        Rail Investment and Improvement Act of 2008 (Public Law 110-432),
        means any cost allocated, or that may be allocated, to a route
        pursuant to the cost methodology established under such section or
        under section 24712.'';
            (2) in subsection (c)(3), by striking ``3 years'' each place
        such term appears and inserting ``6 years'';
            (3) in subsection (d)--
                (A) in paragraph (8), by striking ``and'';
                (B) in paragraph (9), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(10) for routes selected under the Corridor Identification
        and Development Program and operated by Amtrak.''; and
            (4) in subsection (e)--
                (A) in paragraph (1)--
                    (i) by striking ``assistance''; and
                    (ii) by striking ``3 years'' and inserting ``6 years
                (including for any such routes selected for funding before
                the date of enactment of the Passenger Rail Expansion and
                Rail Safety Act of 2021)''; and
                (B) in paragraph (3), by striking subparagraphs (A), (B),
            and (C) and inserting the following:
                ``(A) 90 percent of the projected net operating costs for
            the first year of service;
                ``(B) 80 percent of the projected net operating costs for
            the second year of service;
                ``(C) 70 percent of the projected net operating costs for
            the third year of service;
                ``(D) 60 percent of the projected net operating costs for
            the fourth year of service;
                ``(E) 50 percent of the projected net operating costs for
            the fifth year of service; and
                ``(F) 30 percent of the projected net operating costs for
            the sixth year of service.''.
    SEC. 22305. RAILROAD CROSSING ELIMINATION PROGRAM.
        (a) In General.--Chapter 229 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 22909. Railroad Crossing Elimination Program
        ``(a) In General.--The Secretary of Transportation, in cooperation
    with the Administrator of the Federal Railroad Administration, shall
    establish a competitive grant program (referred to in this section as
    the `Program') under which the Secretary shall award grants to eligible
    recipients described in subsection (c) for highway-rail or pathway-rail
    grade crossing improvement projects that focus on improving the safety
    and mobility of people and goods.
        ``(b) Goals.--The goals of the Program are--
            ``(1) to eliminate highway-rail grade crossings that are
        frequently blocked by trains;
            ``(2) to improve the health and safety of communities;
            ``(3) to reduce the impacts that freight movement and railroad
        operations may have on underserved communities; and
            ``(4) to improve the mobility of people and goods.
        ``(c) Eligible Recipients.--The following entities are eligible to
    receive a grant under this section:
            ``(1) A State, including the District of Columbia, Puerto Rico,
        and other United States territories and possessions.
            ``(2) A political subdivision of a State.
            ``(3) A federally recognized Indian Tribe.
            ``(4) A unit of local government or a group of local
        governments.
            ``(5) A public port authority.
            ``(6) A metropolitan planning organization.
            ``(7) A group of entities described in any of paragraphs (1)
        through (6).
        ``(d) Eligible Projects.--The Secretary may award a grant under the
    Program for a highway-rail or pathway-rail grade crossing improvement
    project (including acquiring real property interests) involving--
            ``(1) grade separation or closure, including through the use of
        a bridge, embankment, tunnel, or combination thereof;
            ``(2) track relocation;
            ``(3) the improvement or installation of protective devices,
        signals, signs, or other measures to improve safety, provided that
        such activities are related to a separation or relocation project
        described in paragraph (1) or (2);
            ``(4) other means to improve the safety and mobility of people
        and goods at highway-rail grade crossings (including technological
        solutions);
            ``(5) a group of related projects described in paragraphs (1)
        through (4) that would collectively improve the mobility of people
        and goods; or
            ``(6) the planning, environmental review, and design of an
        eligible project described in paragraphs (1) through (5).
        ``(e) Application Process.--
            ``(1) In general.--An eligible entity seeking a grant under the
        Program shall submit an application to the Secretary at such time,
        in such manner, and containing such information as the Secretary
        may require.
            ``(2) Railroad approvals.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the Secretary shall require applicants to obtain the necessary
            approvals from any impacted rail carriers or real property
            owners before proceeding with the construction of a project
            funded by a grant under the Program.
                ``(B) Exception.--The requirement under subparagraph (A)
            shall not apply to planning projects described in subsection
            (d)(6) if the applicant agrees to work collaboratively with
            rail carriers and right-of-way owners.
        ``(f) Project Selection Criteria.--
            ``(1) In general.--In awarding grants under the Program, the
        Secretary shall evaluate the extent to which proposed projects
        would--
                ``(A) improve safety at highway-rail or pathway-rail grade
            crossings;
                ``(B) grade separate, eliminate, or close highway-rail or
            pathway-rail grade crossings;
                ``(C) improve the mobility of people and goods;
                ``(D) reduce emissions, protect the environment, and
            provide community benefits, including noise reduction;
                ``(E) improve access to emergency services;
                ``(F) provide economic benefits; and
                ``(G) improve access to communities separated by rail
            crossings.
            ``(2) Additional considerations.--In awarding grants under the
        Program, the Secretary shall consider--
                ``(A) the degree to which the proposed project will use--
                    ``(i) innovative technologies;
                    ``(ii) innovative design and construction techniques;
                or
                    ``(iii) construction materials that reduce greenhouse
                gas emissions;
                ``(B) the applicant's planned use of contracting incentives
            to employ local labor, to the extent permissible under Federal
            law;
                ``(C) whether the proposed project will improve the
            mobility of--
                    ``(i) multiple modes of transportation, including
                ingress and egress from freight facilities; or
                    ``(ii) users of nonvehicular modes of transportation,
                such as pedestrians, bicyclists, and public transportation;
                ``(D) whether the proposed project is identified in--
                    ``(i) the freight investment plan component of a State
                freight plan, as required under section 70202(b)(9);
                    ``(ii) a State rail plan prepared in accordance with
                chapter 227; or
                    ``(iii) a State highway-rail grade crossing action
                plan, as required under section 11401(b) of the Passenger
                Rail Reform and Investment Act of 2015 (title XI of Public
                Law 114-94); and
                ``(E) the level of financial support provided by impacted
            rail carriers.
            ``(3) Award distribution.--In selecting grants for Program
        funds in any fiscal year, the Secretary shall comply with the
        following limitations:
                ``(A) Grant funds.--Not less than 20 percent of the grant
            funds available for the Program in any fiscal year shall be
            reserved for projects located in rural areas or on Tribal
            lands. The requirement under section 22907(l), which applies to
            this section, shall not apply to grant funds reserved
            specifically under this subparagraph. Not less than 5 percent
            of the grant funds reserved under this subparagraph shall be
            reserved for projects in counties with 20 or fewer residents
            per square mile, according to the most recent decennial census,
            provided that sufficient eligible applications have been
            submitted.
                ``(B) Planning grants.--Not less than 25 percent of the
            grant funds set aside for planning projects in any fiscal year
            pursuant to section 22104(b) of the Passenger Rail Expansion
            and Rail Safety Act of 2021 shall be awarded for projects
            located in rural areas or on tribal lands.
                ``(C) State limitation.--Not more than 20 percent of the
            grant funds available for the Program in any fiscal year may be
            selected for projects in any single State.
                ``(D) Minimum size.--No grant awarded under this section
            shall be for less than $1,000,000, except for a planning grant
            described in subsection (d)(6).
        ``(g) Cost Share.--Except as provided in paragraph (2), the Federal
    share of the cost of a project carried out using a grant under the
    Program may not exceed 80 percent of the total cost of the project.
    Applicants may count costs incurred for preliminary engineering
    associated with highway-rail and pathway-rail grade crossing
    improvement projects as part of the total project costs.
        ``(h) Congressional Notification.--Not later than 3 days before
    awarding a grant for a project under the Program, the Secretary shall
    submit written notification of the proposed grant to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee
    on Transportation and Infrastructure of the House of Representatives,
    which shall include--
            ``(1) a summary of the project; and
            ``(2) the amount of the proposed grant award.
        ``(i) Annual Report.--Not later than 60 days after each round of
    award notifications, the Secretary shall post, on the public website of
    the Department of Transportation--
            ``(1) a list of all eligible applicants that submitted an
        application for funding under the Program during the current fiscal
        year;
            ``(2) a list of the grant recipients and projects that received
        grant funding under the Program during such fiscal year; and
            ``(3) a list of the proposed projects and applicants that were
        determined to be ineligible.
        ``(j) Commuter Rail Eligibility and Grant Conditions.--
            ``(1) In general.--Section 22905(f) shall not apply to grants
        awarded under this section for commuter rail passenger
        transportation projects.
            ``(2) Administration of funds.--The Secretary of Transportation
        shall transfer amounts awarded under this section for commuter rail
        passenger transportation projects to the Federal Transit
        Administration, which shall administer such funds in accordance
        with chapter 53.
            ``(3) Protective arrangements.--
                ``(A) In general.--Notwithstanding paragraph (2) and
            section 22905(e)(1), as a condition of receiving a grant under
            this section, any employee covered by the Railway Labor Act (45
            U.S.C. 151 et seq.) and the Railroad Retirement Act of 1974 (45
            U.S.C. 231 et seq.) who is adversely affected by actions taken
            in connection with the project financed in whole or in part by
            such grant shall be covered by employee protective arrangements
            required to be established under section 22905(c)(2)(B).
                ``(B) Implementation.--A grant recipient under this
            section, and the successors, assigns, and contractors of such
            grant recipient--
                    ``(i) shall be bound by the employee protective
                arrangements required under subparagraph (A); and
                    ``(ii) shall be responsible for the implementation of
                such arrangements and for the obligations under such
                arrangements, but may arrange for another entity to take
                initial responsibility for compliance with the conditions
                of such arrangement.
        ``(k) Defined Term.--In this section, the term `rural area' means
    any area that is not within an area designated as an urbanized area by
    the Bureau of the Census.''.
        (b) Clerical Amendment.--The analysis for chapter 229 of title 49,
    United States Code, is amended by adding at the end the following:
    ``22909. Railroad Crossing Elimination Program.''.
    SEC. 22306. INTERSTATE RAIL COMPACTS.
        (a) In General.--Chapter 229 of title 49, United States Code (as
    amended by section 22305(a)), is further amended by adding at the end
    the following:
    ``Sec. 22910. Interstate Rail Compacts Grant Program
        ``(a) Grants Authorized.--The Secretary of Transportation shall
    establish a competitive grant program to provide financial assistance
    to entities implementing interstate rail compacts pursuant to section
    410 of the Amtrak Reform and Accountability Act of 1997 (49 U.S.C.
    24101 note) for--
            ``(1) costs of administration;
            ``(2) systems planning, including studying the impacts on
        freight rail operations and ridership;
            ``(3) promotion of intercity passenger rail operation;
            ``(4) preparation of applications for competitive Federal grant
        programs; and
            ``(5) operations coordination.
        ``(b) Maximum Amount.--The Secretary may not award a grant under
    this section in an amount exceeding $1,000,000 per year.
        ``(c) Selection Criteria.--In selecting a recipient of a grant for
    an eligible project under this section, the Secretary shall consider--
            ``(1) the amount of funding received (including funding from a
        rail carrier (as defined in section 24102)) or other participation
        by State, local, and regional governments and the private sector;
            ``(2) the applicant's work to foster economic development
        through rail service, particularly in rural communities;
            ``(3) whether the applicant seeks to restore service over
        routes formerly operated by Amtrak, including routes described in
        section 11304(a) of the Passenger Rail Reform and Investment Act of
        2015 (title XI of division A of Public Law 114-94);
            ``(4) the applicant's dedication to providing intercity
        passenger rail service to regions and communities that are
        underserved or not served by other intercity public transportation;
            ``(5) whether the applicant is enhancing connectivity and
        geographic coverage of the existing national network of intercity
        passenger rail service;
            ``(6) whether the applicant has prepared regional rail or
        corridor service development plans and corresponding environmental
        analysis; and
            ``(7) whether the applicant has engaged with appropriate
        government entities and transportation providers to identify
        projects necessary to enhance multimodal connections or facilitate
        service integration between rail service and other modes, including
        between intercity passenger rail service and intercity bus service
        or commercial air service.
        ``(d) Numerical Limitation.--The Secretary may not award grants
    under this section for more than 10 interstate rail compacts in any
    fiscal year.
        ``(e) Operator Limitation.--The Secretary may only award grants
    under this section to applicants with eligible expenses related to
    intercity passenger rail service to be operated by Amtrak.
        ``(f) Non-Federal Match.--The Secretary shall require each
    recipient of a grant under this section to provide a non-Federal match
    of not less than 50 percent of the eligible expenses of carrying out
    the interstate rail compact under this section.
        ``(g) Report.--Not later than 3 years after the date of enactment
    of the Passenger Rail Expansion and Rail Safety Act of 2021, the
    Secretary, after consultation with grant recipients under this section,
    shall submit a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives that describes--
            ``(1) the implementation of this section;
            ``(2) the status of the planning efforts and coordination
        funded by grants awarded under this section;
            ``(3) the plans of grant recipients for continued
        implementation of the interstate rail compacts;
            ``(4) the status of, and data regarding, any new, restored, or
        enhanced rail services initiated under the interstate rail
        compacts; and
            ``(5) any legislative recommendations.''.
        (b) Clerical Amendment.--The analysis for chapter 229 of title 49,
    United States Code (as amended by section 22305(b)), is amended by
    adding at the end the following:
    ``22910. Interstate Rail Compacts Grant Program.''.

        (c) Identification.--Section 410 of the Amtrak Reform and
    Accountability Act of 1997 (Public Law 105-134; 49 U.S.C. 24101 note)
    is amended--
            (1) in subsection (b)(2), by striking ``(except funds made
        available for Amtrak)''; and
            (2) by adding at the end the following:
        ``(c) Notification Requirement.--Any State that enters into an
    interstate compact pursuant to subsection (a) shall notify the
    Secretary of Transportation of such compact not later than 60 days
    after it is formed. The failure of any State to notify the Secretary
    under this subsection shall not affect the status of the interstate
    compact.
        ``(d) Interstate Rail Compacts Program.--The Secretary of
    Transportation shall--
            ``(1) make available on a publicly accessible website a list of
        interstate rail compacts established under subsection (a) before
        the date of enactment of the Passenger Rail Expansion and Rail
        Safety Act of 2021 and interstate rail compacts established after
        such date; and
            ``(2) make information regarding interstate rail compacts
        available to the public, including how States may establish
        interstate rail compacts under subsection (a), and update such
        information, as necessary.''.
    SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
    GRANTS.
        (a) In General.--Section 24911 of title 49, United States Code, is
    amended--
            (1) in the section heading, by striking ``for state of good
        repair'' and inserting ``for intercity passenger rail'';
            (2) in subsection (a)--
                (A) in paragraph (1)--
                    (i) in subparagraph (F), by striking ``or'' at the end;
                    (ii) by redesignating subsection (G) as subsection (H);
                    (iii) by inserting after subparagraph (F), the
                following:
                ``(G) a federally recognized Indian Tribe; or''; and
                    (iv) in subsection (H), as redesignated, by striking
                ``(F)'' and inserting ``(G)'';
                (B) by striking paragraphs (2) and (5); and
                (C) by redesignating paragraphs (3) and (4) as paragraphs
            (2) and (3), respectively;
            (3) in subsection (b), by striking ``with respect to qualified
        railroad assets'' and inserting ``, improve performance, or expand
        or establish new intercity passenger rail service, including
        privately operated intercity passenger rail service if an eligible
        applicant is involved;'';
            (4) by striking subsections (c) through (e) and inserting the
        following:
        ``(c) Eligible Projects.--The following capital projects, including
    acquisition of real property interests, are eligible to receive grants
    under this section:
            ``(1) A project to replace, rehabilitate, or repair
        infrastructure, equipment, or a facility used for providing
        intercity passenger rail service to bring such assets into a state
        of good repair.
            ``(2) A project to improve intercity passenger rail service
        performance, including reduced trip times, increased train
        frequencies, higher operating speeds, improved reliability,
        expanded capacity, reduced congestion, electrification, and other
        improvements, as determined by the Secretary.
            ``(3) A project to expand or establish new intercity passenger
        rail service.
            ``(4) A group of related projects described in paragraphs (1)
        through (3).
            ``(5) The planning, environmental studies, and final design for
        a project or group of projects described in paragraphs (1) through
        (4).
        ``(d) Project Selection Criteria.--In selecting a project for
    funding under this section--
            ``(1) for projects located on the Northeast Corridor, the
        Secretary shall--
                ``(A) make selections consistent with the Northeast
            Corridor Project Inventory published pursuant to subsection
            (e)(1), unless when necessary to address materially changed
            infrastructure or service conditions, changes in project
            sponsor capabilities or commitments, or other significant
            changes since the completion of the most recently issued
            Northeast Corridor Project Inventory; and
                ``(B) for projects that benefit intercity and commuter rail
            services, only make such selections when Amtrak and the public
            authorities providing commuter rail passenger transportation at
            the eligible project location--
                    ``(i) are in compliance with section 24905(c)(2); and
                    ``(ii) identify funding for the intercity passenger
                rail share, the commuter rail share, and the local share of
                the eligible project before the commencement of the
                project;
            ``(2) for projects not located on the Northeast Corridor, the
        Secretary shall--
                ``(A) give preference to eligible projects--
                    ``(i) for which Amtrak is not the sole applicant;
                    ``(ii) that improve the financial performance,
                reliability, service frequency, or address the state of
                good repair of an Amtrak route; and
                    ``(iii) that are identified in, and consistent with, a
                corridor inventory prepared under the Corridor
                Identification and Development Program pursuant to section
                25101; and
                ``(B) take into account--
                    ``(i) the cost-benefit analysis of the proposed
                project, including anticipated private and public benefits
                relative to the costs of the proposed project, including--

                        ``(I) effects on system and service performance,
                    including as measured by applicable metrics set forth
                    in part 273 of title 49, Code of Federal Regulations
                    (or successor regulations);
                        ``(II) effects on safety, competitiveness,
                    reliability, trip or transit time, greenhouse gas
                    emissions, and resilience;
                        ``(III) anticipated positive economic and
                    employment impacts, including development in areas near
                    passenger stations, historic districts, or other
                    opportunity zones;
                        ``(IV) efficiencies from improved connections with
                    other modes; and
                        ``(V) ability to meet existing or anticipated
                    demand;

                    ``(ii) the degree to which the proposed project's
                business plan considers potential private sector
                participation in the financing, construction, or operation
                of the proposed project;
                    ``(iii) the applicant's past performance in developing
                and delivering similar projects, and previous financial
                contributions;
                    ``(iv) whether the applicant has, or will have--

                        ``(I) the legal, financial, and technical capacity
                    to carry out the project;
                        ``(II) satisfactory continuing access to the
                    equipment or facilities; and
                        ``(III) the capability and willingness to maintain
                    the equipment or facilities;

                    ``(v) if applicable, the consistency of the project
                with planning guidance and documents set forth by the
                Secretary or otherwise required by law;
                    ``(vi) whether the proposed project serves historically
                unconnected or underconnected communities; and
                    ``(vii) any other relevant factors, as determined by
                the Secretary; and
            ``(3) the Secretary shall reserve--
                ``(A) not less than 45 percent of the amounts appropriated
            for grants under this section for projects not located along
            the Northeast Corridor, of which not less than 20 percent shall
            be for projects that benefit (in whole or in part) a long-
            distance route; and
                ``(B) not less than 45 percent of the amounts appropriated
            for grants under this section for projects listed on the
            Northeast Corridor project inventory published pursuant to
            subsection (e)(1).
        ``(e) Long-term Planning.--Not later than 1 year after the date of
    enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
    and every 2 years thereafter, the Secretary shall create a predictable
    project pipeline that will assist Amtrak, States, and the public with
    long-term capital planning by publishing a Northeast Corridor project
    inventory that--
            ``(1) identifies capital projects for Federal investment,
        project applicants, and proposed Federal funding levels under this
        section;
            ``(2) specifies the order in which the Secretary will provide
        grant funding to projects that have identified sponsors and are
        located along the Northeast Corridor, including a method and plan
        for apportioning funds to project sponsors for the 2-year period,
        which may be altered by the Secretary, as necessary, if recipients
        are not carrying out projects in accordance with the anticipated
        schedule;
            ``(3) takes into consideration the appropriate sequence and
        phasing of projects described in the Northeast Corridor capital
        investment plan developed pursuant to section 24904(a);
            ``(4) is consistent with the most recent Northeast Corridor
        service development plan update described in section 24904(d);
            ``(5) takes into consideration the existing commitments and
        anticipated Federal, project applicant, sponsor, and other relevant
        funding levels for the next 5 fiscal years based on information
        currently available to the Secretary; and
            ``(6) is developed in consultation with the Northeast Corridor
        Commission and the owners of Northeast Corridor infrastructure and
        facilities.'';
            (5) in subsection (f)(2), by inserting ``, except as specified
        under paragraph (4)'' after ``80 percent'';
            (6) in subsection (g)--
                (A) in the subsection heading, by inserting ``; Phased
            Funding Agreements'' after ``Intent'';
                (B) in paragraph (1)--
                    (i) in the paragraph heading, by striking ``In
                general'' and inserting ``Letters of intent''; and
                    (ii) by striking ``shall, to the maximum extent
                practicable,'' and inserting ``may'';
                (C) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively;
                (D) by inserting after paragraph (1) the following:
            ``(2) Phased funding agreements.--
                ``(A) In general.--The Secretary may enter into a phased
            funding agreement with an applicant if--
                    ``(i) the project is highly rated, based on the
                evaluations and ratings conducted pursuant to this section
                and the applicable notice of funding opportunity; and
                    ``(ii) the Federal assistance to be provided for the
                project under this section is more than $80,000,000.
                ``(B) Terms.--A phased funding agreement shall--
                    ``(i) establish the terms of participation by the
                Federal Government in the project;
                    ``(ii) establish the maximum amount of Federal
                financial assistance for the project;
                    ``(iii) include the period of time for completing the
                project, even if such period extends beyond the period for
                which Federal financial assistance is authorized;
                    ``(iv) make timely and efficient management of the
                project easier in accordance with Federal law; and
                    ``(v) if applicable, specify when the process for
                complying with the National Environmental Policy Act of
                1969 (42 U.S.C. 4321 et seq.) and related environmental
                laws will be completed for the project.
                ``(C) Special financial rules.--
                    ``(i) In general.--A phased funding agreement under
                this paragraph obligates an amount of available budget
                authority specified in law and may include a commitment,
                contingent on amounts to be specified in law in advance for
                commitments under this paragraph, to obligate an additional
                amount from future available budget authority specified in
                law.
                    ``(ii) Statement of contingent commitment.--The
                agreement shall state that the contingent commitment is not
                an obligation of the Government.
                    ``(iii) Interest and other financing costs.--Interest
                and other financing costs of efficiently carrying out a
                part of the project within a reasonable time are a cost of
                carrying out the project under a phased funding agreement,
                except that eligible costs may not be more than the cost of
                the most favorable financing terms reasonably available for
                the project at the time of borrowing. The applicant shall
                certify, to the satisfaction of the Secretary, that the
                applicant has shown reasonable diligence in seeking the
                most favorable financing terms.
                    ``(iv) Failure to carry out project.--If an applicant
                does not carry out the project for reasons within the
                control of the applicant, the applicant shall repay all
                Federal grant funds awarded for the project from all
                Federal funding sources, for all project activities,
                facilities, and equipment, plus reasonable interest and
                penalty charges allowable by law or established by the
                Secretary in the phased funding agreement. For purposes of
                this clause, a process for complying with the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
                that results in the selection of the no build alternative
                is not within the applicant's control.
                    ``(v) Crediting of funds received.--Any funds received
                by the Government under this paragraph, except for interest
                and penalty charges, shall be credited to the appropriation
                account from which the funds were originally derived.'';
                (E) in paragraph (3), as redesignated--
                    (i) in subparagraph (A), in the matter preceding clause
                (i), by inserting ``a phased funding agreement under
                paragraph (2) or'' after ``issuing''; and
                    (ii) in subparagraph (B)(i), by inserting ``the phased
                funding agreement or'' after ``a copy of''; and
                (F) in paragraph (4), as redesignated--
                    (i) by striking ``An obligation'' and inserting the
                following:
                ``(B) Appropriations required.--An obligation''; and
                    (ii) by inserting before subparagraph (B), as added by
                clause (i), the following:
                ``(A) In general.--The Secretary may enter into phased
            funding agreements under this subsection that contain
            contingent commitments to incur obligations in such amounts as
            the Secretary determines are appropriate.'';
            (7) in subsection (i), by striking ``section 22905'' and
        inserting ``sections 22903 and 22905''; and
            (8) by adding at the end the following:
        ``(j) Annual Report on Phased Funding Agreements and Letters of
    Intent.--Not later than the first Monday in February of each year, the
    Secretary shall submit a report to the Committee on Commerce, Science,
    and Transportation of the Senate, the Committee on Appropriations of
    the Senate, the Committee on Transportation and Infrastructure of the
    House of Representatives, and the Committee on Appropriations of the
    House of Representatives that includes--
            ``(1) a proposal for the allocation of amounts to be available
        to finance grants for projects under this section among applicants
        for such amounts;
            ``(2) evaluations and ratings, as applicable, for each project
        that has received a phased funding agreement or a letter of intent;
        and
            ``(3) recommendations for each project that has received a
        phased funding agreement or a letter of intent for funding based on
        the evaluations and ratings, as applicable, and on existing
        commitments and anticipated funding levels for the next 3 fiscal
        years based on information currently available to the Secretary.
        ``(k) Regional Planning Guidance Corridor Planning.--The Secretary
    may withhold up to 5 percent of the total amount made available for
    this section to carry out planning and development activities related
    to section 25101, including--
            ``(1) providing funding to public entities for the development
        of service development plans selected under the Corridor
        Identification and Development Program;
            ``(2) facilitating and providing guidance for intercity
        passenger rail systems planning; and
            ``(3) providing funding for the development and refinement of
        intercity passenger rail systems planning analytical tools and
        models.''.
        (b) Clerical Amendment.--The analysis for chapter 249 of title 49,
    United States Code, is amended by striking the item relating to section
    24911 and inserting the following:
    ``24911. Federal-State partnership for intercity passenger rail.''.
    SEC. 22308. CORRIDOR IDENTIFICATION AND DEVELOPMENT PROGRAM.
        (a) In General.--Part C of subtitle V of title 49, United States
    Code, is amended by adding at the end the following:

                     ``CHAPTER 251--PASSENGER RAIL PLANNING

    ``Sec.
    ``25101. Corridor Identification and Development Program.

    ``Sec. 25101. Corridor Identification and Development Program
        ``(a) In General.--Not later than 180 days after the date of
    enactment of the Passenger Rail Expansion and Rail Safety Act of 2021,
    the Secretary of Transportation shall establish a program to facilitate
    the development of intercity passenger rail corridors. The program
    shall include--
            ``(1) a process for eligible entities described in subsection
        (b) to submit proposals for the development of intercity passenger
        rail corridors;
            ``(2) a process for the Secretary to review and select
        proposals in accordance with subsection (c);
            ``(3) criteria for determining the level of readiness for
        Federal financial assistance of an intercity passenger rail
        corridor, which shall include--
                ``(A) identification of a service operator which may
            include Amtrak or private rail carriers;
                ``(B) identification of a service sponsor or sponsors;
                ``(C) identification capital project sponsors;
                ``(D) engagement with the host railroads; and
                ``(E) other criteria as determined appropriate by the
            Secretary;
            ``(4) a process for preparing service development plans in
        accordance with subsection (d), including the identification of
        planning funds, such as funds made available under section 24911(k)
        and interstate rail compact grants established under section 22210;
            ``(5) the creation of a pipeline of intercity passenger rail
        corridor projects under subsection (g);
            ``(6) planning guidance to achieve the purposes of this
        section, including guidance for intercity passenger rail corridors
        not selected under this section; and
            ``(7) such other features as the Secretary considers relevant
        to the successful development of intercity passenger rail
        corridors.
        ``(b) Eligible Entities.--The Secretary may receive proposals under
    this section from Amtrak, States, groups of States, entities
    implementing interstate compacts, regional passenger rail authorities,
    regional planning organizations, political subdivisions of a State,
    federally recognized Indian Tribes, and other public entities, as
    determined by the Secretary.
        ``(c) Corridor Selection.--In selecting intercity passenger rail
    corridors pursuant to subsection (a), the Secretary shall consider--
            ``(1) whether the route was identified as part of a regional or
        interregional intercity passenger rail systems planning study;
            ``(2) projected ridership, revenues, capital investment, and
        operating funding requirements;
            ``(3) anticipated environmental, congestion mitigation, and
        other public benefits;
            ``(4) projected trip times and their competitiveness with other
        transportation modes;
            ``(5) anticipated positive economic and employment impacts,
        including development in the areas near passenger stations,
        historic districts, or other opportunity zones;
            ``(6) committed or anticipated State, regional transportation
        authority, or other non-Federal funding for operating and capital
        costs;
            ``(7) benefits to rural communities;
            ``(8) whether the corridor is included in a State's approved
        State rail plan developed pursuant to chapter 227;
            ``(9) whether the corridor serves historically unserved or
        underserved and low-income communities or areas of persistent
        poverty;
            ``(10) whether the corridor would benefit or improve
        connectivity with existing or planned transportation services of
        other modes;
            ``(11) whether the corridor connects at least 2 of the 100 most
        populated metropolitan areas;
            ``(12) whether the corridor would enhance the regional equity
        and geographic diversity of intercity passenger rail service;
            ``(13) whether the corridor is or would be integrated into the
        national rail passenger transportation system and whether the
        corridor would create benefits for other passenger rail routes and
        services; and
            ``(14) whether a passenger rail operator, including a private
        rail carrier, has expressed support for the corridor.
        ``(d) Service Development Plans.--For each corridor proposal
    selected for development under this section, the Secretary shall
    partner with the entity that submitted the proposal, relevant States,
    and Amtrak, as appropriate, to prepare a service development plan (or
    to update an existing service development plan), which shall include--
            ``(1) a detailed description of the proposed intercity
        passenger rail service, including train frequencies, peak and
        average operating speeds, and trip times;
            ``(2) a corridor project inventory that--
                ``(A) identifies the capital projects necessary to achieve
            the proposed intercity passenger rail service, including--
                    ``(i) the capital projects for which Federal investment
                will be sought;
                    ``(ii) the likely project applicants; and
                    ``(iii) the proposed Federal funding levels;
                ``(B) specifies the order in which Federal funding will be
            sought for the capital projects identified under subparagraph
            (A), after considering the appropriate sequence and phasing of
            projects based on the anticipated availability of funds; and
                ``(C) is developed in consultation with the entities listed
            in subsection (e);
            ``(3) a schedule and any associated phasing of projects and
        related service initiation or changes;
            ``(4) project sponsors and other entities expected to
        participate in carrying out the plan;
            ``(5) a description of how the corridor would comply with
        Federal rail safety and security laws, orders, and regulations;
            ``(6) the locations of existing and proposed stations;
            ``(7) the needs for rolling stock and other equipment;
            ``(8) a financial plan identifying projected--
                ``(A) annual revenues;
                ``(B) annual ridership;
                ``(C) capital investments before service could be
            initiated;
                ``(D) capital investments required to maintain service;
                ``(E) annual operating and costs; and
                ``(F) sources of capital investment and operating financial
            support;
            ``(9) a description of how the corridor would contribute to the
        development of a multi-State regional network of intercity
        passenger rail;
            ``(10) an intermodal plan describing how the new or improved
        corridor facilitates travel connections with other passenger
        transportation services;
            ``(11) a description of the anticipated environmental benefits
        of the corridor; and
            ``(12) a description of the corridor's impacts on highway and
        aviation congestion, energy consumption, land use, and economic
        development in the service area.
        ``(e) Consultation.--In partnering on the preparation of a service
    development plan under subsection (d), the Secretary shall consult
    with--
            ``(1) Amtrak;
            ``(2) appropriate State and regional transportation authorities
        and local officials;
            ``(3) representatives of employee labor organizations
        representing railroad and other appropriate employees;
            ``(4) host railroads for the proposed corridor; and
            ``(5) other stakeholders, as determined by the Secretary.
        ``(f) Updates.--Every 5 years, after the initial development of the
    service development plan under subsection (d), if at least 40 percent
    of the work to implement a service development plan prepared under
    subsection (d) has not yet been completed, the plan's sponsor, in
    consultation with the Secretary, shall determine whether such plan
    should be updated.
        ``(g) Project Pipeline.--Not later than 1 year after the
    establishment of the program under this section, and by February 1st of
    each year thereafter, the Secretary shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate, the Committee on
    Appropriations of the Senate, and the Committee on Transportation and
    Infrastructure of the House of Representatives, and the Committee on
    Appropriations of the House of Representatives a project pipeline, in
    accordance with this section, that--
            ``(1) identifies intercity passenger rail corridors selected
        for development under this section;
            ``(2) identifies capital projects for Federal investment,
        project applicants, and proposed Federal funding levels, as
        applicable, consistent with the corridor project inventory;
            ``(3) specifies the order in which the Secretary would provide
        Federal financial assistance, subject to the availability of funds,
        to projects that have identified sponsors, including a method and
        plan for apportioning funds to project sponsors for a 5-year
        period, which may be altered by the Secretary, as necessary, if
        recipients are not carrying out projects on the anticipated
        schedule;
            ``(4) takes into consideration the appropriate sequence and
        phasing of projects described in the corridor project inventory;
            ``(5) takes into consideration the existing commitments and
        anticipated Federal, project applicant, sponsor, and other relevant
        funding levels for the next 5 fiscal years based on information
        currently available to the Secretary;
            ``(6) is prioritized based on the level of readiness of the
        corridor; and
            ``(7) reflects consultation with Amtrak.
        ``(h) Definition.--In this section, the term `intercity passenger
    rail corridor' means--
            ``(1) a new intercity passenger rail route of less than 750
        miles;
            ``(2) the enhancement of an existing intercity passenger rail
        route of less than 750 miles;
            ``(3) the restoration of service over all or portions of an
        intercity passenger rail route formerly operated by Amtrak; or
            ``(4) the increase of service frequency of a long-distance
        intercity passenger rail route.''.
        (b) Clerical Amendment.--The table of chapters for subtitle V of
    title 49, United States Code, is amended by inserting after the item
    relating to chapter 249 the following:
    ``Chapter 251.  Passenger rail planning.........................25101''.

    SEC. 22309. SURFACE TRANSPORTATION BOARD PASSENGER RAIL PROGRAM.
         The Surface Transportation Board shall--
            (1) establish a passenger rail program with primary
        responsibility for carrying out the Board's passenger rail
        responsibilities; and
            (2) hire up to 10 additional full-time employees to assist in
        carrying out the responsibilities referred to in paragraph (1).

                            Subtitle D--Rail Safety

    SEC. 22401. RAILWAY-HIGHWAY CROSSINGS PROGRAM EVALUATION.
        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall evaluate the requirements of the
    railway-highway crossings program authorized under section 130 of title
    23, United States Code, to determine whether--
            (1) the requirements of the program provide States sufficient
        flexibility to adequately address current and emerging highway-rail
        grade crossing safety issues;
            (2) the structure of the program provides sufficient incentives
        and resources to States and local agencies to make changes at
        highway-rail grade crossings that are most effective at reducing
        deaths and injuries;
            (3) there are appropriate tools and resources to support States
        in using data driven programs to determine the most cost-effective
        use of program funds; and
            (4) any statutory changes are recommended to improve the
        effectiveness of the program.
        (b) Report.--Not later than 4 years after the date of enactment of
    this Act, the Secretary shall submit a report to the Committee on
    Commerce, Science, and Transportation of the Senate, the Committee on
    Environment and Public Works of the Senate, and the Committee on
    Transportation and Infrastructure of the House of Representatives that
    summarizes and describes the results of the evaluation conducted
    pursuant to subsection (a), including any recommended statutory
    changes.
    SEC. 22402. GRADE CROSSING ACCIDENT PREDICTION MODEL.
        Not later than 2 years after the date of enactment of this Act, the
    Administrator of the Federal Railroad Administration shall--
            (1) update the grade crossing accident prediction and severity
        model used by the Federal Railroad Administration to analyze
        accident risk at highway-rail grade crossings; and
            (2) provide training on the use of the updated grade crossing
        accident prediction and severity model.
    SEC. 22403. PERIODIC UPDATES TO HIGHWAY-RAIL CROSSING REPORTS AND
    PLANS.
        (a) Highway-rail Grade Crossing Safety.--Section 11401 of the
    Fixing America's Surface Transportation Act (Public Law 114-94; 49
    U.S.C. 22907 note) is amended--
            (1) by striking subsection (c); and
            (2) by redesignating subsections (d) and (e) as subsections (c)
        and (d), respectively.
        (b) Reports on Highway-rail Grade Crossing Safety.--
            (1) In general.--Chapter 201 of title 49, United States Code,
        is amended by inserting after section 20166 the following:
    ``Sec. 20167. Reports on highway-rail grade crossing safety
        ``(a) Report.--Not later than 4 years after the date by which
    States are required to submit State highway-rail grade crossing action
    plans under section 11401(b) of the Fixing America's Surface
    Transportation Act (49 U.S.C. 22907 note), the Administrator of the
    Federal Railroad Administration, in consultation with the Administrator
    of the Federal Highway Administration, shall submit a report to the
    Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Transportation and Infrastructure of the House of
    Representatives that summarizes the State highway-rail grade crossing
    action plans, including--
            ``(1) an analysis and evaluation of each State railway-highway
        crossings program under section 130 of title 23, including--
                ``(A) compliance with section 11401 of the Fixing America's
            Surface Transportation Act and section 130(g) of title 23; and
                ``(B) the specific strategies identified by each State to
            improve safety at highway-rail grade crossings, including
            crossings with multiple accidents or incidents;
            ``(2) the progress of each State in implementing its State
        highway-rail grade crossings action plan;
            ``(3) the number of highway-rail grade crossing projects
        undertaken pursuant to section 130 of title 23, including the
        distribution of such projects by cost range, road system, nature of
        treatment, and subsequent accident experience at improved
        locations;
            ``(4) which States are not in compliance with their schedule of
        projects under section 130(d) of title 23; and
            ``(5) any recommendations for future implementation of the
        railway-highway crossings program under section 130 of title 23.
        ``(b) Updates.--Not later than 5 years after the submission of the
    report required under subsection (a), the Administrator of the Federal
    Railroad Administration, in consultation with the Administrator of the
    Federal Highway Administration, shall--
            ``(1) update the report based on the State annual reports
        submitted pursuant to section 130(g) of title 23 and any other
        information obtained by or available to the Administrator of the
        Federal Railroad Administration; and
            ``(2) submit the updated report to the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives.
        ``(c) Definitions.--In this section:
            ``(1) Highway-rail grade crossing.--The term `highway-rail
        grade crossing' means a location within a State, other than a
        location at which 1 or more railroad tracks cross 1 or more
        railroad tracks at grade, at which--
                ``(A) a public highway, road, or street, or a private
            roadway, including associated sidewalks and pathways, crosses 1
            or more railroad tracks, either at grade or grade-separated; or
                ``(B) a pathway explicitly authorized by a public authority
            or a railroad carrier that--
                    ``(i) is dedicated for the use of nonvehicular traffic,
                including pedestrians, bicyclists, and others;
                    ``(ii) is not associated with a public highway, road,
                or street, or a private roadway; and
                    ``(iii) crosses 1 or more railroad tracks, either at
                grade or grade-separated.
            ``(2) State.--The term `State' means a State of the United
        States or the District of Columbia.''.
            (2) Clerical amendment.--The analysis for chapter 201 of title
        49, United States Code, is amended by inserting after the item
        relating to section 20166 the following:
    ``20167. Reports on highway-rail grade crossing safety.''.

        (c) Annual Report.--Section 130(g) of title 23, United States Code,
    is amended to read as follows:
        ``(g) Annual Report.--
            ``(1) In general.--Not later than August 31 of each year, each
        State shall submit a report to the Administrator of the Federal
        Highway Administration that describes--
                ``(A) the progress being made to implement the railway-
            highway crossings program authorized under this section; and
                ``(B) the effectiveness of the improvements made as a
            result of such implementation.
            ``(2) Contents.--Each report submitted pursuant to paragraph
        (1) shall contain an assessment of--
                ``(A) the costs of the various treatments employed by the
            State to implement the railway-highway crossings program; and
                ``(B) the effectiveness of such treatments, as measured by
            the accident experience at the locations that received such
            treatments.
            ``(3) Coordination.--Not later than 30 days after the Federal
        Highway Administration's acceptance of each report submitted
        pursuant to paragraph (1), the Administrator of the Federal Highway
        Administration shall make such report available to the
        Administrator of the Federal Railroad Administration.''.
    SEC. 22404. BLOCKED CROSSING PORTAL.
        (a) In General.--The Administrator of the Federal Railroad
    Administration shall establish a 3-year blocked crossing portal, which
    shall include the maintenance of the portal and corresponding database
    to receive, store, and retrieve information regarding blocked highway-
    rail grade crossings.
        (b) Blocked Crossing Portal.--The Administrator of the Federal
    Railroad Administration shall establish a blocked crossing portal
    that--
            (1) collects information from the public, including first
        responders, regarding blocked highway-rail grade crossing events;
            (2) solicits the apparent cause of the blocked crossing and
        provides examples of common causes of blocked crossings, such as
        idling trains or instances when lights or gates are activated when
        no train is present;
            (3) provides each complainant with the contact information for
        reporting a blocked crossing to the relevant railroad; and
            (4) encourages each complainant to report the blocked crossing
        to the relevant railroad.
        (c) Complaints.--The blocked crossing portal shall be programmed to
    receive complaints from the general public about blocked highway-rail
    grade crossings. Any complaint reported through the portal shall
    indicate whether the complainant also reported the blocked crossing to
    the relevant railroad.
        (d) Information Received.--In reviewing complaints received
    pursuant to subsection (c), the Federal Railroad Administration shall
    review, to the extent practicable, the information received from the
    complainant to account for duplicative or erroneous reporting.
        (e) Use of Information.--The information received and maintained in
    the blocked crossing portal database shall be used by the Federal
    Railroad Administration--
            (1) to identify frequent and long-duration blocked highway-rail
        grade crossings;
            (2) as a basis for conducting outreach to communities,
        emergency responders, and railroads;
            (3) to support collaboration in the prevention of incidents at
        highway-rail grade crossings; and
            (4) to assess the impacts of blocked crossings.
        (f) Sharing Information Received.--
            (1) In general.--The Administrator of the Federal Railroad
        Administration shall implement and make publicly available
        procedures for sharing any nonaggregated information received
        through the blocked crossing portal with the public.
            (2) Rule of construction.--Nothing in this section may be
        construed to authorize the Federal Railroad Administration to make
        publically available sensitive security information.
        (g) Additional Information.--If the information submitted to the
    blocked crossing portal is insufficient to determine the locations and
    potential impacts of blocked highway-rail grade crossings, the Federal
    Railroad Administration may collect, from the general public, State and
    local law enforcement personnel, and others as appropriate, and on a
    voluntary basis, such additional information as may be necessary to
    make such determinations.
        (h) Limitations.--Complaints, data, and other information received
    through the blocked crossing portal may not be used--
            (1) to infer or extrapolate the rate or instances of crossings
        beyond the data received through the portal; or
            (2) for any regulatory or enforcement purposes except those
        specifically described in this section.
        (i) Reports.--
            (1) Annual public report.--The Administrator of the Federal
        Railroad Administration shall publish an annual report on a public
        website regarding the blocked crossing program, including the
        underlying causes of blocked crossings, program challenges, and
        other findings.
            (2) Report to congress.--Not later than 1 year after the date
        of enactment of this Act, the Administrator of the Federal Railroad
        Administration shall submit a report to the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives
        that describes--
                (A) based on the information received through the blocked
            crossing portal, frequent and long-duration blocked highway-
            rail grade crossings, including the locations, dates,
            durations, and impacts resulting from such occurrences;
                (B) the Federal Railroad Administration's process for
            verifying the accuracy of the complaints submitted to the
            blocked crossing portal, including whether the portal continues
            to be effective in collecting such information and identifying
            blocked crossings;
                (C) the Federal Railroad Administration's use of the data
            compiled by the blocked crossing portal to assess the
            underlying cause and overall impacts of blocked crossings;
                (D) the engagement of the Federal Railroad Administration
            with affected parties to identify and facilitate solutions to
            frequent and long-duration blocked highway-rail grade crossings
            identified by the blocked crossing portal; and
                (E) whether the blocked crossing portal continues to be an
            effective method to collect blocked crossing information and
            what changes could improve its effectiveness.
        (j) Sunset.--This section (other than subsection (k)) shall have no
    force or effect beginning on the date that is 3 years after the date of
    enactment of this Act.
        (k) Rule of Construction.--Nothing in this section may be construed
    to invalidate any authority of the Secretary with respect to blocked
    highway-rail grade crossings. The Secretary may continue to use any
    such authority after the sunset date set forth in subsection (j).
    SEC. 22405. DATA ACCESSIBILITY.
        (a) Review.--Not later than 180 days after the date of enactment of
    this Act, the Chief Information Officer of the Department shall--
            (1) conduct a review of the website of the Office of Safety
        Analysis of the Federal Railroad Administration; and
            (2) provide recommendations to the Secretary for improving the
        public's usability and accessibility of the website referred to in
        paragraph (1).
        (b) Updates.--Not later than 1 year after receiving recommendations
    from the Chief Information Officer pursuant to subsection (a)(2), the
    Secretary, after considering such recommendations, shall update the
    website of the Office of Safety Analysis of the Federal Railroad
    Administration to improve the usability and accessibility of the
    website.
    SEC. 22406. EMERGENCY LIGHTING.
        Not later than 1 year after the date of enactment of this Act, the
    Secretary shall initiate a rulemaking to require that all rail carriers
    providing intercity passenger rail transportation or commuter rail
    passenger transportation (as such terms are defined in section 24102 of
    title 49, United States Code), develop and implement periodic
    inspection plans to ensure that passenger equipment offered for revenue
    service complies with the requirements under part 238 of title 49, Code
    of Federal Regulations, including ensuring that, in the event of a loss
    of power, there is adequate emergency lighting available to allow
    passengers, crew members, and first responders--
            (1) to see and orient themselves;
            (2) to identify obstacles;
            (3) to safely move throughout the rail car; and
            (4) to evacuate safely.
    SEC. 22407. COMPREHENSIVE RAIL SAFETY REVIEW OF AMTRAK.
        (a) Comprehensive Safety Assessment.--Not later than 1 year after
    the date of enactment of this Act, the Secretary shall--
            (1) conduct a focused review of Amtrak's safety-related
        processes and procedures, compliance with safety regulations and
        requirements, and overall safety culture; and
            (2) submit a report to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives that includes
        the findings and recommendations resulting from such assessment.
        (b) Plan.--
            (1) Initial plan.--Not later than 6 months after the completion
        of the comprehensive safety assessment under subsection (a)(1),
        Amtrak shall submit a plan to the Committee on Commerce, Science,
        and Transportation of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives
        for addressing the findings and recommendations raised in the
        comprehensive safety assessment.
            (2) Annual updates.--Amtrak shall submit annual updates of its
        progress toward implementing the plan submitted pursuant to
        paragraph (1) to the committees listed in such paragraph.
    SEC. 22408. COMPLETION OF HOURS OF SERVICE AND FATIGUE STUDIES.
        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Administrator of the Federal Railroad Administration
    shall commence the pilot programs required under subparagraphs (A) and
    (B) of section 21109(e)(1) of title 49, United States Code.
        (b) Consultation.--The Federal Railroad Administration shall
    consult with the class or craft of employees impacted by the pilot
    projects, including railroad carriers, and representatives of labor
    organizations representing the impacted employees when designing and
    conducting the pilot programs referred to in subsection (a).
        (c) Report.--If the pilot programs required under section
    21109(e)(1) of title 49, United States Code, have not commenced on the
    date that is 1 year and 120 days after the date of enactment of this
    Act, the Secretary, not later than 30 days after such date, submit a
    report to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives that describes--
            (1) the status of such pilot programs;
            (2) actions that the Federal Railroad Administration has taken
        to commence the pilot programs, including efforts to recruit
        participant railroads;
            (3) any challenges impacting the commencement of the pilot
        programs; and
            (4) any other details associated with the development of the
        pilot programs that affect progress toward meeting the mandate
        under such section 21109(e)(1).
    SEC. 22409. POSITIVE TRAIN CONTROL STUDY.
        (a) Study.--The Comptroller General of the United States shall
    conduct a study to determine the annual positive train control system
    operation and maintenance costs for public commuter railroads.
        (b) Report.--Not later than 2 years after the date of enactment of
    this Act, the Comptroller General of the United States shall submit a
    report to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives that summarizes the study conducted pursuant
    to subsection (a), including the estimated annual positive train
    control system operation and maintenance costs for public commuter
    railroads.
    SEC. 22410. OPERATING CREW MEMBER TRAINING, QUALIFICATION, AND
    CERTIFICATION.
        (a) Audits.--Not later than 60 days after the date of enactment of
    this Act, the Secretary shall initiate audits of the training,
    qualification, and certification programs of locomotive engineers and
    conductors of railroad carriers, subject to the requirements of parts
    240 and 242 of title 49, Code of Federal Regulations, which audits
    shall--
            (1) be conducted in accordance with subsection (b);
            (2) consider whether such programs are in compliance with such
        parts 240 and 242;
            (3) assess the type and content of training that such programs
        provide locomotive engineers and conductors, relevant to their
        respective roles, including training related to installed
        technology;
            (4) determine whether such programs provide locomotive
        engineers and conductors the knowledge, skill, and ability to
        safely operate a locomotive or train, consistent with such parts
        240 and 242;
            (5) determine whether such programs reflect the current
        operating practices of the railroad carrier;
            (6) assess the current practice by which railroads utilize
        simulator training, or any other technologies used to train and
        qualify locomotive engineers and conductors by examining how such
        technologies are used;
            (7) consider international experience and practice using
        similar technology, as appropriate, particularly before qualifying
        locomotive engineers on new or unfamiliar equipment, new train
        control, diagnostics, or other on-board technology;
            (8) assess the current practice for familiarizing locomotive
        engineers and conductors with new territory and using recurrency
        training to expose such personnel to normal and abnormal
        conditions; and
            (9) ensure that locomotive engineers and conductor training
        programs are considered separately, as appropriate, based on the
        unique requirements and regulations.
        (b) Audit Scheduling.--The Secretary shall--
            (1) schedule the audits required under subsection (a) to ensure
        that--
                (A) each Class I railroad, including the National Railroad
            Passenger Corporation and other intercity passenger rail
            providers, is audited not less frequently than once every 5
            years; and
                (B) a select number, as determined appropriate by the
            Secretary, of Class II and Class III railroads, along with
            other railroads providing passenger rail service that are not
            included in subparagraph (A), are audited annually; and
            (2) conduct the audits described in paragraph (1)(B) in
        accordance with the Small Business Regulatory Enforcement Fairness
        Act of 1996 (5 U.S.C. 601 note) and appendix C of part 209 of title
        49, Code of Federal Regulations.
        (c) Updates to Qualification and Certification Program.--If the
    Secretary, while conducting the audits required under this section,
    identifies a deficiency in a railroad's training, qualification, and
    certification program for locomotive engineers or conductors, the
    railroad shall update the program to eliminate such deficiency.
        (d) Consultation and Cooperation.--
            (1) Consultation.--In conducting any audit required under this
        section, the Secretary shall consult with the railroad and its
        employees, including any nonprofit employee labor organization
        representing the engineers or conductors of the railroad.
            (2) Cooperation.--The railroad and its employees, including any
        nonprofit employee labor organization representing engineers or
        conductors of the railroad, shall fully cooperate with any such
        audit, including by--
                (A) providing any relevant documents requested; and
                (B) making available any employees for interview without
            undue delay or obstruction.
            (3) Failure to cooperate.--If the Secretary determines that a
        railroad or any of its employees, including any nonprofit employee
        labor organization representing engineers or conductors of the
        railroad is not fully cooperating with an audit, the Secretary
        shall electronically notify the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives.
        (e) Review of Regulations.--The Secretary shall triennially
    determine whether any update to part 240 or 242 of title 49, Code of
    Federal Regulations, is necessary to better prepare locomotive
    engineers and conductors to safely operate trains by evaluating whether
    such regulations establish appropriate Federal standards requiring
    railroads--
            (1) to provide locomotive engineers or conductors the knowledge
        and skills to safely operate trains under conditions that reflect
        industry practices;
            (2) to adequately address locomotive engineer or conductor
        route situational awareness, including ensuring locomotive
        engineers and conductors to demonstrate knowledge on the physical
        characteristics of a territory under various conditions and using
        various resources;
            (3) to provide relevant and adequate hands-on training before a
        locomotive engineer or conductor is certified;
            (4) to adequately prepare locomotive engineers or conductors to
        understand relevant locomotive operating characteristics, to
        include instructions on functions they are required to operate on
        any installed technology; and
            (5) to address any other safety issue that the Secretary
        determines to be appropriate for better preparing locomotive
        engineers or conductors.
        (f) Annual Report.--The Secretary shall publish an annual report on
    the public website of the Federal Railroad Administration that--
            (1) summarizes the findings of the prior year's audits;
            (2) summarizes any updates made pursuant to subsection (c); and
            (3) excludes and confidential business information or sensitive
        security information.
    SEC. 22411. TRANSPARENCY AND SAFETY.
        Section 20103(d) of title 49, United States Code, is amended to
    read as follows:
        ``(d) Nonemergency Waivers.--
            ``(1) In general.--The Secretary of Transportation may waive,
        or suspend the requirement to comply with, any part of a regulation
        prescribed or an order issued under this chapter if such waiver or
        suspension is in the public interest and consistent with railroad
        safety.
            ``(2) Notice required.--The Secretary shall--
                ``(A) provide timely public notice of any request for a
            waiver under this subsection or for a suspension under subpart
            E of part 211 of title 49, Code of Federal Regulations, or
            successor regulations;
                ``(B) make available the application for such waiver or
            suspension and any nonconfidential underlying data to
            interested parties;
                ``(C) provide the public with notice and a reasonable
            opportunity to comment on a proposed waiver or suspension under
            this subsection before making a final decision; and
                ``(D) publish on a publicly accessible website the reasons
            for granting each such waiver or suspension.
            ``(3) Information protection.--Nothing in this subsection may
        be construed to require the release of information protected by law
        from public disclosure.
            ``(4) Rulemaking.--
                ``(A) In general.--Not later than 1 year after the first
            day on which a waiver under this subsection or a suspension
            under subpart E of part 211 of title 49, Code of Federal
            Regulations, or successor regulations, has been in continuous
            effect for a 6-year period, the Secretary shall complete a
            review and analysis of such waiver or suspension to determine
            whether issuing a rule that is consistent with the waiver is--
                    ``(i) in the public interest; and
                    ``(ii) consistent with railroad safety.
                ``(B) Factors.--In conducting the review and analysis under
            subparagraph (A), the Secretary shall consider--
                    ``(i) the relevant safety record under the waiver or
                suspension;
                    ``(ii) the likelihood that other entities would have
                similar safety outcomes;
                    ``(iii) the materials submitted in the applications,
                including any comments regarding such materials; and
                    ``(iv) related rulemaking activity.
                ``(C) Notice and comment.--
                    ``(i) In general.--The Secretary shall publish the
                review and analysis required under this paragraph in the
                Federal Register, which shall include a summary of the data
                collected and all relevant underlying data, if the
                Secretary decides not to initiate a regulatory update under
                subparagraph (D).
                    ``(ii) Notice of proposed rulemaking.--The review and
                analysis under this paragraph shall be included as part of
                the notice of proposed rulemaking if the Secretary
                initiates a regulatory update under subparagraph (D).
                ``(D) Regulatory update.--The Secretary may initiate a
            rulemaking to incorporate relevant aspects of a waiver under
            this subsection or a suspension under subpart E of part 211 of
            title 49, Code of Federal Regulations, or successor
            regulations, into the relevant regulation, to the extent the
            Secretary considers appropriate.
            ``(5) Rule of construction.--Nothing in this subsection may be
        construed to delay any waiver granted pursuant to this subsection
        that is in the public interest and consistent with railroad
        safety.''.
    SEC. 22412. RESEARCH AND DEVELOPMENT.
        Section 20108 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(d) Facilities.--The Secretary may erect, alter, and repair
    buildings and make other public improvements to carry out necessary
    railroad research, safety, and training activities at the
    Transportation Technology Center in Pueblo, Colorado.
        ``(e) Offsetting Collections.--The Secretary may collect fees or
    rents from facility users to offset appropriated amounts for the cost
    of providing facilities or research, development, testing, training, or
    other services, including long-term sustainment of the on-site physical
    plant.
        ``(f) Revolving Fund.--Amounts appropriated to carry out subsection
    (d) and all fees and rents collected pursuant to subsection (e) shall
    be credited to a revolving fund and remain available until expended.
    The Secretary may use such fees and rents for operation, maintenance,
    repair, or improvement of the Transportation Technology Center.
        ``(g) Leases and Contracts.--Notwithstanding section 1302 of title
    40, the Secretary may lease to others or enter into contracts for terms
    of up to 20 years, for such consideration and subject to such terms and
    conditions as the Secretary determines to be in the best interests of
    the Government of the United States, for the operation, maintenance,
    repair, and improvement of the Transportation Technology Center.
        ``(h) Property and Casualty Loss Insurance.--The Secretary may
    allow its lessees and contractors to purchase property and casualty
    loss insurance for its assets and activities at the Transportation
    Technology Center to mitigate the lessee's or contractor's risk
    associated with operating a facility.
        ``(i) Energy Projects.--Notwithstanding section 1341 of title 31,
    the Secretary may enter into contracts or agreements, or commit to
    obligations in connection with third-party contracts or agreements,
    including contingent liability for the purchase of electric power in
    connection with such contracts or agreements, for terms not to exceed
    20 years, to enable the use of the land at the Transportation
    Technology Center for projects to produce energy from renewable
    sources.''.
    SEC. 22413. RAIL RESEARCH AND DEVELOPMENT CENTER OF EXCELLENCE.
        Section 20108 of title 49, United States Code, as amended by
    section 22412, is further amended by adding at the end the following:
        ``(j) Rail Research and Development Center of Excellence.--
            ``(1) Center of excellence.--The Secretary shall award grants
        to establish and maintain a center of excellence to advance
        research and development that improves the safety, efficiency, and
        reliability of passenger and freight rail transportation.
            ``(2) Eligibility.--An institution of higher education (as
        defined in section 101 of the Higher Education Act of 1965 (20
        U.S.C. 1001)) or a consortium of nonprofit institutions of higher
        education shall be eligible to receive a grant from the center
        established pursuant to paragraph (1).
            ``(3) Selection criteria.--In awarding a grant under this
        subsection, the Secretary shall--
                ``(A) give preference to applicants with strong past
            performance related to rail research, education, and workforce
            development activities;
                ``(B) consider the extent to which the applicant would
            involve public and private sector passenger and freight
            railroad operators; and
                ``(C) consider the regional and national impacts of the
            applicant's proposal.
            ``(4) Use of funds.--Grant funds awarded pursuant to this
        subsection shall be used for basic and applied research,
        evaluation, education, workforce development, and training efforts
        related to safety, project delivery, efficiency, reliability,
        resiliency, and sustainability of urban commuter, intercity high-
        speed, and freight rail transportation, to include advances in
        rolling stock, advanced positive train control, human factors, rail
        infrastructure, shared corridors, grade crossing safety, inspection
        technology, remote sensing, rail systems maintenance, network
        resiliency, operational reliability, energy efficiency, and other
        advanced technologies.
            ``(5) Federal share.--The Federal share of a grant awarded
        under this subsection shall be 50 percent of the cost of
        establishing and operating the center of excellence and related
        research activities carried out by the grant recipient.''.
    SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM
    PERFORMANCE.
        Section 20157 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(m) Reports on Positive Train Control System Performance.--
            ``(1) In general.--Each host railroad subject to this section
        or subpart I of part 236 of title 49, Code of Federal Regulations,
        shall electronically submit to the Secretary of Transportation a
        Report of PTC System Performance on Form FRA F 6180.152, which
        shall be submitted on or before the applicable due date set forth
        in paragraph (3) and contain the information described in paragraph
        (2), which shall be separated by the host railroad, each applicable
        tenant railroad, and each positive train control-governed track
        segment, consistent with the railroad's positive train control
        Implementation Plan described in subsection (a)(1).
            ``(2) Required information.--Each report submitted pursuant to
        paragraph (1) shall include, for the applicable reporting period--
                ``(A) the number of positive train control system
            initialization failures, disaggregated by the number of
            initialization failures for which the source or cause was the
            onboard subsystem, the wayside subsystem, the communications
            subsystem, the back office subsystem, or a non-positive train
            control component;
                ``(B) the number of positive train control system cut outs,
            disaggregated by each component listed in subparagraph (A) that
            was the source or cause of such cut outs;
                ``(C) the number of positive train control system
            malfunctions, disaggregated by each component listed in
            subparagraph (A) that was the source or cause of such
            malfunctions;
                ``(D) the number of enforcements by the positive train
            control system;
                ``(E) the number of enforcements by the positive train
            control system in which it is reasonable to assume an accident
            or incident was prevented;
                ``(F) the number of scheduled attempts at initialization of
            the positive train control system;
                ``(G) the number of train miles governed by the positive
            train control system; and
                ``(H) a summary of any actions the host railroad and its
            tenant railroads are taking to reduce the frequency and rate of
            initialization failures, cut outs, and malfunctions, such as
            any actions to correct or eliminate systemic issues and
            specific problems.
            ``(3) Due dates.--
                ``(A) In general.--Except as provided in subparagraph (B),
            each host railroad shall electronically submit the report
            required under paragraph (1) not later than--
                    ``(i) April 30, for the period from January 1 through
                March 31;
                    ``(ii) July 31, for the period from April 1 through
                June 30;
                    ``(iii) October 31, for the period from July 1 through
                September 30; and
                    ``(iv) January 31, for the period from October 1
                through December 31 of the prior calendar year.
                ``(B) Frequency reduction.--Beginning on the date that is 3
            years after the date of enactment of the Passenger Rail
            Expansion and Rail Safety Act of 2021, the Secretary shall
            reduce the frequency with which host railroads are required to
            submit the report described in paragraph (1) to not less
            frequently than twice per year, unless the Secretary--
                    ``(i) determines that quarterly reporting is in the
                public interest; and
                    ``(ii) publishes a justification for such determination
                in the Federal Register.
            ``(4) Tenant railroads.--Each tenant railroad that operates on
        a host railroad's positive train control-governed main line and is
        not currently subject to an exception under section 236.1006(b) of
        title 49, Code of Federal Regulations, shall submit the information
        described in paragraph (2) to each applicable host railroad on a
        continuous basis.
            ``(5) Enforcements.--Any railroad operating a positive train
        control system classified under Federal Railroad Administration
        Type Approval number FRA-TA-2010-001 or FRA-TA-2013-003 shall begin
        submitting the metric required under paragraph (2)(D) not later
        than January 31, 2023.''.
    SEC. 22415. SPEED LIMIT ACTION PLANS.
        (a) Codification of, and Amendment to, Section 11406 of the FAST
    Act.--Subchapter II of chapter 201 of subtitle V of title 49, United
    States Code, is amended by inserting after section 20168 the following:
    ``Sec. 20169. Speed limit action plans
        ``(a) In General.--Not later than March 3, 2016, each railroad
    carrier providing intercity rail passenger transportation or commuter
    rail passenger transportation, in consultation with any applicable host
    railroad carrier, shall survey its entire system and identify each main
    track location where there is a reduction of more than 20 miles per
    hour from the approach speed to a curve, bridge, or tunnel and the
    maximum authorized operating speed for passenger trains at that curve,
    bridge, or tunnel.
        ``(b) Action Plans.--Not later than 120 days after the date that
    the survey under subsection (a) is complete, a railroad carrier
    described in subsection (a) shall submit to the Secretary of
    Transportation an action plan that--
            ``(1) identifies each main track location where there is a
        reduction of more than 20 miles per hour from the approach speed to
        a curve, bridge, or tunnel and the maximum authorized operating
        speed for passenger trains at that curve, bridge, or tunnel;
            ``(2) describes appropriate actions to enable warning and
        enforcement of the maximum authorized speed for passenger trains at
        each location identified under paragraph (1), including--
                ``(A) modification to automatic train control systems, if
            applicable, or other signal systems;
                ``(B) increased crew size;
                ``(C) installation of signage alerting train crews of the
            maximum authorized speed for passenger trains in each location
            identified under paragraph (1);
                ``(D) installation of alerters;
                ``(E) increased crew communication; and
                ``(F) other practices;
            ``(3) contains milestones and target dates for implementing
        each appropriate action described under paragraph (2); and
            ``(4) ensures compliance with the maximum authorized speed at
        each location identified under paragraph (1).
        ``(c) Approval.--Not later than 90 days after the date on which an
    action plan is submitted under subsection (b) or (d)(2), the Secretary
    shall approve, approve with conditions, or disapprove the action plan.
        ``(d) Periodic Reviews and Updates.--Each railroad carrier that
    submits an action plan to the Secretary pursuant to subsection (b)
    shall--
            ``(1) not later than 1 year after the date of enactment of the
        Passenger Rail Expansion and Rail Safety Act of 2021, and annually
        thereafter, review such plan to ensure the effectiveness of actions
        taken to enable warning and enforcement of the maximum authorized
        speed for passenger trains at each location identified pursuant to
        subsection (b)(1); and
            ``(2) not later than 90 days before implementing any
        significant operational or territorial operating change, including
        initiating a new service or route, submit to the Secretary a
        revised action plan, after consultation with any applicable host
        railroad, that addresses such operational or territorial operating
        change.
        ``(e) New Service.--If a railroad carrier providing intercity rail
    passenger transportation or commuter rail passenger transportation did
    not exist on the date of enactment of the FAST Act (Public Law 114-94;
    129 Stat. 1312), such railroad carrier, in consultation with any
    applicable host railroad carrier, shall--
            ``(1) survey its routes pursuant to subsection (a) not later
        than 90 days after the date of enactment of the Passenger Rail
        Expansion and Rail Safety Act of 2021; and
            ``(2) develop an action plan pursuant to subsection (b) not
        later than 120 days after the date on which such survey is
        complete.
        ``(f) Alternative Safety Measures.--The Secretary may exempt from
    the requirements under this section each segment of track for which
    operations are governed by a positive train control system certified
    under section 20157, or any other safety technology or practice that
    would achieve an equivalent or greater level of safety in reducing
    derailment risk.
        ``(g) Prohibition.--No new intercity or commuter rail passenger
    service may begin operation unless the railroad carrier providing such
    service is in compliance with the requirements under this section.
        ``(h) Savings Clause.--Nothing in this section may be construed to
    prohibit the Secretary from applying the requirements under this
    section to other segments of track at high risk of overspeed
    derailment.''.
        (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
    of title 49, United States Code, is amended by adding at the end the
    following:
    ``20169. Speed limit action plans.''.
    SEC. 22416. NEW PASSENGER SERVICE PRE-REVENUE SAFETY VALIDATION PLAN.
        (a) In General.--Subchapter II of chapter 201 of subtitle V of
    title 49, United States Code, as amended by section 22415, is further
    amended by adding at the end the following:
    ``Sec. 20170. Pre-revenue service safety validation plan
        ``(a) Plan Submission.--Any railroad providing new, regularly
    scheduled, intercity or commuter rail passenger transportation, an
    extension of existing service, or a renewal of service that has been
    discontinued for more than 180 days shall develop and submit for review
    a comprehensive pre-revenue service safety validation plan to the
    Secretary of Transportation not later than 60 days before initiating
    such revenue service. Such plan shall include pertinent safety
    milestones and a minimum period of simulated revenue service to ensure
    operational readiness and that all safety sensitive personnel are
    properly trained and qualified.
        ``(b) Compliance.--After submitting a plan pursuant to subsection
    (a), the railroad shall adopt and comply with such plan and may not
    amend the plan without first notifying the Secretary of the proposed
    amendment. Revenue service may not begin until the railroad has
    completed the requirements of its plan, including the minimum simulated
    service period required by the plan.
        ``(c) Rulemaking.--The Secretary shall promulgate regulations to
    carry out this section, including--
            ``(1) requiring that any identified safety deficiencies be
        addressed and corrected before the initiation of revenue service;
        and
            ``(2) establishing appropriate deadlines to enable the
        Secretary to review and approve the pre-revenue service safety
        validation plan to ensure that service is not unduly delayed.''.
        (b) Clerical Amendment.--The analysis for chapter 201 of title 49,
    United States Code, as amended by section 22415(b), is further amended
    by adding at the end the following:
    ``20170. Pre-revenue service safety validation plan.''.
    SEC. 22417. FEDERAL RAILROAD ADMINISTRATION ACCIDENT AND INCIDENT
    INVESTIGATIONS.
        Section 20902 of title 49, United States Code, is amended--
            (1) in subsection (b) by striking ``subpena'' and inserting
        ``subpoena''; and
            (2) by adding at the end the following:
        ``(d) Gathering Information and Technical Expertise.--
            ``(1) In general.--The Secretary shall create a standard
        process for investigators to use during accident and incident
        investigations conducted under this section for determining when it
        is appropriate and the appropriate method for--
                ``(A) gathering information about an accident or incident
            under investigation from railroad carriers, contractors or
            employees of railroad carriers or representatives of employees
            of railroad carriers, and others, as determined relevant by the
            Secretary; and
                ``(B) consulting with railroad carriers, contractors or
            employees of railroad carriers or representatives of employees
            of railroad carriers, and others, as determined relevant by the
            Secretary, for technical expertise on the facts of the accident
            or incident under investigation.
            ``(2) Confidentiality.--In developing the process required
        under paragraph (1), the Secretary shall factor in ways to maintain
        the confidentiality of any entity identified under paragraph (1)
        if--
                ``(A) such entity requests confidentiality;
                ``(B) such entity was not involved in the accident or
            incident; and
                ``(C) maintaining such entity's confidentiality does not
            adversely affect an investigation of the Federal Railroad
            Administration.
            ``(3) Applicability.--This subsection shall not apply to any
        investigation carried out by the National Transportation Safety
        Board.''.
    SEC. 22418. CIVIL PENALTY ENFORCEMENT AUTHORITY.
        Section 21301(a) of title 49, United States Code, is amended by
    striking paragraph (3) and inserting the following:
        ``(3) The Secretary may find that a person has violated this
    chapter or a regulation prescribed or order, special permit, or
    approval issued under this chapter only after notice and an opportunity
    for a hearing. The Secretary shall impose a penalty under this section
    by giving the person written notice of the amount of the penalty. The
    Secretary may compromise the amount of a civil penalty by settlement
    agreement without issuance of an order. In determining the amount of a
    compromise, the Secretary shall consider--
            ``(A) the nature, circumstances, extent, and gravity of the
        violation;
            ``(B) with respect to the violator, the degree of culpability,
        any history of violations, the ability to pay, and any effect on
        the ability to continue to do business; and
            ``(C) other matters that justice requires.
        ``(4) The Attorney General may bring a civil action in an
    appropriate district court of the United States to collect a civil
    penalty imposed or compromise under this section and any accrued
    interest on the civil penalty. In the civil action, the amount and
    appropriateness of the civil penalty shall not be subject to review.''.
    SEC. 22419. ADVANCING SAFETY AND INNOVATIVE TECHNOLOGY.
        (a) In General.--Section 26103 of title 49, United States Code, is
    amended to read as follows:
    ``Sec. 26103. Safety regulations and evaluation
        ``The Secretary--
            ``(1) shall promulgate such safety regulations as may be
        necessary for high-speed rail services;
            ``(2) shall, before promulgating such regulations, consult with
        developers of new high-speed rail technologies to develop a method
        for evaluating safety performance; and
            ``(3) may solicit feedback from relevant safety experts or
        representatives of rail employees who perform work on similar
        technology or who may be expected to perform work on new
        technology, as appropriate.''.
        (b) Clerical Amendment.--The analysis for chapter 261 of title 49,
    United States Code, is amended by striking the item relating to section
    26103 and inserting the following:
    ``26103. Safety regulations and evaluation.''.
    SEC. 22420. PASSENGER RAIL VEHICLE OCCUPANT PROTECTION SYSTEMS.
        (a) Study.--The Administrator of the Federal Railroad
    Administration shall conduct a study of the potential installation and
    use in new passenger rail rolling stock of passenger rail vehicle
    occupant protection systems that could materially improve passenger
    safety.
        (b) Considerations.--In conducting the study under subsection (a),
    the Administrator shall consider minimizing the risk of secondary
    collisions, including estimating the costs and benefits of the new
    requirements, through the use of--
            (1) occupant restraint systems;
            (2) air bags;
            (3) emergency window retention systems; and
            (4) interior designs, including seats, baggage restraints, and
        table configurations and attachments.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Administrator shall--
            (1) submit a report summarizing the findings of the study
        conducted pursuant to subsection (a) to the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives;
        and
            (2) publish such report on the website of the Federal Railroad
        Administration.
        (d) Rulemaking.--Following the completion of the study required
    under subsection (a), and after considering the costs and benefits of
    the proposed protection systems, the Administrator may promulgate a
    rule that establishes standards for the use of occupant protection
    systems in new passenger rail rolling stock.
    SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING REQUIREMENTS.
        (a) Elimination of Duplicative or Unnecessary Reporting or
    Paperwork Requirements in the Federal Railroad Administration.--
            (1) Review.--The Administrator of the Federal Railroad
        Administration (referred to in this subsection as the ``FRA
        Administrator''), in consultation with the Administrator of the
        Federal Transit Administration, shall conduct a review of existing
        reporting and paperwork requirements in the Federal Railroad
        Administration to determine if any such requirements are
        duplicative or unnecessary.
            (2) Elimination of certain requirements.--If the FRA
        Administrator determines, as a result of the review conducted
        pursuant to paragraph (1), that any reporting or paperwork
        requirement that is not statutorily required is duplicative or
        unnecessary, the FRA Administrator, after consultation with the
        Administrator of the Federal Transit Administration, shall
        terminate such requirement.
            (3) Report.--Not later than 1 year after the date of enactment
        of this Act, the FRA Administrator shall submit a report to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Transportation and Infrastructure of the House
        of Representatives that--
                (A) identifies all of the reporting or paperwork
            requirements that were terminated pursuant to paragraph (2);
            and
                (B) identifies any statutory reporting or paperwork
            requirements that are duplicative or unnecessary and should be
            repealed.
        (b) Safety Reporting.--Not later than 1 year after the date of
    enactment of this Act, and annually thereafter for the following 4
    years, the Secretary shall update Special Study Block 49 on Form FRA F
    6180.54 (Rail Equipment Accident/Incident Report) to collect, with
    respect to trains involved in accidents required to be reported to the
    Federal Railroad Administration--
            (1) the number of cars and length of the involved trains; and
            (2) the number of crew members who were aboard a controlling
        locomotive involved in an accident at the time of such accident.
    SEC. 22422. NATIONAL ACADEMIES STUDY ON TRAINS LONGER THAN 7,500 FEET.
        (a) Study.--The Secretary shall seek to enter into an agreement
    with the National Academies to conduct a study on the operation of
    freight trains that are longer than 7,500 feet.
        (b) Elements.--The study conducted pursuant to subsection (a)
    shall--
            (1) examine any potential impacts to safety from the operation
        of freight trains that are longer than 7,500 feet and the
        mitigation of any identified risks, including--
                (A) any potential changes in the risk of loss of
            communications between the end of train device and the
            locomotive cab, including communications over differing
            terrains and conditions;
                (B) any potential changes in the risk of loss of radio
            communications between crew members when a crew member alights
            from the train, including communications over differing
            terrains and conditions;
                (C) any potential changes in the risk of derailments,
            including any risks associated with in-train compressive forces
            and slack action or other safety risks in the operations of
            such trains in differing terrains and conditions;
                (D) any potential impacts associated with the deployment of
            multiple distributed power units in the consists of such
            trains; and
                (E) any potential impacts on braking and locomotive
            performance and track wear and tear;
            (2) evaluate any impacts on scheduling and efficiency of
        passenger operations and in the shipping of goods by freight as a
        result of longer trains;
            (3) determine whether additional engineer and conductor
        training is required for safely operating such trains;
            (4) assess the potential impact on the amount of time and
        frequency of occurrence highway-rail grade crossings are occupied;
        and
            (5) identify any potential environmental impacts, including
        greenhouse gas emissions, that have resulted from the operation of
        longer trains.
        (c) Comparison.--When evaluating the potential impacts of the
    operation of trains longer than 7,500 feet under subsection (b), the
    impacts of such trains shall be compared to the impacts of trains that
    are shorter than 7,500 feet, after taking into account train frequency.
        (d) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit a report to the Committee on
    Commerce, Science, and Transportation of the Senate and the Committee
    on Transportation and Infrastructure of the House of Representatives
    that contains the results of the study conducted by the National
    Academies under this section.
        (e) Funding.--From the amounts appropriated for fiscal year 2021
    pursuant to the authorization under section 20117(a) of title 49,
    United States Code, the Secretary shall expend not less than $1,000,000
    and not more than $2,000,000 to carry out the study required under this
    section.
    SEC. 22423. HIGH-SPEED TRAIN NOISE EMISSIONS.
        (a) In General.--Section 17 of the Noise Control Act of 1972 (42
    U.S.C. 4916) is amended--
            (1) by redesignating subsections (c) and (d) as subsections (d)
        and (e), respectively; and
            (2) by inserting after subsection (b) the following:
        ``(c) High-speed Train Noise Emissions.--
            ``(1) In general.--The Secretary of Transportation, in
        consultation with the Administrator, may prescribe regulations
        governing railroad-related noise emission standards for trains
        operating on the general railroad system of transportation at
        speeds exceeding 160 miles per hour, including noise related to
        magnetic levitation systems and other new technologies not
        traditionally associated with railroads.
            ``(2) Factors in rulemaking.--The regulations prescribed
        pursuant to paragraph (1) may--
                ``(A) consider variances in maximum pass-by noise with
            respect to the speed of the equipment;
                ``(B) account for current engineering best practices; and
                ``(C) encourage the use of noise mitigation techniques to
            the extent reasonable if the benefits exceed the costs.
            ``(3) Conventional-speed trains.--Railroad-related noise
        regulations prescribed under subsection (a) shall continue to
        govern noise emissions from the operation of trains, including
        locomotives and rail cars, when operating at speeds not exceeding
        160 miles per hour.''.
        (b) Technical Amendment.--The second sentence of section 17(b) of
    the Noise Control Act of 1972 (42 U.S.C. 4916(b)) is amended by
    striking ``the Safety Appliance Acts, the Interstate Commerce Act, and
    the Department of Transportation Act'' and inserting ``subtitle V of
    title 49, United States Code''.
    SEC. 22424. CRITICAL INCIDENT STRESS PLANS.
        The Secretary shall amend part 272 of title 49, Code of Federal
    Regulations, to the extent necessary to ensure that--
            (1) the coverage of a critical incident stress plan under
        section 272.7 of such part includes employees of commuter railroads
        and intercity passenger railroads (as such terms are defined in
        section 272.9 of such part), including employees who directly
        interact with passengers; and
            (2) an assault against an employee requiring medical attention
        is included in the definition of critical incident under section
        272.9 of such part.
    SEC. 22425. REQUIREMENTS FOR RAILROAD FREIGHT CARS PLACED INTO SERVICE
    IN THE UNITED STATES.
        (a) In General.--Subchapter II of chapter 201 of subtitle V of
    title 49, United States Code (as amended by section 22416(a)), is
    amended by adding at the end the following:
    ``Sec. 20171. Requirements for railroad freight cars placed into
         service in the United States
        ``(a) Definitions.--In this section:
            ``(1) Component.--The term `component' means a part or
        subassembly of a railroad freight car.
            ``(2) Control.--The term `control' means the power, whether
        direct or indirect and whether or not exercised, through the
        ownership of a majority or a dominant minority of the total
        outstanding voting interest in an entity, representation on the
        board of directors of an entity, proxy voting on the board of
        directors of an entity, a special share in the entity, a
        contractual arrangement with the entity, a formal or informal
        arrangement to act in concert with an entity, or any other means,
        to determine, direct, make decisions, or cause decisions to be made
        for the entity.
            ``(3) Cost of sensitive technology.--The term `cost of
        sensitive technology' means the aggregate cost of the sensitive
        technology located on a railroad freight car.
            ``(4) Country of concern.--The term `country of concern' means
        a country that--
                ``(A) is identified by the Department of Commerce as a
            nonmarket economy country (as defined in section 771(18) of the
            Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of
            enactment of the Passenger Rail Expansion and Rail Safety Act
            of 2021;
                ``(B) was identified by the United States Trade
            Representative in the most recent report required by section
            182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign
            country included on the priority watch list (as defined in
            subsection (g)(3) of such section); and
                ``(C) is subject to monitoring by the Trade Representative
            under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
            ``(5) Net cost.--The term `net cost' has the meaning given such
        term in chapter 4 of the USMCA or any subsequent free trade
        agreement between the United States, Mexico, and Canada.
            ``(6) Qualified facility.--The term `qualified facility' means
        a facility that is not owned or under the control of a state-owned
        enterprise.
            ``(7) Qualified manufacturer.--The term `qualified
        manufacturer' means a railroad freight car manufacturer that is not
        owned or under the control of a state-owned enterprise.
            ``(8) Railroad freight car.--The term `railroad freight car'
        means a car designed to carry freight or railroad personnel by
        rail, including--
                ``(A) a box car;
                ``(B) a refrigerator car;
                ``(C) a ventilator car;
                ``(D) an intermodal well car;
                ``(E) a gondola car;
                ``(F) a hopper car;
                ``(G) an auto rack car;
                ``(H) a flat car;
                ``(I) a special car;
                ``(J) a caboose car;
                ``(K) a tank car; and
                ``(L) a yard car.
            ``(9) Sensitive technology.--The term `sensitive technology'
        means any device embedded with electronics, software, sensors, or
        other connectivity, that enables the device to connect to, collect
        data from, or exchange data with another device, including--
                ``(A) onboard telematics;
                ``(B) remote monitoring software;
                ``(C) firmware;
                ``(D) analytics;
                ``(E) global positioning system satellite and cellular
            location tracking systems;
                ``(F) event status sensors;
                ``(G) predictive component condition and performance
            monitoring sensors; and
                ``(H) similar sensitive technologies embedded into freight
            railcar components and sub-assemblies.
            ``(10) State-owned enterprise.--The term `state-owned
        enterprise' means--
                ``(A) an entity that is owned by, or under the control of,
            a national, provincial, or local government of a country of
            concern, or an agency of such government; or
                ``(B) an individual acting under the direction or influence
            of a government or agency described in subparagraph (A).
            ``(11) Substantially transformed.--The term `substantially
        transformed' means a component of a railroad freight car that
        undergoes an applicable change in tariff classification as a result
        of the manufacturing process, as described in chapter 4 and related
        annexes of the USMCA or any subsequent free trade agreement between
        the United States, Mexico, and Canada.
            ``(12) USMCA.--The term `USMCA' has the meaning given the term
        in section 3 of the United States-Mexico-Canada Agreement
        Implementation Act (19 U.S.C. 4502).
        ``(b) Requirements for Railroad Freight Cars.--
            ``(1) Limitation on railroad freight cars.--A railroad freight
        car wholly manufactured on or after the date that is 1 year after
        the date of issuance of the regulations required under subsection
        (c)(1) may only operate on the United States general railroad
        system of transportation if--
                ``(A) the railroad freight car is manufactured, assembled,
            and substantially transformed, as applicable, by a qualified
            manufacturer in a qualified facility;
                ``(B) none of the sensitive technology located on the
            railroad freight car, including components necessary to the
            functionality of the sensitive technology, originates from a
            country of concern or is sourced from a state-owned enterprise;
            and
                ``(C) none of the content of the railroad freight car,
            excluding sensitive technology, originates from a country of
            concern or is sourced from a state-owned enterprise that has
            been determined by a recognized court or administrative agency
            of competent jurisdiction and legal authority to have violated
            or infringed valid United States intellectual property rights
            of another including such a finding by a Federal district court
            under title 35 or the U.S. International Trade Commission under
            section 337 of the Tariff Act of 1930 (19 U.S.C. 1337).
            ``(2) Limitation on railroad freight car content.--
                ``(A) Percentage limitation.--
                    ``(i) Initial limitation.--Not later than 1 year after
                the date of issuance of the regulations required under
                subsection (c)(1), a railroad freight car described in
                paragraph (1) may operate on the United States general
                railroad system of transportation only if not more than 20
                percent of the content of the railroad freight car,
                calculated by the net cost of all components of the car and
                excluding the cost of sensitive technology, originates from
                a country of concern or is sourced from a state-owned
                enterprise.
                    ``(ii) Subsequent limitation.--Effective beginning on
                the date that is 3 years after the date of issuance of the
                regulations required under subsection (c)(1), a railroad
                freight car described in paragraph (1) may operate on the
                United States general railroad system of transportation
                only if not more than 15 percent of the content of the
                railroad freight car, calculated by the net cost of all
                components of the car and excluding the cost of sensitive
                technology, originates from a country of concern or is
                sourced from a state-owned enterprise.
                ``(B) Conflict.--The percentages specified in clauses (i)
            and (ii) of subparagraph (A), as applicable, shall apply
            notwithstanding any apparent conflict with provisions of
            chapter 4 of the USMCA.
        ``(c) Regulations and Penalties.--
            ``(1) Regulations required.--Not later than 2 years after the
        date of enactment of the Passenger Rail Expansion and Rail Safety
        Act of 2021, the Secretary of Transportation shall issue such
        regulations as are necessary to carry out this section, including
        for the monitoring and sensitive technology requirements of this
        section.
            ``(2) Certification required.--To be eligible to provide a
        railroad freight car for operation on the United States general
        railroad system of transportation, the manufacturer of such car
        shall annually certify to the Secretary of Transportation that any
        railroad freight cars to be so provided meet the requirements under
        this section.
            ``(3) Compliance.--
                ``(A) Valid certification required.--At the time a railroad
            freight car begins operation on the United States general
            railroad system of transportation, the manufacturer of such
            railroad freight car shall have valid certification described
            in paragraph (2) for the year in which such car begins
            operation.
                ``(B) Registration of noncompliant cars prohibited.--A
            railroad freight car manufacturer may not register, or cause to
            be registered, a railroad freight car that does not comply with
            the requirements under this section in the Association of
            American Railroad's Umler system.
            ``(4) Civil penalties.--
                ``(A) In general.--Pursuant to section 21301, the Secretary
            of Transportation may assess a civil penalty of not less than
            $100,000, but not more than $250,000, for each violation of
            this section for each railroad freight car.
                ``(B) Prohibition on operation for violations.--The
            Secretary of Transportation may prohibit a railroad freight car
            manufacturer with respect to which the Secretary has assessed
            more than 3 violations under subparagraph (A) from providing
            additional railroad freight cars for operation on the United
            States general railroad system of transportation until the
            Secretary determines--
                    ``(i) such manufacturer is in compliance with this
                section; and
                    ``(ii) all civil penalties assessed to such
                manufacturer pursuant to subparagraph (A) have been paid in
                full.''.
        (b) Clerical Amendment.--The analysis for chapter 201 of subtitle V
    of title 49, United States Code (as amended by section 22416(b)), is
    amended by adding at the end the following:
    ``20171. Requirements for railroad freight cars placed into service in
              the United States.''.
    SEC. 22426. RAILROAD POINT OF CONTACT FOR PUBLIC SAFETY ISSUES.
        All railroads shall--
            (1) provide railroad contact information for public safety
        issues, including a telephone number, to the relevant Federal,
        State, and local oversight agencies; and
            (2) post the information described in paragraph (1) on a
        publicly accessible website.
    SEC. 22427. CONTROLLED SUBSTANCES TESTING FOR MECHANICAL EMPLOYEES.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall amend the regulations under part 219 of title 49,
    Code of Federal Regulations, to require all mechanical employees of
    railroads to be subject to all of the breath or body fluid testing set
    forth in subpart C, D, and E of such part, including random testing,
    reasonable suspicion testing, reasonable cause testing, pre-employment
    testing, return-to-duty testing, and follow-up testing.

                        TITLE III--MOTOR CARRIER SAFETY

    SEC. 23001. AUTHORIZATION OF APPROPRIATIONS.
        (a) Administrative Expenses.--Section 31110 of title 49, United
    States Code, is amended by striking subsection (a) and inserting the
    following:
        ``(a) Administrative Expenses.--There are authorized to be
    appropriated from the Highway Trust Fund (other than the Mass Transit
    Account) for the Secretary of Transportation to pay administrative
    expenses of the Federal Motor Carrier Safety Administration--
            ``(1) $360,000,000 for fiscal year 2022;
            ``(2) $367,500,000 for fiscal year 2023;
            ``(3) $375,000,000 for fiscal year 2024;
            ``(4) $382,500,000 for fiscal year 2025; and
            ``(5) $390,000,000 for fiscal year 2026.''.
        (b) Financial Assistance Programs.--Section 31104 of title 49,
    United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
        ``(a) Financial Assistance Programs.--There are authorized to be
    appropriated from the Highway Trust Fund (other than the Mass Transit
    Account)--
            ``(1) subject to subsection (c), to carry out the motor carrier
        safety assistance program under section 31102 (other than the high
        priority program under subsection (l) of that section)--
                ``(A) $390,500,000 for fiscal year 2022;
                ``(B) $398,500,000 for fiscal year 2023;
                ``(C) $406,500,000 for fiscal year 2024;
                ``(D) $414,500,000 for fiscal year 2025; and
                ``(E) $422,500,000 for fiscal year 2026;
            ``(2) subject to subsection (c), to carry out the high priority
        program under section 31102(l) (other than the commercial motor
        vehicle enforcement training and support grant program under
        paragraph (5) of that section)--
                ``(A) $57,600,000 for fiscal year 2022;
                ``(B) $58,800,000 for fiscal year 2023;
                ``(C) $60,000,000 for fiscal year 2024;
                ``(D) $61,200,000 for fiscal year 2025; and
                ``(E) $62,400,000 for fiscal year 2026;
            ``(3) to carry out the commercial motor vehicle enforcement
        training and support grant program under section 31102(l)(5),
        $5,000,000 for each of fiscal years 2022 through 2026;
            ``(4) to carry out the commercial motor vehicle operators grant
        program under section 31103--
                ``(A) $1,100,000 for fiscal year 2022;
                ``(B) $1,200,000 for fiscal year 2023;
                ``(C) $1,300,000 for fiscal year 2024;
                ``(D) $1,400,000 for fiscal year 2025; and
                ``(E) $1,500,000 for fiscal year 2026; and
            ``(5) subject to subsection (c), to carry out the financial
        assistance program for commercial driver's license implementation
        under section 31313--
                ``(A) $41,800,000 for fiscal year 2022;
                ``(B) $42,650,000 for fiscal year 2023;
                ``(C) $43,500,000 for fiscal year 2024;
                ``(D) $44,350,000 for fiscal year 2025; and
                ``(E) $45,200,000 for fiscal year 2026.'';
            (2) in subsection (b)(2)--
                (A) in the third sentence, by striking ``The Secretary''
            and inserting the following:
                ``(C) In-kind contributions.--The Secretary'';
                (B) in the second sentence, by striking ``The Secretary''
            and inserting the following:
                ``(B) Limitation.--The Secretary'';
                (C) in the first sentence--
                    (i) by inserting ``(except subsection (l)(5) of that
                section)'' after ``section 31102''; and
                    (ii) by striking ``The Secretary'' and inserting the
                following:
                ``(A) Reimbursement percentage.--
                    ``(i) In general.--The Secretary''; and
                (D) in subparagraph (A) (as so designated), by adding at
            the end the following:
                    ``(ii) Commercial motor vehicle enforcement training
                and support grant program.--The Secretary shall reimburse a
                recipient, in accordance with a financial assistance
                agreement made under section 31102(l)(5), an amount that is
                equal to 100 percent of the costs incurred by the recipient
                in a fiscal year in developing and implementing a training
                program under that section.'';
            (3) in subsection (c)--
                (A) in the subsection heading, by striking ``Partner
            Training and'';
                (B) in the first sentence--
                    (i) by striking ``(4)'' and inserting ``(5)''; and
                    (ii) by striking ``partner training and''; and
                (C) by striking the second sentence; and
            (4) in subsection (f)--
                (A) in paragraph (1), by striking ``for the next fiscal
            year'' and inserting ``for the next 2 fiscal years'';
                (B) in paragraph (4), by striking ``for the next fiscal
            year'' and inserting ``for the next 2 fiscal years'';
                (C) by redesignating paragraphs (4) and (5) as paragraphs
            (5) and (6), respectively; and
                (D) by inserting after paragraph (3) the following:
            ``(4) For grants made for carrying out section 31102(l)(5), for
        the fiscal year in which the Secretary approves the financial
        assistance agreement and for the next 4 fiscal years.''; and
            (5) in subsection (i)--
                (A) by striking ``Amounts not expended'' and inserting the
            following:
            ``(1) In general.--Except as provided in paragraph (2), amounts
        not expended''; and
                (B) by adding at the end the following:
            ``(2) Motor carrier safety assistance program.--Amounts made
        available for the motor carrier safety assistance program
        established under section 31102 (other than amounts made available
        to carry out section 31102(l)) that are not expended by a recipient
        during the period of availability shall be released back to the
        Secretary for reallocation under that program.''.
        (c) Enforcement Data Updates.--Section 31102(h)(2)(A) of title 49,
    United States Code, is amended by striking ``2004 and 2005'' and
    inserting ``2014 and 2015''.
    SEC. 23002. MOTOR CARRIER SAFETY ADVISORY COMMITTEE.
        Section 4144 of the SAFETEA-LU (49 U.S.C. 31100 note; Public Law
    109-59) is amended--
            (1) in subsection (b)(1), in the second sentence, by inserting
        ``, including small business motor carriers'' after ``industry'';
        and
            (2) in subsection (d), by striking ``September 30, 2013'' and
        inserting ``September 30, 2025''.
    SEC. 23003. COMBATING HUMAN TRAFFICKING.
        Section 31102(l) of title 49, United States Code, is amended--
            (1) in paragraph (2)--
                (A) in subparagraph (G)(ii), by striking ``and'' at the
            end;
                (B) by redesignating subparagraph (H) as subparagraph (J);
            and
                (C) by inserting after subparagraph (G) the following:
                ``(H) support, through the use of funds otherwise available
            for such purposes--
                    ``(i) the recognition, prevention, and reporting of
                human trafficking, including the trafficking of human
                beings--

                        ``(I) in a commercial motor vehicle; or
                        ``(II) by any occupant, including the operator, of
                    a commercial motor vehicle;

                    ``(ii) the detection of criminal activity or any other
                violation of law relating to human trafficking; and
                    ``(iii) enforcement of laws relating to human
                trafficking;
                ``(I) otherwise support the recognition, prevention, and
            reporting of human trafficking; and''; and
            (2) in paragraph (3)(D)--
                (A) in clause (ii), by striking ``and'' at the end;
                (B) in clause (iii), by striking the period at the end and
            inserting a semicolon; and
                (C) by adding at the end the following:
                    ``(iv) for the detection of, and enforcement actions
                taken as a result of, criminal activity (including the
                trafficking of human beings)--

                        ``(I) in a commercial motor vehicle; or
                        ``(II) by any occupant, including the operator, of
                    a commercial motor vehicle; and

                    ``(v) in addition to any funds otherwise made available
                for the recognition, prevention, and reporting of human
                trafficking, to support the recognition, prevention, and
                reporting of human trafficking.''.
    SEC. 23004. IMMOBILIZATION GRANT PROGRAM.
        Section 31102(l) of title 49, United States Code, is amended by
    adding at the end the following:
            ``(4) Immobilization grant program.--
                ``(A) Definition of passenger-carrying commercial motor
            vehicle.--In this paragraph, the term `passenger-carrying
            commercial motor vehicle' has the meaning given the term
            `commercial motor vehicle' in section 31301.
                ``(B) Establishment.--The Secretary shall establish an
            immobilization grant program under which the Secretary shall
            provide to States discretionary grants for the immobilization
            or impoundment of passenger-carrying commercial motor vehicles
            that--
                    ``(i) are determined to be unsafe; or
                    ``(ii) fail inspection.
                ``(C) List of criteria for immobilization.--The Secretary,
            in consultation with State commercial motor vehicle entities,
            shall develop a list of commercial motor vehicle safety
            violations and defects that the Secretary determines warrant
            the immediate immobilization of a passenger-carrying commercial
            motor vehicle.
                ``(D) Eligibility.--A State shall be eligible to receive a
            grant under this paragraph only if the State has the authority
            to require the immobilization or impoundment of a passenger-
            carrying commercial motor vehicle--
                    ``(i) with respect to which a motor vehicle safety
                violation included in the list developed under subparagraph
                (C) is determined to exist; or
                    ``(ii) that is determined to have a defect included in
                that list.
                ``(E) Use of funds.--A grant provided under this paragraph
            may be used for--
                    ``(i) the immobilization or impoundment of passenger-
                carrying commercial motor vehicles described in
                subparagraph (D);
                    ``(ii) safety inspections of those passenger-carrying
                commercial motor vehicles; and
                    ``(iii) any other activity relating to an activity
                described in clause (i) or (ii), as determined by the
                Secretary.
                ``(F) Secretary authorization.--The Secretary may provide
            to a State amounts for the costs associated with carrying out
            an immobilization program using funds made available under
            section 31104(a)(2).''.
    SEC. 23005. COMMERCIAL MOTOR VEHICLE ENFORCEMENT TRAINING AND SUPPORT.
        Section 31102(l) of title 49, United States Code (as amended by
    section 23004), is amended--
            (1) in paragraph (1), by striking ``(2) and (3)'' and inserting
        ``(2) through (5)''; and
            (2) by adding at the end the following:
            ``(5) Commercial motor vehicle enforcement training and support
        grant program.--
                ``(A) In general.--The Secretary shall administer a
            commercial motor vehicle enforcement training and support grant
            program funded under section 31104(a)(3), under which the
            Secretary shall make discretionary grants to eligible entities
            described in subparagraph (C) for the purposes described in
            subparagraph (B).
                ``(B) Purposes.--The purposes of the grant program under
            subparagraph (A) are--
                    ``(i) to train non-Federal employees who conduct
                commercial motor vehicle enforcement activities; and
                    ``(ii) to develop related training materials.
                ``(C) Eligible entities.--An entity eligible for a
            discretionary grant under the program described in subparagraph
            (A) is a nonprofit organization that has--
                    ``(i) expertise in conducting a training program for
                non-Federal employees; and
                    ``(ii) the ability to reach and involve in a training
                program a target population of commercial motor vehicle
                safety enforcement employees.''.
    SEC. 23006. STUDY OF COMMERCIAL MOTOR VEHICLE CRASH CAUSATION.
        (a) Definitions.--In this section:
            (1) Commercial motor vehicle.--The term ``commercial motor
        vehicle'' has the meaning given the term in section 31132 of title
        49, United States Code.
            (2) Study.--The term ``study'' means the study carried out
        under subsection (b).
        (b) Study.--The Secretary shall carry out a comprehensive study--
            (1) to determine the causes of, and contributing factors to,
        crashes that involve a commercial motor vehicle; and
            (2) to identify data requirements, data collection procedures,
        reports, and any other measures that can be used to improve the
        ability of States and the Secretary--
                (A) to evaluate future crashes involving commercial motor
            vehicles;
                (B) to monitor crash trends and identify causes and
            contributing factors; and
                (C) to develop effective safety improvement policies and
            programs.
        (c) Design.--The study shall be designed to yield information that
    can be used to help policy makers, regulators, and law enforcement
    identify activities and other measures that are likely to lead to
    reductions in--
            (1) the frequency of crashes involving a commercial motor
        vehicle;
            (2) the severity of crashes involving a commercial motor
        vehicle; and
            (3) fatalities and injuries.
        (d) Consultation.--In designing and carrying out the study, the
    Secretary may consult with individuals or entities with expertise on--
            (1) crash causation and prevention;
            (2) commercial motor vehicles, commercial drivers, and motor
        carriers, including passenger carriers;
            (3) highways and noncommercial motor vehicles and drivers;
            (4) Federal and State highway and motor carrier safety
        programs;
            (5) research methods and statistical analysis; and
            (6) other relevant topics, as determined by the Secretary.
        (e) Public Comment.--The Secretary shall make available for public
    comment information about the objectives, methodology, implementation,
    findings, and other aspects of the study.
        (f) Reports.--As soon as practicable after the date on which the
    study is completed, the Secretary shall submit to Congress a report
    describing the results of the study and any legislative recommendations
    to facilitate reductions in the matters described in paragraphs (1)
    through (3) of subsection (c).
    SEC. 23007. PROMOTING WOMEN IN THE TRUCKING WORKFORCE.
        (a) Findings.--Congress finds that--
            (1) women make up 47 percent of the workforce of the United
        States;
            (2) women are significantly underrepresented in the trucking
        industry, holding only 24 percent of all transportation and
        warehousing jobs and representing only--
                (A) 6.6 percent of truck drivers;
                (B) 12.5 percent of all workers in truck transportation;
            and
                (C) 8 percent of freight firm owners;
            (3) given the total number of women truck drivers, women are
        underrepresented in the truck-driving workforce; and
            (4) women truck drivers have been shown to be 20 percent less
        likely than male counterparts to be involved in a crash.
        (b) Sense of Congress Regarding Women in Trucking.--It is the sense
    of Congress that the trucking industry should explore every opportunity
    to encourage and support the pursuit and retention of careers in
    trucking by women, including through programs that support recruitment,
    driver training, and mentorship.
        (c) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Federal Motor Carrier Safety Administration.
            (2) Board.--The term ``Board'' means the Women of Trucking
        Advisory Board established under subsection (d)(1).
            (3) Large trucking company.--The term ``large trucking
        company'' means a motor carrier (as defined in section 13102 of
        title 49, United States Code) with more than 100 power units.
            (4) Mid-sized trucking company.--The term ``mid-sized trucking
        company'' means a motor carrier (as defined in section 13102 of
        title 49, United States Code) with not fewer than 11 power units
        and not more than 100 power units.
            (5) Power unit.--The term ``power unit'' means a self-propelled
        vehicle under the jurisdiction of the Federal Motor Carrier Safety
        Administration.
            (6) Small trucking company.--The term ``small trucking
        company'' means a motor carrier (as defined in section 13102 of
        title 49, United States Code) with not fewer than 1 power unit and
        not more than 10 power units.
        (d) Women of Trucking Advisory Board.--
            (1) Establishment.--To encourage women to enter the field of
        trucking, the Administrator shall establish and facilitate an
        advisory board, to be known as the ``Women of Trucking Advisory
        Board'', to review and report on policies that--
                (A) provide education, training, mentorship, or outreach to
            women in the trucking industry; and
                (B) recruit, retain, or advance women in the trucking
            industry.
            (2) Membership.--
                (A) In general.--The Board shall be composed of not fewer
            than 8 members whose backgrounds, experience, and
            certifications allow those members to contribute balanced
            points of view and diverse ideas regarding the matters
            described in paragraph (3)(B).
                (B) Appointment.--
                    (i) In general.--Not later than 270 days after the date
                of enactment of this Act, the Administrator shall appoint
                the members of the Board, of whom--

                        (I) not fewer than 1 shall be a representative of
                    large trucking companies;
                        (II) not fewer than 1 shall be a representative of
                    mid-sized trucking companies;
                        (III) not fewer than 1 shall be a representative of
                    small trucking companies;
                        (IV) not fewer than 1 shall be a representative of
                    nonprofit organizations in the trucking industry;
                        (V) not fewer than 1 shall be a representative of
                    trucking business associations;
                        (VI) not fewer than 1 shall be a representative of
                    independent owner-operators;
                        (VII) not fewer than 1 shall be a woman who is a
                    professional truck driver; and
                        (VIII) not fewer than 1 shall be a representative
                    of an institution of higher education or trucking trade
                    school.

                    (ii) Diversity.--A member of the Board appointed under
                any of subclauses (I) through (VIII) of clause (i) may not
                be appointed under any other subclause of that clause.
                (C) Terms.--Each member shall be appointed for the life of
            the Board.
                (D) Compensation.--A member of the Board shall serve
            without compensation.
            (3) Duties.--
                (A) In general.--The Board shall identify--
                    (i) barriers and industry trends that directly or
                indirectly discourage women from pursuing and retaining
                careers in trucking, including--

                        (I) any particular barriers and trends that impact
                    women minority groups;
                        (II) any particular barriers and trends that impact
                    women who live in rural, suburban, or urban areas; and
                        (III) any safety risks unique to women in the
                    trucking industry;

                    (ii) ways in which the functions of trucking companies,
                nonprofit organizations, training and education providers,
                and trucking associations may be coordinated to facilitate
                support for women pursuing careers in trucking;
                    (iii) opportunities to expand existing opportunities
                for women in the trucking industry; and
                    (iv) opportunities to enhance trucking training,
                mentorship, education, and advancement and outreach
                programs that would increase the number of women in the
                trucking industry.
                (B) Report.--Not later than 2 years after the date of
            enactment of this Act, the Board shall submit to the
            Administrator a report containing the findings and
            recommendations of the Board, including recommendations that
            companies, associations, institutions, other organizations, or
            the Administrator may adopt--
                    (i) to address any industry trends identified under
                subparagraph (A)(i);
                    (ii) to coordinate the functions of trucking companies,
                nonprofit organizations, and trucking associations in a
                manner that facilitates support for women pursuing careers
                in trucking;
                    (iii)(I) to take advantage of any opportunities
                identified under subparagraph (A)(iii); and
                    (II) to create new opportunities to expand existing
                scholarship opportunities for women in the trucking
                industry; and
                    (iv) to enhance trucking training, mentorship,
                education, and outreach programs that are exclusive to
                women.
            (4) Report to congress.--
                (A) In general.--Not later than 3 years after the date of
            enactment of this Act, the Administrator shall submit to the
            Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Transportation and Infrastructure
            of the House of Representatives a report describing--
                    (i) the findings and recommendations of the Board under
                paragraph (3)(B); and
                    (ii) any actions taken by the Administrator to adopt
                the recommendations of the Board (or an explanation of the
                reasons for not adopting the recommendations).
                (B) Public availability.--The Administrator shall make the
            report under subparagraph (A) publicly available--
                    (i) on the website of the Federal Motor Carrier Safety
                Administration; and
                    (ii) in appropriate offices of the Federal Motor
                Carrier Safety Administration.
            (5) Termination.--The Board shall terminate on submission of
        the report to Congress under paragraph (4).
    SEC. 23008. STATE INSPECTION OF PASSENGER-CARRYING COMMERCIAL MOTOR
    VEHICLES.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary shall solicit additional comment on the
    advance notice of proposed rulemaking entitled ``State Inspection
    Programs for Passenger-Carrier Vehicles'' (81 Fed. Reg. 24769 (April
    27, 2016)).
        (b) Final Rule.--
            (1) In general.--After reviewing all comments received in
        response to the solicitation under subsection (a), if the Secretary
        determines that data and information exist to support moving
        forward with a final rulemaking action, the Secretary shall issue a
        final rule relating to the advance notice of proposed rulemaking
        described in that subsection.
            (2) Considerations.--In determining whether to issue a final
        rule under paragraph (1), the Secretary shall consider the impact
        of continuing to allow self-inspection as a means to satisfy
        periodic inspection requirements on the safety of passenger carrier
        operations.
    SEC. 23009. TRUCK LEASING TASK FORCE.
        (a) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary, in consultation with the
    Secretary of Labor, shall establish a task force, to be known as the
    ``Truck Leasing Task Force'' (referred to in this section as the ``Task
    Force'').
        (b) Membership.--
            (1) In general.--The Secretary shall select not more than 10
        individuals to serve as members of the Task Force, including at
        least 1 representative from each of the following:
                (A) Labor organizations.
                (B) Motor carriers that provide lease-purchase agreements
            to owner-operators.
                (C) Consumer protection groups.
                (D) Members of the legal profession who specialize in
            consumer finance issues, including experience with lease-
            purchase agreements.
                (E) Owner-operators in the trucking industry with
            experience regarding lease-purchase agreements.
                (F) Businesses that provide or are subject to lease-
            purchase agreements in the trucking industry.
            (2) Compensation.--A member of the Task Force shall serve
        without compensation.
        (c) Duties.--The Task Force shall examine, at a minimum--
            (1) common truck leasing arrangements available to commercial
        motor vehicle drivers, including lease-purchase agreements;
            (2) the terms of the leasing agreements described in paragraph
        (1);
            (3)(A) the existence of inequitable leasing agreements and
        terms in the motor carrier industry;
            (B) whether any such inequitable terms and agreements affect
        the frequency of maintenance performed on vehicles subject to those
        agreements; and
            (C) whether any such inequitable terms and agreements affect
        whether a vehicle is kept in a general state of good repair;
            (4) specific agreements available to drayage drivers at ports
        relating to the Clean Truck Program or any similar program to
        decrease emissions from port operations;
            (5) the impact of truck leasing agreements on the net
        compensation of commercial motor vehicle drivers, including port
        drayage drivers;
            (6) whether truck leasing agreements properly incentivize the
        safe operation of vehicles, including driver compliance with the
        hours of service regulations and laws governing speed and safety
        generally;
            (7) resources to assist commercial motor vehicle drivers in
        assessing the financial impacts of leasing agreements; and
            (8)(A) the opportunity that equitable leasing agreements
        provide for drivers to start or expand trucking companies; and
            (B) the history of motor carriers starting from single owner-
        operators.
        (d) Report.--On completion of the examination under subsection (c),
    the Task Force shall submit to the Secretary, the Secretary of Labor,
    and the appropriate committees of Congress a report containing--
            (1) the findings of the Task Force with respect to the matters
        described in subsection (c);
            (2) best practices relating to--
                (A) assisting a commercial motor vehicle driver in
            assessing the impacts of leasing agreements prior to entering
            into such an agreement;
                (B) assisting a commercial motor vehicle driver who has
            entered into a predatory lease agreement; and
                (C) preventing coercion and impacts on safety as described
            in section 31136 of title 49, United States Code; and
            (3) recommendations relating to changes to laws (including
        regulations), as applicable, at the Federal, State, or local level
        to promote fair leasing agreements under which a commercial motor
        vehicle driver, including a short haul driver, who is a party to
        such an agreement is able to earn a rate commensurate with other
        commercial motor vehicle drivers performing similar duties.
        (e) Termination.--Not later than 30 days after the date on which
    the report under subsection (d) is submitted, the Task Force shall
    terminate.
    SEC. 23010. AUTOMATIC EMERGENCY BRAKING.
        (a) Definitions.--In this section:
            (1) Automatic emergency braking system.--The term ``automatic
        emergency braking system'' means a system on a commercial motor
        vehicle that, based on a predefined distance and closing rate with
        respect to an obstacle in the path of the commercial motor
        vehicle--
                (A) alerts the driver of the obstacle; and
                (B) if necessary to avoid or mitigate a collision with the
            obstacle, automatically applies the brakes of the commercial
            motor vehicle.
            (2) Commercial motor vehicle.--The term ``commercial motor
        vehicle'' has the meaning given the term in section 31101 of title
        49, United States Code.
        (b) Federal Motor Vehicle Safety Standard.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall--
                (A) prescribe a motor vehicle safety standard under section
            30111 of title 49, United States Code, that requires any
            commercial motor vehicle subject to section 571.136 of title
            49, Code of Federal Regulations (relating to Federal Motor
            Vehicle Safety Standard Number 136) (or a successor regulation)
            that is manufactured after the effective date of the standard
            prescribed under this subparagraph to be equipped with an
            automatic emergency braking system; and
                (B) as part of the standard under subparagraph (A),
            establish performance requirements for automatic emergency
            braking systems.
            (2) Considerations.--Prior to prescribing the motor vehicle
        safety standard under paragraph (1)(A), the Secretary shall--
                (A) conduct a review of automatic emergency braking systems
            in use in applicable commercial motor vehicles and address any
            identified deficiencies with respect to those automatic
            emergency braking systems in the rulemaking proceeding to
            prescribe the standard, if practicable; and
                (B) consult with representatives of commercial motor
            vehicle drivers regarding the experiences of drivers with
            automatic emergency braking systems in use in applicable
            commercial motor vehicles, including any malfunctions or
            unwarranted activations of those automatic emergency braking
            systems.
        (c) Federal Motor Carrier Safety Regulation.--Not later than 1 year
    after the date of enactment of this Act, the Secretary shall prescribe
    a regulation under section 31136 of title 49, United States Code, that
    requires that an automatic emergency braking system installed in a
    commercial motor vehicle manufactured after the effective date of the
    standard prescribed under subsection (b)(1)(A) that is in operation on
    or after that date and is subject to section 571.136 of title 49, Code
    of Federal Regulations (relating to Federal Motor Vehicle Safety
    Standard Number 136) (or a successor regulation) be used at any time
    during which the commercial motor vehicle is in operation.
        (d) Report on Automatic Emergency Braking in Other Commercial Motor
    Vehicles.--
            (1) Study.--Not later than 2 years after the date of enactment
        of this Act, the Secretary shall complete a study on equipping a
        variety of commercial motor vehicles not subject to section 571.136
        of title 49, Code of Federal Regulations (relating to Federal Motor
        Vehicle Safety Standard Number 136) (or a successor regulation) as
        of that date of enactment with automatic emergency braking systems
        to avoid or mitigate a collision with an obstacle in the path of
        the commercial motor vehicle, including an assessment of the
        feasibility, benefits, and costs associated with installing
        automatic emergency braking systems on a variety of newly
        manufactured commercial motor vehicles with a gross vehicle weight
        rating greater than 10,001 pounds.
            (2) Independent research.--If the Secretary enters into a
        contract with a third party to perform research relating to the
        study required under paragraph (1), the Secretary shall ensure that
        the third party does not have any financial or contractual ties to,
        or relationships with--
                (A) a motor carrier that transports passengers or property
            for compensation;
                (B) the motor carrier industry; or
                (C) an entity producing or supplying automatic emergency
            braking systems.
            (3) Public comment.--Not later than 90 days after the date on
        which the study under paragraph (1) is completed, the Secretary
        shall--
                (A) issue a notice in the Federal Register containing the
            findings of the study; and
                (B) provide an opportunity for public comment.
            (4) Report to congress.--Not later than 90 days after the
        conclusion of the public comment period under paragraph (3)(B), the
        Secretary shall submit to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committees on Transportation
        and Infrastructure and Energy and Commerce of the House of
        Representatives a report that includes--
                (A) the results of the study under paragraph (1);
                (B) a summary of any comments received under paragraph
            (3)(B); and
                (C) a determination as to whether the Secretary intends to
            develop performance requirements for automatic emergency
            braking systems for applicable commercial motor vehicles,
            including any analysis that led to that determination.
            (5) Rulemaking.--Not later than 2 years after the date on which
        the study under paragraph (1) is completed, the Secretary shall--
                (A) determine whether a motor vehicle safety standard
            relating to equipping the commercial motor vehicles described
            in that paragraph with automatic emergency braking systems
            would meet the requirements and considerations described in
            subsections (a) and (b) of section 30111 of title 49, United
            States Code; and
                (B) if the Secretary determines that a motor vehicle safety
            standard described in subparagraph (A) would meet the
            requirements and considerations described in that subparagraph,
            initiate a rulemaking to prescribe such a motor vehicle safety
            standard.
    SEC. 23011. UNDERRIDE PROTECTION.
        (a) Definitions.--In this section:
            (1) Committee.--The term ``Committee'' means the Advisory
        Committee on Underride Protection established under subsection
        (d)(1).
            (2) Motor carrier.--The term ``motor carrier'' has the meaning
        given the term in section 13102 of title 49, United States Code.
            (3) Passenger motor vehicle.--The term ``passenger motor
        vehicle'' has the meaning given the term in section 32101 of title
        49, United States Code.
            (4) Underride crash.--The term ``underride crash'' means a
        crash in which a trailer or semitrailer intrudes into the passenger
        compartment of a passenger motor vehicle.
        (b) Rear Underride Guards.--
            (1) Trailers and semitrailers.--
                (A) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall promulgate such
            regulations as are necessary to revise sections 571.223 and
            571.224 of title 49, Code of Federal Regulations (relating to
            Federal Motor Vehicle Safety Standard Numbers 223 and 224,
            respectively), to require trailers and semitrailers
            manufactured after the date on which those regulations are
            promulgated to be equipped with rear impact guards that are
            designed to prevent passenger compartment intrusion from a
            trailer or semitrailer when a passenger motor vehicle traveling
            at 35 miles per hour makes--
                    (i) an impact in which the passenger motor vehicle
                impacts the center of the rear of the trailer or
                semitrailer;
                    (ii) an impact in which 50 percent of the width of the
                passenger motor vehicle overlaps the rear of the trailer or
                semitrailer; and
                    (iii) an impact in which 30 percent of the width of the
                passenger motor vehicle overlaps the rear of the trailer or
                semitrailer, if the Secretary determines that a revision of
                sections 571.223 and 571.224 of title 49, Code of Federal
                Regulations (relating to Federal Motor Vehicle Safety
                Standard Numbers 223 and 224, respectively) to address such
                an impact would meet the requirements and considerations
                described in subsections (a) and (b) of section 30111 of
                title 49, United States Code.
                (B) Effective date.--The regulations promulgated under
            subparagraph (A) shall require full compliance with each
            Federal Motor Vehicle Safety Standard revised pursuant to those
            regulations not later than 2 years after the date on which
            those regulations are promulgated.
            (2) Additional research.--The Secretary shall conduct
        additional research on the design and development of rear impact
        guards that can--
                (A) prevent underride crashes in cases in which the
            passenger motor vehicle is traveling at speeds of up to 65
            miles per hour; and
                (B) protect passengers in passenger motor vehicles against
            severe injury in crashes in which the passenger motor vehicle
            is traveling at speeds of up to 65 miles per hour.
            (3) Review of standards.--Not later than 5 years after the date
        on which the regulations under paragraph (1)(A) are promulgated,
        the Secretary shall--
                (A) review the Federal Motor Vehicle Safety Standards
            revised pursuant to those regulations and any other
            requirements of those regulations relating to rear underride
            guards on trailers or semitrailers to evaluate the need for
            changes in response to advancements in technology; and
                (B) update those Federal Motor Vehicle Safety Standards and
            those regulations accordingly.
            (4) Inspections.--
                (A) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall promulgate such
            regulations as are necessary to revise the regulations relating
            to minimum periodic inspection standards under appendix G to
            subchapter B of chapter III of title 49, Code of Federal
            Regulations, and the regulations relating to driver vehicle
            inspection reports under section 396.11 of that title to
            include requirements relating to rear impact guards and rear
            end protection that are consistent with the requirements
            described in section 393.86 of that title.
                (B) Considerations.--In revising the regulations described
            in subparagraph (A), the Secretary shall consider it to be a
            defect or a deficiency if a rear impact guard is missing an, or
            has a corroded or compromised, element that affects the
            structural integrity and protective feature of the rear impact
            guard.
        (c) Side Underride Guards.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall--
                (A) complete additional research on side underride guards
            to better understand the overall effectiveness of side
            underride guards;
                (B) assess the feasibility, benefits, and costs of, and any
            impacts on intermodal equipment, freight mobility (including
            port operations), and freight capacity associated with,
            installing side underride guards on newly manufactured trailers
            and semitrailers with a gross vehicle weight rating of 10,000
            pounds or more;
                (C) consider the unique structural and operational aspects
            of--
                    (i) intermodal chassis (as defined in section 340.2 of
                title 46, Code of Federal Regulations; and
                    (ii) pole trailers (as defined in section 390.5 of
                title 49, Code of Federal Regulations; and
                (D) if warranted, develop performance standards for side
            underride guards.
            (2) Independent research.--If the Secretary enters into a
        contract with a third party to perform the research required under
        paragraph (1)(A), the Secretary shall ensure that the third party
        does not have any financial or contractual ties to, or
        relationships with--
                (A) a motor carrier that transports passengers or property
            for compensation;
                (B) the motor carrier industry; or
                (C) an entity producing or supplying underride guards.
            (3) Publication of assessment.--Not later than 90 days after
        completion of the assessment required under paragraph (1)(B), the
        Secretary shall--
                (A) issue a notice in the Federal Register containing the
            findings of the assessment; and
                (B) provide an opportunity for public comment.
            (4) Report to congress.--Not later than 90 days after the
        conclusion of the public comment period under paragraph (3)(B), the
        Secretary shall submit to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives a report that
        includes--
                (A) the results of the assessment under paragraph (1)(B);
                (B) a summary of any comments received by the Secretary
            under paragraph (3)(B); and
                (C) a determination as to whether the Secretary intends to
            develop performance requirements for side underride guards,
            including any analysis that led to that determination.
        (d) Advisory Committee on Underride Protection.--
            (1) Establishment.--The Secretary shall establish an Advisory
        Committee on Underride Protection to provide advice and
        recommendations to the Secretary on safety regulations to reduce
        underride crashes and fatalities relating to underride crashes.
            (2) Membership.--
                (A) In general.--The Committee shall be composed of not
            more than 20 members, appointed by the Secretary, who--
                    (i) are not employees of the Department; and
                    (ii) are qualified to serve on the Committee because of
                their expertise, training, or experience.
                (B) Representation.--The Committee shall include 2
            representatives of each of the following:
                    (i) Truck and trailer manufacturers.
                    (ii) Motor carriers, including independent owner-
                operators.
                    (iii) Law enforcement.
                    (iv) Motor vehicle engineers.
                    (v) Motor vehicle crash investigators.
                    (vi) Truck safety organizations.
                    (vii) The insurance industry.
                    (viii) Emergency medical service providers.
                    (ix) Families of underride crash victims.
                    (x) Labor organizations.
            (3) Compensation.--Members of the Committee shall serve without
        compensation.
            (4) Meetings.--The Committee shall meet not less frequently
        than annually.
            (5) Support.--On request of the Committee, the Secretary shall
        provide information, administrative services, and supplies
        necessary for the Committee to carry out the duties of the
        Committee.
            (6) Report.--The Committee shall submit to the Committee on
        Commerce, Science, and Transportation of the Senate and the
        Committee on Transportation and Infrastructure of the House of
        Representatives a biennial report that--
                (A) describes the advice and recommendations made to the
            Secretary; and
                (B) includes an assessment of progress made by the
            Secretary in advancing safety regulations relating to underride
            crashes.
        (e) Data Collection.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall implement the
    recommendations described in the report of the Government
    Accountability Office entitled ``Truck Underride Guards: Improved Data
    Collection, Inspections, and Research Needed'', published on March 14,
    2019, and numbered GAO-19-264.
    SEC. 23012. PROVIDERS OF RECREATIONAL ACTIVITIES.
        Section 13506(b) of title 49, United States Code, is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) transportation by a motor vehicle designed or used to
        transport not fewer than 9, and not more than 15, passengers
        (including the driver), whether operated alone or with a trailer
        attached for the transport of recreational equipment, if--
                ``(A) the motor vehicle is operated by a person that
            provides recreational activities;
                ``(B) the transportation is provided within a 150 air-mile
            radius of the location at which passengers initially boarded
            the motor vehicle at the outset of the trip; and
                ``(C) in the case of a motor vehicle transporting
            passengers over a route between a place in a State and a place
            in another State, the person operating the motor vehicle is
            lawfully providing transportation of passengers over the entire
            route in accordance with applicable State law.''.
    SEC. 23013. AMENDMENTS TO REGULATIONS RELATING TO TRANSPORTATION OF
    HOUSEHOLD GOODS IN INTERSTATE COMMERCE.
        (a) Definitions.--In this section:
            (1) Administration.--The term ``Administration'' means the
        Federal Motor Carrier Safety Administration.
            (2) Covered carrier.--The term ``covered carrier'' means a
        motor carrier that is--
                (A) engaged in the interstate transportation of household
            goods; and
                (B) subject to the requirements of part 375 of title 49,
            Code of Federal Regulations (as in effect on the effective date
            of any amendments made pursuant to the notice of proposed
            rulemaking issued under subsection (b)).
        (b) Amendments to Regulations.--Not later than 1 year after the
    date of enactment of this Act, the Secretary shall issue a notice of
    proposed rulemaking to amend, as the Secretary determines to be
    appropriate, regulations relating to the interstate transportation of
    household goods.
        (c) Considerations.--In issuing the notice of proposed rulemaking
    under subsection (b), the Secretary shall consider amending the
    following provisions of title 49, Code of Federal Regulations, in
    accordance with the following recommendations:
            (1) Section 375.207(b) to require each covered carrier to
        include on the website of the covered carrier a link--
                (A) to the publication of the Administration entitled
            ``Ready to Move-Tips for a Successful Interstate Move'' and
            numbered ESA-03-005 on the website of the Administration; or
                (B) to a copy of the publication referred to in
            subparagraph (A) on the website of the covered carrier.
            (2) Subsections (a) and (b)(1) of section 375.213 to require
        each covered carrier to provide to each individual shipper,
        together with any written estimate provided to the shipper, a copy
        of the publication described in appendix A of part 375 of that
        title, entitled ``Your Rights and Responsibilities When You Move''
        and numbered ESA-03-006 (or a successor publication), in the form
        of a written copy or a hyperlink on the website of the covered
        carrier to the location on the website of the Administration
        containing that publication.
            (3) Section 375.213 to repeal subsection (e) of that section.
            (4) Section 375.401(a) to require each covered carrier--
                (A) to conduct a visual survey of the household goods to be
            transported by the covered carrier--
                    (i) in person; or
                    (ii) virtually, using--

                        (I) a remote camera; or
                        (II) another appropriate technology;

                (B) to offer a visual survey described in subparagraph (A)
            for all household goods shipments, regardless of the distance
            between--
                    (i) the location of the household goods; and
                    (ii) the location of the agent of the covered carrier
                preparing the estimate; and
                (C) to provide to each shipper a copy of the publication of
            the Administration entitled ``Ready to Move-Tips for a
            Successful Interstate Move'' and numbered ESA-03-005 on receipt
            from the shipper of a request to schedule, or a waiver of, a
            visual survey offered under subparagraph (B).
            (5) Sections 375.401(b)(1), 375.403(a)(6)(ii), and
        375.405(b)(7)(ii), and subpart D of appendix A of part 375, to
        require that, in any case in which a shipper tenders any additional
        item or requests any additional service prior to loading a
        shipment, the affected covered carrier shall--
                (A) prepare a new estimate; and
                (B) maintain a record of the date, time, and manner in
            which the new estimate was accepted by the shipper.
            (6) Section 375.501(a), to establish that a covered carrier is
        not required to provide to a shipper an order for service if the
        covered carrier elects to provide the information described in
        paragraphs (1) through (15) of that section in a bill of lading
        that is presented to the shipper before the covered carrier
        receives the shipment.
            (7) Subpart H of part 375, to replace the replace the terms
        ``freight bill'' and ``expense bill'' with the term ``invoice''.
    SEC. 23014. IMPROVING FEDERAL-STATE MOTOR CARRIER SAFETY ENFORCEMENT
    COORDINATION.
        (a) Definitions.--In this section:
            (1) Covered state.--The term ``covered State'' means a State
        that receives Federal funds under the motor carrier safety
        assistance program established under section 31102 of title 49,
        United States Code.
            (2) Imminent hazard.--The term ``imminent hazard'' has the same
        meaning as in section 521 of title 49, United States Code.
        (b) Review and Enforcement of State Out-of-service Orders.--As soon
    as practicable after the date of enactment of this Act, the Secretary
    shall publish in the Federal Register a process under which the
    Secretary shall review each out-of-service order issued by a covered
    State in accordance with section 31144(d) of title 49, United States
    Code, by not later than 30 days after the date on which the out-of-
    service order is submitted to the Secretary by the covered State.
        (c) Review and Enforcement of State Imminent Hazard
    Determinations.--
            (1) In general.--As soon as practicable after the date of
        enactment of this Act, the Secretary shall publish in the Federal
        Register a process under which the Secretary shall review imminent
        hazard determinations made by covered States.
            (2) Enforcement.--On reviewing an imminent hazard determination
        under paragraph (1), the Secretary shall pursue enforcement under
        section 521 of title 49, United States Code, as the Secretary
        determines to be appropriate.
    SEC. 23015. LIMOUSINE RESEARCH.
        (a) Definitions.--In this section:
            (1) Limousine.--The term ``limousine'' means a motor vehicle--
                (A) that has a seating capacity of 9 or more persons
            (including the driver);
                (B) with a gross vehicle weight rating greater than 10,000
            pounds but not greater than 26,000 pounds;
                (C) that the Secretary has determined by regulation has
            physical characteristics resembling--
                    (i) a passenger car;
                    (ii) a multipurpose passenger vehicle; or
                    (iii) a truck with a gross vehicle weight rating of
                10,000 pounds or less; and
                (D) that is not a taxi, nonemergency medical, or
            paratransit motor vehicle.
            (2) Limousine operator.--The term ``limousine operator'' means
        a person who owns or leases, and uses, a limousine to transport
        passengers for compensation.
            (3) Motor vehicle safety standard.--The term ``motor vehicle
        safety standard'' has the meaning given the term in section
        30102(a) of title 49, United States Code.
            (4) State.--The term ``State'' has the meaning given such term
        in section 30102(a) of title 49, United States Code.
        (b) Crashworthiness.--
            (1) Research.--Not later than 4 years after the date of
        enactment of this Act, the Secretary shall complete research into
        the development of motor vehicle safety standards for side impact
        protection, roof crush resistance, and air bag systems for the
        protection of occupants in limousines with alternative seating
        positions, including perimeter seating arrangements.
            (2) Rulemaking or report.--
                (A) Crashworthiness standards.--
                    (i) In general.--Subject to clause (ii), not later than
                2 years after the date on which the research under
                paragraph (1) is completed, the Secretary shall prescribe,
                for the protection of occupants in limousines with
                alternative seating positions, a final motor vehicle safety
                standard for each of the following:

                        (I) Side impact protection.
                        (II) Roof crush resistance.
                        (III) Air bag systems.

                    (ii) Requirements and considerations.--The Secretary
                may only prescribe a motor vehicle safety standard
                described in clause (i) if the Secretary determines that
                the standard meets the requirements and considerations
                described in subsections (a) and (b) of section 30111 of
                title 49, United States Code.
                (B) Report.--If the Secretary determines that a motor
            vehicle safety standard described in subparagraph (A)(i) would
            not meet the requirements and considerations described in
            subsections (a) and (b) of section 30111 of title 49, United
            States Code, the Secretary shall publish in the Federal
            Register and submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on Energy and
            Commerce of the House of Representatives a report describing
            the reasons for not prescribing the standard.
        (c) Evacuation.--
            (1) Research.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall complete research into
        safety features and standards that aid evacuation in the event that
        an exit in the passenger compartment of a limousine is blocked.
            (2) Rulemaking or report.--
                (A) Limousine evacuation.--
                    (i) In general.--Subject to clause (ii), not later than
                2 years after the date on which the research under
                paragraph (1) is completed, the Secretary shall prescribe a
                final motor vehicle safety standard based on the results of
                that research.
                    (ii) Requirements and considerations.--The Secretary
                may only prescribe a motor vehicle safety standard
                described in clause (i) if the Secretary determines that
                the standard meets the requirements and considerations
                described in subsections (a) and (b) of section 30111 of
                title 49, United States Code.
                (B) Report.--If the Secretary determines that a standard
            described in subparagraph (A)(i) would not meet the
            requirements and considerations described in subsections (a)
            and (b) of section 30111 of title 49, United States Code, the
            Secretary shall publish in the Federal Register and submit to
            the Committee on Commerce, Science, and Transportation of the
            Senate and the Committee on Energy and Commerce of the House of
            Representatives a report describing the reasons for not
            prescribing the standard.
        (d) Limousine Inspection Disclosure.--
            (1) In general.--A limousine operator may not introduce a
        limousine into interstate commerce unless the limousine operator
        has prominently disclosed in a clear and conspicuous notice,
        including on the website of the operator if the operator has a
        website, the following:
                (A) The date of the most recent inspection of the limousine
            required under State or Federal law, if applicable.
                (B) The results of the inspection, if applicable.
                (C) Any corrective action taken by the limousine operator
            to ensure the limousine passed inspection, if applicable.
            (2) Federal trade commission enforcement.--
                (A) In general.--The Federal Trade Commission shall enforce
            this subsection in the same manner, by the same means, and with
            the same jurisdiction, powers, and duties as though all
            applicable terms and provisions of the Federal Trade Commission
            Act (15 U.S.C. 41 et seq.) were incorporated into and made a
            part of this subsection.
                (B) Treatment.--Any person who violates this subsection
            shall be subject to the penalties and entitled to the
            privileges and immunities provided in the Federal Trade
            Commission Act (15 U.S.C. 41 et seq.).
            (3) Savings provision.--Nothing in this subsection limits the
        authority of the Federal Trade Commission under any other provision
        of law.
            (4) Effective date.--This subsection shall take effect on the
        date that is 180 days after the date of enactment of this Act.
    SEC. 23016. NATIONAL CONSUMER COMPLAINT DATABASE.
        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Comptroller General of the United States
    shall submit to the Committee on Commerce, Science, and Transportation
    of the Senate and the Committee on Transportation and Infrastructure of
    the House of Representatives a report on the National Consumer
    Complaint Database of the Federal Motor Carrier Safety Administration.
        (b) Contents.--The report under subsection (a) shall include--
            (1) a review of the process and effectiveness of efforts to
        review and follow-up on complaints submitted to the National
        Consumer Complaint Database;
            (2) an identification of the top 5 complaint categories;
            (3) an identification of--
                (A) the process that the Federal Motor Carrier Safety
            Administration uses to determine which entities to take
            enforcement actions against; and
                (B) the top categories of enforcement actions taken by the
            Federal Motor Carrier Safety Administration;
            (4) a review of the use of the National Consumer Complaint
        Database website over the 5-year period ending on December 31,
        2020, including information obtained by conducting interviews with
        drivers, customers of movers of household goods, brokers, motor
        carriers, including small business motor carriers, and other users
        of the website to determine the usability of the website;
            (5) a review of efforts taken by the Federal Motor Carrier
        Safety Administration to raise awareness of the National Consumer
        Complaint Database; and
            (6) recommendations, as appropriate, including with respect to
        methods--
                (A) for improving the usability of the National Consumer
            Complaint Database website;
                (B) for improving the review of complaints;
                (C) for using data collected through the National Consumer
            Complaint Database to identify bad actors;
                (D) to improve confidence and transparency in the complaint
            process; and
                (E) for improving stakeholder awareness of and
            participation in the National Consumer Complaint Database and
            the complaint system, including improved communication about
            the purpose of the National Consumer Complaint Database.
    SEC. 23017. ELECTRONIC LOGGING DEVICE OVERSIGHT.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to Congress a report analyzing the cost and
    effectiveness of electronic logging devices and detailing the
    processes--
            (1) used by the Federal Motor Carrier Safety Administration--
                (A) to review electronic logging device logs; and
                (B) to protect proprietary information and personally
            identifiable information obtained from electronic logging
            device logs; and
            (2) through which an operator may challenge or appeal a
        violation notice issued by the Federal Motor Carrier Safety
        Administration relating to an electronic logging device.
    SEC. 23018. TRANSPORTATION OF AGRICULTURAL COMMODITIES AND FARM
    SUPPLIES.
        Section 229(a)(1) of the Motor Carrier Safety Improvement Act of
    1999 (49 U.S.C. 31136 note; Public Law 106-159) is amended--
            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following:
                ``(D) drivers transporting livestock (as defined in section
            602 of the Emergency Livestock Feed Assistance Act of 1988 (7
            U.S.C. 1471) including insects) within a 150 air-mile radius
            from the final destination of the livestock.''.
    SEC. 23019. MODIFICATION OF RESTRICTIONS ON CERTAIN COMMERCIAL DRIVER'S
    LICENSES.
        The Administrator of the Federal Motor Carrier Safety
    Administration shall revise section 383.3(f)(3)(ii) of title 49, Code
    of Federal Regulations (or a successor regulation), to provide that a
    restricted commercial driver's license issued to an employee in a farm-
    related service industry shall be limited to the applicable seasonal
    periods defined by the State issuing the restricted commercial driver's
    license, subject to the condition that the total number of days in any
    calendar year during which the restricted commercial driver's license
    is valid does not exceed 210.
    SEC. 23020. REPORT ON HUMAN TRAFFICKING VIOLATIONS INVOLVING COMMERCIAL
    MOTOR VEHICLES.
        Not later than 3 years after the date of enactment of this Act, and
    every 3 years thereafter, the Secretary, acting through the Department
    of Transportation Advisory Committee on Human Trafficking established
    under section 5(a) of the Combating Human Trafficking in Commercial
    Vehicles Act (Public Law 115-99; 131 Stat. 2243), shall coordinate with
    the Attorney General to prepare and submit to Congress a report
    relating to human trafficking violations involving commercial motor
    vehicles, which shall include recommendations for countering human
    trafficking, including an assessment of previous best practices by
    transportation stakeholders.
    SEC. 23021. BROKER GUIDANCE RELATING TO FEDERAL MOTOR CARRIER SAFETY
    REGULATIONS.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary shall issue guidance to clarify the
    definitions of the terms ``broker'' and ``bona fide agents'' in section
    371.2 of title 49, Code of Federal Regulations.
        (b) Considerations.--In issuing guidance under subsection (a), the
    Secretary shall take into consideration--
            (1) the extent to which technology has changed the nature of
        freight brokerage;
            (2) the role of bona fide agents; and
            (3) other aspects of the freight transportation industry.
        (c) Dispatch Services.--In issuing guidance under subsection (a),
    the Secretary shall, at a minimum--
            (1) examine the role of a dispatch service in the
        transportation industry;
            (2) examine the extent to which dispatch services could be
        considered brokers or bona fide agents; and
            (3) clarify the level of financial penalties for unauthorized
        brokerage activities under section 14916 of title 49, United States
        Code, applicable to a dispatch service.
    SEC. 23022. APPRENTICESHIP PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Apprentice.--The term ``apprentice'' means an individual
        who--
                (A) is under the age of 21; and
                (B) holds a commercial driver's license.
            (2) Commercial driver's license.--The term ``commercial
        driver's license'' has the meaning given the term in section 31301
        of title 49, United States Code.
            (3) Commercial motor vehicle.--The term ``commercial motor
        vehicle'' has the meaning given the term in section 390.5 of title
        49, Code of Federal Regulations (as in effect on the date of
        enactment of this Act).
            (4) Driving time.--The term ``driving time'' has the meaning
        given the term in section 395.2 of title 49, Code of Federal
        Regulations (as in effect on the date of enactment of this Act).
            (5) Experienced driver.--The term ``experienced driver'' means
        an individual who--
                (A) is not younger than 26 years of age;
                (B) has held a commercial driver's license for the 2-year
            period ending on the date on which the individual serves as an
            experienced driver under subsection (b)(2)(C)(ii);
                (C) during the 2-year period ending on the date on which
            the individual serves as an experienced driver under subsection
            (b)(2)(C)(ii), has had no--
                    (i) preventable accidents reportable to the Department;
                or
                    (ii) pointed moving violations; and
                (D) has a minimum of 5 years of experience driving a
            commercial motor vehicle in interstate commerce.
            (6) On-duty time.--The term ``on-duty time'' has the meaning
        given the term in section 395.2 of title 49, Code of Federal
        Regulations (as in effect on the date of enactment of this Act).
            (7) Pointed moving violation.--The term ``pointed moving
        violation'' means a violation that results in points being added to
        the license of a driver, or a similar comparable violation, as
        determined by the Secretary.
        (b) Pilot Program.--
            (1) In general.--Not later than 60 days after the date of
        enactment of this Act, the Secretary shall establish, in accordance
        with section 31315(c) of title 49, United States Code, a pilot
        program allowing employers to establish the apprenticeship programs
        described in paragraph (2).
            (2) Description of apprenticeship program.--An apprenticeship
        program referred to in paragraph (1) is a program that consists of
        the following requirements:
                (A) 120-hour probationary period.--
                    (i) In general.--The apprentice shall complete 120
                hours of on-duty time, of which not less than 80 hours
                shall be driving time in a commercial motor vehicle.
                    (ii) Performance benchmarks.--To complete the 120-hour
                probationary period under clause (i), the employer of an
                apprentice shall determine that the apprentice is competent
                in each of the following areas:

                        (I) Interstate, city traffic, rural 2-lane, and
                    evening driving.
                        (II) Safety awareness.
                        (III) Speed and space management.
                        (IV) Lane control.
                        (V) Mirror scanning.
                        (VI) Right and left turns.
                        (VII) Logging and complying with rules relating to
                    hours of service.

                (B) 280-hour probationary period.--
                    (i) In general.--After completing the 120-hour
                probationary period under subparagraph (A), an apprentice
                shall complete 280 hours of on-duty time, of which not less
                than 160 hours shall be driving time in a commercial motor
                vehicle.
                    (ii) Performance benchmarks.--To complete the 280-hour
                probationary period under clause (i), the employer of an
                apprentice shall determine that the apprentice is competent
                in each of the following areas:

                        (I) Backing and maneuvering in close quarters.
                        (II) Pretrip inspections.
                        (III) Fueling procedures.
                        (IV) Weighing loads, weight distribution, and
                    sliding tandems.
                        (V) Coupling and uncoupling procedures.
                        (VI) Trip planning, truck routes, map reading,
                    navigation, and permits.

                (C) Restrictions for probationary periods.--During the 120-
            hour probationary period under subparagraph (A) and the 280-
            hour probationary period under subparagraph (B)--
                    (i) an apprentice may only drive a commercial motor
                vehicle that has--

                        (I) an automatic manual or automatic transmission;
                        (II) an active braking collision mitigation system;
                        (III) a forward-facing video event capture system;
                    and
                        (IV) a governed speed of 65 miles per hour--

                            (aa) at the pedal; and
                            (bb) under adaptive cruise control; and
                    (ii) an apprentice shall be accompanied in the
                passenger seat of the commercial motor vehicle by an
                experienced driver.
                (D) Records retention.--The employer of an apprentice shall
            maintain records, in a manner required by the Secretary,
            relating to the satisfaction of the performance benchmarks
            described in subparagraphs (A)(ii) and (B)(ii) by the
            apprentice.
                (E) Reportable incidents.--If an apprentice is involved in
            a preventable accident reportable to the Department or a
            pointed moving violation while driving a commercial motor
            vehicle as part of an apprenticeship program described in this
            paragraph, the apprentice shall undergo remediation and
            additional training until the apprentice can demonstrate, to
            the satisfaction of the employer, competence in each of the
            performance benchmarks described in subparagraphs (A)(ii) and
            (B)(ii).
                (F) Completion of program.--An apprentice shall be
            considered to have completed an apprenticeship program on the
            date on which the apprentice completes the 280-hour
            probationary period under subparagraph (B).
                (G) Minimum requirements.--
                    (i) In general.--Nothing in this section prevents an
                employer from imposing any additional requirement on an
                apprentice participating in an apprenticeship program
                established under this section.
                    (ii) Technologies.--Nothing in this section prevents an
                employer from requiring or installing in a commercial motor
                vehicle any technology in addition to the technologies
                described in subparagraph (C)(i).
            (3) Apprentices.--An apprentice may--
                (A) drive a commercial motor vehicle in interstate commerce
            while participating in the 120-hour probationary period under
            paragraph (2)(A) or the 280-hour probationary period under
            paragraph (2)(B) pursuant to an apprenticeship program
            established by an employer in accordance with this section; and
                (B) drive a commercial motor vehicle in interstate commerce
            after the apprentice completes an apprenticeship program
            described in paragraph (2), unless the Secretary determines
            there exists a safety concern.
            (4) Limitation.--The Secretary may not allow more than 3,000
        apprentices at any 1 time to participate in the pilot program
        established under paragraph (1).
        (c) Termination.--Effective beginning on the date that is 3 years
    after the date of establishment of the pilot program under subsection
    (b)(1)--
            (1) the pilot program shall terminate; and
            (2) any driver under the age of 21 who has completed an
        apprenticeship program described in subsection (b)(2) may drive a
        commercial motor vehicle in interstate commerce, unless the
        Secretary determines there exists a safety concern.
        (d) No Effect on License Requirement.--Nothing in this section
    exempts an apprentice from any requirement to hold a commercial
    driver's license in order to operate a commercial motor vehicle.
        (e) Data Collection.--The Secretary shall collect and analyze--
            (1) data relating to any incident in which an apprentice
        participating in the pilot program established under subsection
        (b)(1) is involved;
            (2) data relating to any incident in which a driver under the
        age of 21 operating a commercial motor vehicle in intrastate
        commerce is involved; and
            (3) such other data relating to the safety of apprentices aged
        18 to 20 years operating in interstate commerce as the Secretary
        determines to be necessary.
        (f) Limitation.--A driver under the age of 21 participating in the
    pilot program under this section may not--
            (1) transport--
                (A) a passenger; or
                (B) hazardous cargo; or
            (2) operate a commercial motor vehicle--
                (A) in special configuration; or
                (B) with a gross vehicle weight rating of more than 80,000
            pounds.
        (g) Report to Congress.--Not later than 120 days after the date of
    conclusion of the pilot program under subsection (b), the Secretary
    shall submit to Congress a report including--
            (1) the findings and conclusions resulting from the pilot
        program, including with respect to technologies or training
        provided by commercial motor carriers for apprentices as part of
        the pilot program to successfully improve safety;
            (2) an analysis of the safety record of apprentices
        participating in the pilot program, as compared to other commercial
        motor vehicle drivers;
            (3) the number of drivers that discontinued participation in
        the apprenticeship program before completion;
            (4) a comparison of the safety records of participating drivers
        before, during, and after the probationary periods under
        subparagraphs (A) and (B) of subsection (b)(2);
            (5) a comparison, for each participating driver, of average on-
        duty time, driving time, and time spent away from home terminal
        before, during, and after the probationary periods referred to in
        paragraph (4); and
            (6) a recommendation, based on the data collected, regarding
        whether the level of safety achieved by the pilot program is
        equivalent to, or greater than, the level of safety for equivalent
        commercial motor vehicle drivers aged 21 years or older.
        (h) Rule of Construction.--Nothing in this section affects the
    authority of the Secretary under section 31315 of title 49, United
    States Code, with respect to the pilot program established under
    subsection (b)(1), including the authority to revoke participation in,
    and terminate, the pilot program under paragraphs (3) and (4) of
    subsection (c) of that section.
        (i) Driver Compensation Study.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary, acting through the
        Administrator of the Federal Motor Carrier Safety Administration,
        shall offer to enter into a contract with the Transportation
        Research Board under which the Transportation Research Board shall
        conduct a study of the impacts of various methods of driver
        compensation on safety and driver retention, including--
                (A) hourly pay;
                (B) payment for detention time; and
                (C) other payment methods used in the industry as of the
            date on which the study is conducted.
            (2) Consultation.--In conducting the study under paragraph (1),
        the Transportation Research Board shall consult with--
                (A) labor organizations representing commercial motor
            vehicle drivers;
                (B) representatives of the motor carrier industry,
            including owner-operators; and
                (C) such other stakeholders as the Transportation Research
            Board determines to be relevant.
    SEC. 23023. LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY STANDARDS.
        (a) Limousine Standards.--
            (1) Safety belt and seating system standards for limousines.--
        Not later than 2 years after the date of enactment of this Act, the
        Secretary shall prescribe a final rule that--
                (A) amends Federal Motor Vehicle Safety Standard Numbers
            208, 209, and 210 to require to be installed in limousines on
            each designated seating position, including on side-facing
            seats--
                    (i) an occupant restraint system consisting of
                integrated lap-shoulder belts; or
                    (ii) an occupant restraint system consisting of a lap
                belt, if an occupant restraint system described in clause
                (i) does not meet the need for motor vehicle safety; and
                (B) amends Federal Motor Vehicle Safety Standard Number 207
            to require limousines to meet standards for seats (including
            side-facing seats), seat attachment assemblies, and seat
            installation to minimize the possibility of failure by forces
            acting on the seats, attachment assemblies, and installations
            as a result of motor vehicle impact.
            (2) Report on retrofit assessment for limousines.--Not later
        than 2 years after the date of enactment of this Act, the Secretary
        shall submit to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Energy and
        Commerce of the House of Representatives a report that assesses the
        feasibility, benefits, and costs with respect to the application of
        any requirement established under paragraph (1) to a limousine
        introduced into interstate commerce before the date on which the
        requirement takes effect.
        (b) Modifications of Certain Vehicles.--The final rule prescribed
    under subsection (a)(1) and any standards prescribed under subsection
    (b) or (c) of section 23015 shall apply to a person modifying a
    passenger motor vehicle (as defined in section 32101 of title 49,
    United States Code) that has already been purchased by the first
    purchaser (as defined in section 30102(b) of that title) by increasing
    the wheelbase of the vehicle to make the vehicle a limousine.
        (c) Application.--The requirements of this section apply
    notwithstanding section 30112(b)(1) of title 49, United States Code.

                   TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY
                       Subtitle A--Highway Traffic Safety

    SEC. 24101. AUTHORIZATION OF APPROPRIATIONS.
        (a) In General.--The following amounts are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
            (1) Highway safety programs.--To carry out section 402 of title
        23, United States Code--
                (A) $363,400,000 for fiscal year 2022;
                (B) $370,900,000 for fiscal year 2023;
                (C) $378,400,000 for fiscal year 2024;
                (D) $385,900,000 for fiscal year 2025; and
                (E) $393,400,000 for fiscal year 2026.
            (2) Highway safety research and development.--To carry out
        section 403 of title 23, United States Code--
                (A) $186,000,000 for fiscal year 2022;
                (B) $190,000,000 for fiscal year 2023;
                (C) $194,000,000 for fiscal year 2024;
                (D) $198,000,000 for fiscal year 2025; and
                (E) $202,000,000 for fiscal year 2026.
            (3) High-visibility enforcement program.--To carry out section
        404 of title 23, United States Code--
                (A) $36,400,000 for fiscal year 2022;
                (B) $38,300,000 for fiscal year 2023;
                (C) $40,300,000 for fiscal year 2024;
                (D) $42,300,000 for fiscal year 2025; and
                (E) $44,300,000 for fiscal year 2026.
            (4) National priority safety programs.--To carry out section
        405 of title 23, United States Code--
                (A) $336,500,000 for fiscal year 2022;
                (B) $346,500,000 for fiscal year 2023;
                (C) $353,500,000 for fiscal year 2024;
                (D) $360,500,000 for fiscal year 2025; and
                (E) $367,500,000 for fiscal year 2026.
            (5) Administrative expenses.--For administrative and related
        operating expenses of the National Highway Traffic Safety
        Administration in carrying out chapter 4 of title 23, United States
        Code, and this title--
                (A) $38,000,000 for fiscal year 2022;
                (B) $39,520,000 for fiscal year 2023;
                (C) $41,100,800 for fiscal year 2024;
                (D) $42,744,832 for fiscal year 2025; and
                (E) $44,454,625 for fiscal year 2026.
            (6) National driver register.--For the National Highway Traffic
        Safety Administration to carry out chapter 303 of title 49, United
        States Code--
                (A) $6,800,000 for fiscal year 2022;
                (B) $7,000,000 for fiscal year 2023;
                (C) $7,200,000 for fiscal year 2024;
                (D) $7,400,000 for fiscal year 2025; and
                (E) $7,600,000 for fiscal year 2026.
        (b) Prohibition on Other Uses.--Except as otherwise provided in
    chapter 4 of title 23, and chapter 303 of title 49, United States Code,
    the amounts made available under subsection (a) or any other provision
    of law from the Highway Trust Fund (other than the Mass Transit
    Account) for a program under those chapters--
            (1) shall only be used to carry out that program; and
            (2) may not be used by a State or local government for
        construction purposes.
        (c) Applicability of Title 23.--Except as otherwise provided in
    chapter 4 of title 23, and chapter 303 of title 49, United States Code,
    the amounts made available under subsection (a) for fiscal years 2022
    through 2026 shall be available for obligation in the same manner as if
    those funds were apportioned under chapter 1 of title 23, United States
    Code.
        (d) Highway Safety General Requirements.--
            (1) In general.--Chapter 4 of title 23, United States Code, is
        amended--
                (A) by redesignating sections 409 and 412 and sections 407
            and 408, respectively; and
                (B) by inserting after section 405 the following:
    ``Sec. 406. General requirements for Federal assistance
        ``(a) Definition of Funded Project.--In this section, the term
    `funded project' means a project funded, in whole or in part, by a
    grant provided under section 402 or 405.
        ``(b) Regulatory Authority.--Each funded project shall be carried
    out in accordance with applicable regulations promulgated by the
    Secretary.
        ``(c) State Matching Requirements.--If a grant provided under this
    chapter requires any State to share in the cost of a funded project,
    the aggregate of the expenditures made by the State (including any
    political subdivision of the State) for highway safety activities
    during a fiscal year, exclusive of Federal funds, for carrying out the
    funded project (other than expenditures for planning or administration)
    shall be credited toward the non-Federal share of the cost of any other
    funded project (other than planning and administration) during that
    fiscal year, regardless of whether those expenditures were made in
    connection with the project.
        ``(d) Grant Application and Deadline.--
            ``(1) Applications.--To be eligible to receive a grant under
        this chapter, a State shall submit to the Secretary an application
        at such time, in such manner, and containing such information as
        the Secretary may require.
            ``(2) Deadline.--The Secretary shall establish a single
        deadline for the submission of applications under paragraph (1) to
        enable the provision of grants under this chapter early in each
        applicable fiscal year beginning after the date of submission.
        ``(e) Distribution of Funds to States.--Not later than 60 days
    after the later of the start of a fiscal year or the date of enactment
    of any appropriations Act making funds available to carry out this
    chapter for that fiscal year, the Secretary shall distribute to each
    State the portion of those funds to which the State is entitled for the
    applicable fiscal year.''.
            (2) Clerical amendment.--The analysis for chapter 4 of title
        23, United States Code, is amended by striking the items relating
        to sections 406 through 412 and inserting the following:
    ``406. General requirements for Federal assistance.
    ``407. Discovery and admission as evidence of certain reports and
              surveys.
    ``408. Agency accountability.''.
    SEC. 24102. HIGHWAY SAFETY PROGRAMS.
        (a) In General.--Section 402 of title 23, United States Code, is
    amended--
            (1) by striking ``accidents'' each place it appears and
        inserting ``crashes'';
            (2) by striking ``accident'' each place it appears and
        inserting ``crash'';
            (3) in subsection (a)--
                (A) in paragraph (1), by striking ``shall have'' and all
            that follows through the period at the end and inserting the
            following: ``shall have in effect a highway safety program
            that--
                    ``(i) is designed to reduce--

                        ``(I) traffic crashes; and
                        ``(II) deaths, injuries, and property damage
                    resulting from those crashes;

                    ``(ii) includes--

                        ``(I) an approved, current, triennial highway
                    safety plan in accordance with subsection (k); and
                        ``(II) an approved grant application under
                    subsection (l) for the fiscal year;

                    ``(iii) demonstrates compliance with the applicable
                administrative requirements of subsection (b)(1); and
                    ``(iv) is approved by the Secretary.'';
                (B) in paragraph (2)(A)--
                    (i) in clause (ii), by striking ``occupant protection
                devices (including the use of safety belts and child
                restraint systems)'' and inserting ``safety belts'';
                    (ii) in clause (vii), by striking ``and'' at the end;
                    (iii) by redesignating clauses (iii) through (viii) as
                clauses (iv) through (ix), respectively;
                    (iv) by inserting after clause (ii) the following:
                    ``(iii) to encourage more widespread and proper use of
                child restraints, with an emphasis on underserved
                populations;''; and
                    (v) by adding at the end the following:
                    ``(x) to reduce crashes caused by driver misuse or
                misunderstanding of new vehicle technology;
                    ``(xi) to increase vehicle recall awareness;
                    ``(xii) to provide to the public information relating
                to the risks of child heatstroke death when left unattended
                in a motor vehicle after the motor is deactivated by the
                operator;
                    ``(xiii) to reduce injuries and deaths resulting from
                the failure by drivers of motor vehicles to move to another
                traffic lane or reduce the speed of the vehicle when law
                enforcement, fire service, emergency medical services, or
                other emergency or first responder vehicles are stopped or
                parked on or next to a roadway with emergency lights
                activated; and
                    ``(xiv) to prevent crashes, injuries, and deaths caused
                by unsecured vehicle loads;''; and
                (C) by adding at the end the following:
            ``(3) Additional considerations.--A State that has legalized
        medicinal or recreational marijuana shall take into consideration
        implementing programs in addition to the programs described in
        paragraph (2)(A)--
                ``(A) to educate drivers regarding the risks associated
            with marijuana-impaired driving; and
                ``(B) to reduce injuries and deaths resulting from
            individuals driving motor vehicles while impaired by
            marijuana.'';
            (4) in subsection (b)(1)--
                (A) in the matter preceding subparagraph (A), by striking
            ``may'' and inserting ``shall'';
                (B) by striking subparagraph (B) and inserting the
            following:
                ``(B) provide for a comprehensive, data-driven traffic
            safety program that results from meaningful public
            participation and engagement from affected communities,
            particularly those most significantly impacted by traffic
            crashes resulting in injuries and fatalities;'';
                (C) in subparagraph (C), by striking ``authorized in
            accordance with subparagraph (B)'';
                (D) in subparagraph (D), by striking ``with disabilities,
            including those in wheelchairs'' and inserting ``, including
            those with disabilities and those in wheelchairs'';
                (E) by striking subparagraph (E) and inserting the
            following:
                ``(E) as part of a comprehensive program, support--
                    ``(i) data-driven traffic safety enforcement programs
                that foster effective community collaboration to increase
                public safety; and
                    ``(ii) data collection and analysis to ensure
                transparency, identify disparities in traffic enforcement,
                and inform traffic enforcement policies, procedures, and
                activities; and''; and
                (F) in subparagraph (F)--
                    (i) in clause (i), by striking ``national law
                enforcement mobilizations and high-visibility'' and
                inserting ``national, high-visibility'';
                    (ii) in clause (iv), by striking ``and'' after the
                semicolon at the end;
                    (iii) in clause (v), by striking the period at the end
                and inserting ``; and''; and
                    (iv) by adding at the end the following:
                    ``(vi) unless the State highway safety program is
                developed by American Samoa, Guam, the Commonwealth of the
                Northern Mariana Islands, or the United States Virgin
                Islands, participation in the Fatality Analysis Reporting
                System.'';
            (5) in subsection (c)--
                (A) in paragraph (1)--
                    (i) by striking the paragraph designation and heading
                and all that follows through ``Funds authorized'' and
                inserting the following:
            ``(1) Use for state activities.--
                ``(A) In general.--The funds authorized''; and
                    (ii) by adding at the end the following:
                ``(B) Neighboring states.--A State, acting in cooperation
            with any neighboring State, may use funds provided under this
            section for a highway safety program that may confer a benefit
            on the neighboring State.'';
                (B) by striking paragraphs (2) and (3) and inserting the
            following:
            ``(2) Apportionment to states.--
                ``(A) Definition of public road.--In this paragraph, the
            term `public road' means any road that is--
                    ``(i) subject to the jurisdiction of, and maintained
                by, a public authority; and
                    ``(ii) held open to public travel.
                ``(B) Apportionment.--
                    ``(i) In general.--Except for the amounts identified in
                section 403(f) and the amounts subject to subparagraph (C),
                of the funds made available under this section--

                        ``(I) 75 percent shall be apportioned to each State
                    based on the ratio that, as determined by the most
                    recent decennial census--

                            ``(aa) the population of the State; bears to
                            ``(bb) the total population of all States; and

                        ``(II) 25 percent shall be apportioned to each
                    State based on the ratio that, subject to clause (ii)--

                            ``(aa) the public road mileage in each State;
                        bears to
                            ``(bb) the total public road mileage in all
                        States.
                    ``(ii) Calculation.--For purposes of clause (i)(II),
                public road mileage shall be--

                        ``(I) determined as of the end of the calendar year
                    preceding the year during which the funds are
                    apportioned;
                        ``(II) certified by the Governor of the State; and
                        ``(III) subject to approval by the Secretary.

                ``(C) Minimum apportionments.--The annual apportionment
            under this section to--
                    ``(i) each State shall be not less than \3/4\ of 1
                percent of the total apportionment;
                    ``(ii) the Secretary of the Interior shall be not less
                than 2 percent of the total apportionment; and
                    ``(iii) the United States Virgin Islands, Guam,
                American Samoa, and the Commonwealth of the Northern
                Mariana Islands shall be not less than \1/4\ of 1 percent
                of the total apportionment.
                ``(D) Penalty.--
                    ``(i) In general.--The funds apportioned under this
                section to a State that does not have approved or in effect
                a highway safety program described in subsection (a)(1)
                shall be reduced by an amount equal to not less than 20
                percent of the amount that would otherwise be apportioned
                to the State under this section, until the date on which
                the Secretary, as applicable--

                        ``(I) approves such a highway safety program; or
                        ``(II) determines that the State is implementing
                    such a program.

                    ``(ii) Factor for consideration.--In determining the
                amount of the reduction in funds apportioned to a State
                under this subparagraph, the Secretary shall take into
                consideration the gravity of the failure by the State to
                secure approval, or to implement, a highway safety program
                described in subsection (a)(1).
                ``(E) Limitations.--
                    ``(i) In general.--A highway safety program approved by
                the Secretary shall not include any requirement that a
                State shall implement such a program by adopting or
                enforcing any law, rule, or regulation based on a guideline
                promulgated by the Secretary under this section requiring
                any motorcycle operator aged 18 years or older, or a
                motorcycle passenger aged 18 years or older, to wear a
                safety helmet when operating or riding a motorcycle on the
                streets and highways of that State.
                    ``(ii) Effect of guidelines.--Nothing in this section
                requires a State highway safety program to require
                compliance with every uniform guideline, or with every
                element of every uniform guideline, in every State.
            ``(3) Reapportionment.--
                ``(A) In general.--The Secretary shall promptly apportion
            to a State any funds withheld from the State under paragraph
            (2)(D) if the Secretary makes an approval or determination, as
            applicable, described in that paragraph by not later than July
            31 of the fiscal year for which the funds were withheld.
                ``(B) Continuing state failure.--If the Secretary
            determines that a State fails to correct a failure to have
            approved or in effect a highway safety program described in
            subsection (a)(1) by the date described in subparagraph (A),
            the Secretary shall reapportion the funds withheld from that
            State under paragraph (2)(D) for the fiscal year to the other
            States in accordance with the formula described in paragraph
            (2)(B) by not later than the last day of the fiscal year.'';
            and
                (C) in paragraph (4)--
                    (i) by striking subparagraph (C);
                    (ii) by redesignating subparagraphs (A) and (B) as
                subparagraphs (B) and (A), respectively, and moving the
                subparagraphs so as to appear in alphabetical order; and
                    (iii) by adding at the end the following:
                ``(C) Special rule for school and work zones.--
            Notwithstanding subparagraph (B), a State may expend funds
            apportioned to the State under this section to carry out a
            program to purchase, operate, or maintain an automated traffic
            enforcement system in a work zone or school zone.
                ``(D) Automated traffic enforcement system guidelines.--An
            automated traffic enforcement system installed pursuant to
            subparagraph (C) shall comply with such guidelines applicable
            to speed enforcement camera systems and red light camera
            systems as are established by the Secretary.'';
            (6) in subsection (k)--
                (A) by striking the subsection designation and heading and
            all that follows through ``thereafter'' in paragraph (1) and
            inserting the following:
        ``(k) Triennial Highway Safety Plan.--
            ``(1) In general.--For fiscal year 2024, and not less
        frequently than once every 3 fiscal years thereafter'';
                (B) in paragraph (1), by striking ``for that fiscal year,
            to develop and submit to the Secretary for approval a highway
            safety plan'' and inserting ``for the 3 fiscal years covered by
            the plan, to develop and submit to the Secretary for approval a
            triennial highway safety plan'';
                (C) by striking paragraph (2) and inserting the following:
            ``(2) Timing.--Each State shall submit to the Secretary a
        triennial highway safety plan by not later than July 1 of the
        fiscal year preceding the first fiscal year covered by the plan.'';
                (D) in paragraph (3), by inserting ``triennial'' before
            ``highway'';
                (E) in paragraph (4)--
                    (i) in the matter preceding subparagraph (A)--

                        (I) by striking ``State highway safety plans'' and
                    inserting ``Each State triennial highway safety plan'';
                    and
                        (II) by inserting ``, with respect to the 3 fiscal
                    years covered by the plan, based on the information
                    available on the date of submission under paragraph
                    (2)'' after ``include'';

                    (ii) in subparagraph (A)(ii), by striking ``annual
                performance targets'' and inserting ``performance targets
                that demonstrate constant or improved performance'';
                    (iii) by striking subparagraph (B) and inserting the
                following:
                ``(B) a countermeasure strategy for programming funds under
            this section for projects that will allow the State to meet the
            performance targets described in subparagraph (A), including a
            description--
                    ``(i) that demonstrates the link between the
                effectiveness of each proposed countermeasure strategy and
                those performance targets; and
                    ``(ii) of the manner in which each countermeasure
                strategy is informed by uniform guidelines issued by the
                Secretary;'';
                    (iv) in subparagraph (D)--

                        (I) by striking ``, State, local, or private''; and
                        (II) by inserting ``and'' after the semicolon at
                    the end;

                    (v) in subparagraph (E)--

                        (I) by striking ``for the fiscal year preceding the
                    fiscal year to which the plan applies,''; and
                        (II) by striking ``performance targets set forth in
                    the previous year's highway safety plan; and'' and
                    inserting ``performance targets set forth in the most
                    recently submitted highway safety plan.''; and

                    (vi) by striking subparagraph (F);
                (F) by striking paragraph (5) and inserting the following:
            ``(5) Performance measures.--The Secretary shall develop
        minimum performance measures under paragraph (4)(A) in consultation
        with the Governors Highway Safety Association.''; and
                (G) in paragraph (6)--
                    (i) in the paragraph heading, by inserting
                ``triennial'' before ``highway'';
                    (ii) by redesignating subparagraphs (B) through (E) as
                subparagraphs (C) through (F), respectively;
                    (iii) in each of subparagraphs (C) through (F) (as so
                redesignated), by inserting ``triennial'' before
                ``highway'' each place it appears; and
                    (iv) by striking subparagraph (A) and inserting the
                following:
                ``(A) In general.--Except as provided in subparagraph (B),
            the Secretary shall review and approve or disapprove a
            triennial highway safety plan of a State by not later than 60
            days after the date on which the plan is received by the
            Secretary.
                ``(B) Additional information.--
                    ``(i) In general.--The Secretary may request a State to
                submit to the Secretary such additional information as the
                Secretary determines to be necessary for review of the
                triennial highway safety plan of the State.
                    ``(ii) Extension of deadline.--On providing to a State
                a request for additional information under clause (i), the
                Secretary may extend the deadline to approve or disapprove
                the triennial highway safety plan of the State under
                subparagraph (A) for not more than an additional 90 days,
                as the Secretary determines to be necessary to accommodate
                that request, subject to clause (iii).
                    ``(iii) Timing.--Any additional information requested
                under clause (i) shall be submitted to the Secretary by not
                later than 7 business days after the date of receipt by the
                State of the request.'';
            (7) by inserting after subsection (k) the following:
        ``(l) Annual Grant Application and Reporting Requirements.--
            ``(1) Annual grant application.--
                ``(A) In general.--To be eligible to receive grant funds
            under this chapter for a fiscal year, each State shall submit
            to the Secretary an annual grant application that, as
            determined by the Secretary--
                    ``(i) demonstrates alignment with the approved
                triennial highway safety plan of the State; and
                    ``(ii) complies with the requirements under this
                subsection.
                ``(B) Timing.--The deadline for submission of annual grant
            applications under this paragraph shall be determined by the
            Secretary in accordance with section 406(d)(2).
                ``(C) Contents.--An annual grant application under this
            paragraph shall include, at a minimum--
                    ``(i) such updates, as necessary, to any analysis
                included in the triennial highway safety plan of the State;
                    ``(ii) an identification of each project and
                subrecipient to be funded by the State using the grants
                during the upcoming grant year, subject to the condition
                that the State shall separately submit, on a date other
                than the date of submission of the annual grant
                application, a description of any projects or subrecipients
                to be funded, as that information becomes available;
                    ``(iii) a description of the means by which the
                strategy of the State to use grant funds was adjusted and
                informed by the previous report of the State under
                paragraph (2); and
                    ``(iv) an application for any additional grants
                available to the State under this chapter.
                ``(D) Review.--The Secretary shall review and approve or
            disapprove an annual grant application under this paragraph by
            not later than 60 days after the date of submission of the
            application.
            ``(2) Reporting requirements.--Not later than 120 days after
        the end of each fiscal year for which a grant is provided to a
        State under this chapter, the State shall submit to the Secretary
        an annual report that includes--
                ``(A) an assessment of the progress made by the State in
            achieving the performance targets identified in the triennial
            highway safety plan of the State, based on the most currently
            available Fatality Analysis Reporting System data; and
                ``(B)(i) a description of the extent to which progress made
            in achieving those performance targets is aligned with the
            triennial highway safety plan of the State; and
                ``(ii) if applicable, any plans of the State to adjust a
            strategy for programming funds to achieve the performance
            targets.'';
            (8) in subsection (m)(1), by striking ``a State's highway
        safety plan'' and inserting ``the applicable triennial highway
        safety plan of the State''; and
            (9) by striking subsection (n) and inserting the following:
        ``(n) Public Transparency.--
            ``(1) In general.--The Secretary shall publicly release on a
        Department of Transportation website, by not later than 45 calendar
        days after the applicable date of availability--
                ``(A) each triennial highway safety plan approved by the
            Secretary under subsection (k);
                ``(B) each State performance target under subsection (k);
            and
                ``(C) an evaluation of State achievement of applicable
            performance targets under subsection (k).
            ``(2) State highway safety plan website.--
                ``(A) In general.--In carrying out paragraph (1), the
            Secretary shall establish a public website that is easily
            accessible, navigable, and searchable for the information
            required under that paragraph, in order to foster greater
            transparency in approved State highway safety programs.
                ``(B) Contents.--The website established under subparagraph
            (A) shall--
                    ``(i) include the applicable triennial highway safety
                plan, and the annual report, of each State submitted to,
                and approved by, the Secretary under subsection (k); and
                    ``(ii) provide a means for the public to search the
                website for State highway safety program content required
                under subsection (k), including--

                        ``(I) performance measures required by the
                    Secretary;
                        ``(II) progress made toward meeting the applicable
                    performance targets during the preceding program year;
                        ``(III) program areas and expenditures; and
                        ``(IV) a description of any sources of funds, other
                    than funds provided under this section, that the State
                    proposes to use to carry out the triennial highway
                    safety plan of the State.''.

        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect with respect to any grant application or State highway
    safety plan submitted under chapter 4 of title 23, United States Code,
    for fiscal year 2024 or thereafter.
    SEC. 24103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
        Section 403 of title 23, United States Code, is amended--
            (1) by striking ``accident'' each place it appears and
        inserting ``crash'';
            (2) in subsection (b)(1), in the matter preceding subparagraph
        (A), by inserting ``, training, education,'' after ``demonstration
        projects'';
            (3) in subsection (f)(1)--
                (A) by striking ``$2,500,000'' and inserting
            ``$3,500,000''; and
                (B) by striking ``subsection 402(c) in each fiscal year
            ending before October 1, 2015, and $443,989 of the total amount
            available for apportionment to the States for highway safety
            programs under section 402(c) in the period beginning on
            October 1, 2015, and ending on December 4, 2015,'' and
            inserting ``section 402(c) in each fiscal year'';
            (4) in subsection (h)--
                (A) in paragraph (2), by striking ``2017 through 2021 not
            more than $26,560,000' to conduct the research described in
            paragraph (1)'' and inserting ``2022 through 2025, not more
            than $45,000,000 to conduct the research described in paragraph
            (2)'';
                (B) in paragraph (5)(A), by striking ``section
            30102(a)(6)'' and inserting ``section 30102(a)''; and
                (C) by redesignating paragraphs (1), (2), (3), (4), and (5)
            as paragraphs (2), (3), (4), (5), and (1), respectively, and
            moving the paragraphs so as to appear in numerical order; and
            (5) by adding at the end the following:
        ``(k) Child Safety Campaign.--
            ``(1) In general.--The Secretary shall carry out an education
        campaign to reduce the incidence of vehicular heatstroke of
        children left in passenger motor vehicles (as defined in section
        30102(a) of title 49).
            ``(2) Advertising.--The Secretary may use, or authorize the use
        of, funds made available to carry out this section to pay for the
        development, production, and use of broadcast and print media
        advertising and Internet-based outreach for the education campaign
        under paragraph (1).
            ``(3) Coordination.--In carrying out the education campaign
        under paragraph (1), the Secretary shall coordinate with--
                ``(A) interested State and local governments;
                ``(B) private industry; and
                ``(C) other parties, as determined by the Secretary.
        ``(l) Development of State Processes for Informing Consumers of
    Recalls.--
            ``(1) Definitions.--In this subsection:
                ``(A) Motor vehicle.--The term `motor vehicle' has the
            meaning given the term in section 30102(a) of title 49.
                ``(B) Open recall.--The term `open recall' means a motor
            vehicle recall--
                    ``(i) for which a notification by a manufacturer has
                been provided under section 30119 of title 49; and
                    ``(ii) that has not been remedied under section 30120
                of that title.
                ``(C) Program.--The term `program' means the program
            established under paragraph (2)(A).
                ``(D) Registration.--The term `registration' means the
            process for registering a motor vehicle in a State (including
            registration renewal).
                ``(E) State.--The term `State' has the meaning given the
            term in section 101(a).
            ``(2) Grants.--
                ``(A) Establishment of program.--Not later than 2 years
            after the date of enactment of this subsection, the Secretary
            shall establish a program under which the Secretary shall
            provide grants to States for use in developing and implementing
            State processes for informing each applicable owner and lessee
            of a motor vehicle of any open recall on the motor vehicle at
            the time of registration of the motor vehicle in the State, in
            accordance with this paragraph.
                ``(B) Eligibility.--To be eligible to receive a grant under
            the program, a State shall--
                    ``(i) submit to the Secretary an application at such
                time, in such manner, and containing such information as
                the Secretary may require; and
                    ``(ii) agree--

                        ``(I) to notify each owner or lessee of a motor
                    vehicle presented for registration in the State of any
                    open recall on that motor vehicle; and
                        ``(II) to provide to each owner or lessee of a
                    motor vehicle presented for registration, at no cost--

                            ``(aa) the open recall information for the
                        motor vehicle; and
                            ``(bb) such other information as the Secretary
                        may require.
                ``(C) Factors for consideration.--In selecting grant
            recipients under the program, the Secretary shall take into
            consideration the methodology of a State for--
                    ``(i) identifying open recalls on a motor vehicle;
                    ``(ii) informing each owner and lessee of a motor
                vehicle of an open recall; and
                    ``(iii) measuring performance in--

                        ``(I) informing owners and lessees of open recalls;
                    and
                        ``(II) remedying open recalls.

                ``(D) Performance period.--A grant provided under the
            program shall require a performance period of 2 years.
                ``(E) Report.--Not later than 90 days after the date of
            completion of the performance period under subparagraph (D),
            each State that receives a grant under the program shall submit
            to the Secretary a report that contains such information as the
            Secretary considers to be necessary to evaluate the extent to
            which open recalls have been remedied in the State.
                ``(F) No regulations required.--Notwithstanding any other
            provision of law, the Secretary shall not be required to issue
            any regulations to carry out the program.
            ``(3) Paperwork reduction act.--Chapter 35 of title 44
        (commonly known as the `Paperwork Reduction Act') shall not apply
        to information collected under the program.
            ``(4) Funding.--
                ``(A) In general.--For each of fiscal years 2022 through
            2026, the Secretary shall obligate from funds made available to
            carry out this section $1,500,000 to carry out the program.
                ``(B) Reallocation.--To ensure, to the maximum extent
            practicable, that all amounts described in subparagraph (A) are
            obligated each fiscal year, the Secretary, before the last day
            of any fiscal year, may reallocate any of those amounts
            remaining available to increase the amounts made available to
            carry out any other activities authorized under this section.
        ``(m) Innovative Highway Safety Countermeasures.--
            ``(1) In general.--In conducting research under this section,
        the Secretary shall evaluate the effectiveness of innovative
        behavioral traffic safety countermeasures, other than traffic
        enforcement, that are considered promising or likely to be
        effective for the purpose of enriching revisions to the document
        entitled `Countermeasures That Work: A Highway Safety
        Countermeasure Guide for State Highway Safety Offices, Ninth
        Edition' and numbered DOT HS 812 478 (or any successor document).
            ``(2) Treatment.--The research described in paragraph (1) shall
        be in addition to any other research carried out under this
        section.''.
    SEC. 24104. HIGH-VISIBILITY ENFORCEMENT PROGRAMS.
        Section 404(a) of title 23, United States Code, is amended by
    striking ``each of fiscal years 2016 through 2020'' and inserting
    ``each of fiscal years 2022 through 2026''.
    SEC. 24105. NATIONAL PRIORITY SAFETY PROGRAMS.
        (a) In General.--Section 405 of title 23, United States Code, is
    amended--
            (1) in subsection (a)--
                (A) by striking paragraphs (6) and (9);
                (B) by redesignating paragraphs (1) through (5) as
            paragraphs (2) through (6), respectively;
                (C) by striking the subsection designation and heading and
            all that follows through ``the following:'' in the matter
            preceding paragraph (2) (as so redesignated) and inserting the
            following:
        ``(a) Program Authority.--
            ``(1) In general.--Subject to the requirements of this section,
        the Secretary shall--
                ``(A) manage programs to address national priorities for
            reducing highway deaths and injuries; and
                ``(B) allocate funds for the purpose described in
            subparagraph (A) in accordance with this subsection.'';
                (D) in paragraph (4) (as so redesignated), by striking
            ``52.5 percent'' and inserting ``53 percent'';
                (E) in paragraph (7)--
                    (i) by striking ``5 percent'' and inserting ``7
                percent''; and
                    (ii) by striking ``subsection (h)'' and inserting
                ``subsection (g)'';
                (F) by redesignating paragraphs (8) and (10) as paragraphs
            (10) and (11), respectively;
                (G) by inserting after paragraph (7) the following:
            ``(8) Preventing roadside deaths.--In each fiscal year, 1
        percent of the funds provided under this section shall be allocated
        among States that meet requirements with respect to preventing
        roadside deaths under subsection (h).
            ``(9) Driver officer safety education.--In each fiscal year,
        1.5 percent of the funds provided under this section shall be
        allocated among States that meet requirements with respect to
        driver and officer safety education under subsection (i).''; and
                (H) in paragraph (10) (as so redesignated)--
                    (i) by striking ``(1) through (7)'' and inserting ``(2)
                through (9)''; and
                    (ii) by striking ``(b) through (h)'' and inserting
                ``(b) through (i)'';
            (2) in subsection (b)--
                (A) in paragraph (1), by striking ``of Transportation'';
                (B) in paragraph (3)(B)(ii)(VI)(aa), by striking ``3-year''
            and inserting ``5-year''; and
                (C) in paragraph (4)--
                    (i) in subparagraph (A), by striking clause (v) and
                inserting the following:
                    ``(v) implement programs--

                        ``(I) to recruit and train nationally certified
                    child passenger safety technicians among police
                    officers, fire and other first responders, emergency
                    medical personnel, and other individuals or
                    organizations serving low-income and underserved
                    populations;
                        ``(II) to educate parents and caregivers in low-
                    income and underserved populations regarding the
                    importance of proper use and correct installation of
                    child restraints on every trip in a motor vehicle; and
                        ``(III) to purchase and distribute child restraints
                    to low-income and underserved populations; and''; and

                    (ii) by striking subparagraph (B) and inserting the
                following:
                ``(B) Requirements.--Each State that is eligible to receive
            funds--
                    ``(i) under paragraph (3)(A) shall use--

                        ``(I) not more than 90 percent of those funds to
                    carry out a project or activity eligible for funding
                    under section 402; and
                        ``(II) not less than 10 percent of those funds to
                    carry out subparagraph (A)(v); and

                    ``(ii) under paragraph (3)(B) shall use not less than
                10 percent of those funds to carry out the activities
                described in subparagraph (A)(v).'';
            (3) in subsection (c)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``of Transportation''; and
                    (ii) in subparagraph (D), by striking ``States; and''
                and inserting ``States, including the National EMS
                Information System;'';
                (B) in paragraph (3)--
                    (i) by striking the paragraph designation and heading
                and all that follows through ``has a functioning'' in
                subparagraph (A) and inserting the following:
            ``(3) Eligibility.--A State shall not be eligible to receive a
        grant under this subsection for a fiscal year unless the State--
                ``(A) has certified to the Secretary that the State--
                    ``(i) has a functioning'';
                    (ii) in subparagraph (B)--

                        (I) by adding ``and'' after the semicolon at the
                    end; and
                        (II) by redesignating the subparagraph as clause
                    (ii) of subparagraph (A) and indenting the clause
                    appropriately;

                    (iii) in subparagraph (C)--

                        (I) by adding ``and'' after the semicolon at the
                    end; and
                        (II) by redesignating the subparagraph as clause
                    (iii) of subparagraph (A) and indenting the clause
                    appropriately;

                    (iv) by redesignating subparagraph (D) as subparagraph
                (B);
                    (v) in clause (vi) of subparagraph (B) (as so
                redesignated), by striking ``; and'' and inserting a
                period; and
                    (vi) by striking subparagraph (E);
                (C) by striking paragraph (4) and inserting the following:
            ``(4) Use of grant amounts.--A State may use a grant received
        under this subsection to make data program improvements to core
        highway safety databases relating to quantifiable, measurable
        progress in any significant data program attribute described in
        paragraph (3)(B), including through--
                ``(A) software or applications to identify, collect, and
            report data to State and local government agencies, and enter
            data into State core highway safety databases, including crash,
            citation or adjudication, driver, emergency medical services or
            injury surveillance system, roadway, and vehicle data;
                ``(B) purchasing equipment to improve a process by which
            data are identified, collated, and reported to State and local
            government agencies, including technology for use by law
            enforcement for near-real time, electronic reporting of crash
            data;
                ``(C) improving the compatibility and interoperability of
            the core highway safety databases of the State with national
            data systems and data systems of other States, including the
            National EMS Information System;
                ``(D) enhancing the ability of a State and the Secretary to
            observe and analyze local, State, and national trends in crash
            occurrences, rates, outcomes, and circumstances;
                ``(E) supporting traffic records improvement training and
            expenditures for law enforcement, emergency medical, judicial,
            prosecutorial, and traffic records professionals;
                ``(F) hiring traffic records professionals for the purpose
            of improving traffic information systems (including a State
            Fatal Accident Reporting System (FARS) liaison);
                ``(G) adoption of the Model Minimum Uniform Crash Criteria,
            or providing to the public information regarding why any of
            those criteria will not be used, if applicable;
                ``(H) supporting reporting criteria relating to emerging
            topics, including--
                    ``(i) impaired driving as a result of drug, alcohol, or
                polysubstance consumption; and
                    ``(ii) advanced technologies present on motor vehicles;
                and
                ``(I) conducting research relating to State traffic safety
            information systems, including developing programs to improve
            core highway safety databases and processes by which data are
            identified, collected, reported to State and local government
            agencies, and entered into State core safety databases.''; and
                (D) by adding at the end the following:
            ``(6) Technical assistance.--
                ``(A) In general.--The Secretary shall provide technical
            assistance to States, regardless of whether a State receives a
            grant under this subsection, with respect to improving the
            timeliness, accuracy, completeness, uniformity, integration,
            and public accessibility of State safety data that are needed
            to identify priorities for Federal, State, and local highway
            and traffic safety programs, including on adoption by a State
            of the Model Minimum Uniform Crash Criteria.
                ``(B) Funds.--The Secretary may use not more than 3 percent
            of the amounts available under this subsection to carry out
            subparagraph (A).'';
            (4) in subsection (d)--
                (A) in paragraph (4)--
                    (i) in subparagraph (B)--

                        (I) by striking clause (iii) and inserting the
                    following:

                    ``(iii) court support of impaired driving prevention
                efforts, including--

                        ``(I) hiring criminal justice professionals,
                    including law enforcement officers, prosecutors,
                    traffic safety resource prosecutors, judges, judicial
                    outreach liaisons, and probation officers;
                        ``(II) training and education of those
                    professionals to assist the professionals in preventing
                    impaired driving and handling impaired driving cases,
                    including by providing compensation to a law
                    enforcement officer to carry out safety grant
                    activities to replace a law enforcement officer who is
                    receiving drug recognition expert training or
                    participating as an instructor in that drug recognition
                    expert training; and
                        ``(III) establishing driving while intoxicated
                    courts;'';
                        (II) by striking clause (v) and inserting the
                    following:

                    ``(v) improving blood alcohol and drug concentration
                screening and testing, detection of potentially impairing
                drugs (including through the use of oral fluid as a
                specimen), and reporting relating to testing and
                detection;'';

                        (III) in clause (vi), by striking ``conducting
                    standardized field sobriety training, advanced roadside
                    impaired driving evaluation training, and'' and
                    inserting ``conducting initial and continuing
                    standardized field sobriety training, advanced roadside
                    impaired driving evaluation training, law enforcement
                    phlebotomy training, and'';
                        (IV) in clause (ix), by striking ``and'' at the
                    end;
                        (V) in clause (x), by striking the period at the
                    end and inserting ``; and''; and
                        (VI) by adding at the end the following:

                    ``(xi) testing and implementing programs, and
                purchasing technologies, to better identify, monitor, or
                treat impaired drivers, including--

                        ``(I) oral fluid-screening technologies;
                        ``(II) electronic warrant programs;
                        ``(III) equipment to increase the scope, quantity,
                    quality, and timeliness of forensic toxicology chemical
                    testing;
                        ``(IV) case management software to support the
                    management of impaired driving offenders; and
                        ``(V) technology to monitor impaired-driving
                    offenders, and equipment and related expenditures used
                    in connection with impaired-driving enforcement in
                    accordance with criteria established by the National
                    Highway Traffic Safety Administration.''; and

                    (ii) in subparagraph (C)--

                        (I) in the second sentence, by striking ``Medium-
                    range'' and inserting the following:

                    ``(ii) Medium-range and high-range states.--Subject to
                clause (iii), medium-range'';

                        (II) in the first sentence, by striking ``Low-
                    range'' and inserting the following:

                    ``(i) Low-range states.--Subject to clause (iii), low-
                range''; and

                        (III) by adding at the end the following:

                    ``(iii) Reporting and impaired driving measures.--A
                State may use grant funds for any expenditure relating to--

                        ``(I) increasing the timely and accurate reporting
                    to Federal, State, and local databases of--

                            ``(aa) crash information, including electronic
                        crash reporting systems that allow accurate real-
                        or near-real-time uploading of crash information;
                        and
                            ``(bb) impaired driving criminal justice
                        information; or

                        ``(II) researching or evaluating impaired driving
                    countermeasures.'';

                (B) in paragraph (6)--
                    (i) by striking subparagraph (A) and inserting the
                following:
                ``(A) Grants to states with alcohol-ignition interlock
            laws.--The Secretary shall make a separate grant under this
            subsection to each State that--
                    ``(i) adopts, and is enforcing, a mandatory alcohol-
                ignition interlock law for all individuals convicted of
                driving under the influence of alcohol or of driving while
                intoxicated;
                    ``(ii) does not allow an individual convicted of
                driving under the influence of alcohol or of driving while
                intoxicated to receive any driving privilege or driver's
                license unless the individual installs on each motor
                vehicle registered, owned, or leased for operation by the
                individual an ignition interlock for a period of not less
                than 180 days; or
                    ``(iii) has in effect, and is enforcing--

                        ``(I) a State law requiring for any individual who
                    is convicted of, or the driving privilege of whom is
                    revoked or denied for, refusing to submit to a chemical
                    or other appropriate test for the purpose of
                    determining the presence or concentration of any
                    intoxicating substance, a State law requiring a period
                    of not less than 180 days of ignition interlock
                    installation on each motor vehicle to be operated by
                    the individual; and
                        ``(II) a compliance-based removal program, under
                    which an individual convicted of driving under the
                    influence of alcohol or of driving while intoxicated
                    shall--

                            ``(aa) satisfy a period of not less than 180
                        days of ignition interlock installation on each
                        motor vehicle to be operated by the individual; and
                            ``(bb) have completed a minimum consecutive
                        period of not less than 40 percent of the required
                        period of ignition interlock installation
                        immediately preceding the date of release of the
                        individual, without a confirmed violation.''; and
                    (ii) in subparagraph (D), by striking ``2009'' and
                inserting ``2022''; and
                (C) in paragraph (7)(A), in the matter preceding clause
            (i), by inserting ``or local'' after ``authorizes a State'';
            (5) in subsection (e)--
                (A) by striking paragraphs (6) and (8);
                (B) by redesignating paragraphs (1), (2), (3), (4), (5),
            (7), and (9) as paragraphs (2), (4), (6), (7), (8), (9), and
            (1), respectively, and moving the paragraphs so as to appear in
            numerical order;
                (C) in paragraph (1) (as so redesignated)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``, the following definitions apply'';
                    (ii) by striking subparagraph (B) and inserting the
                following:
                ``(B) Personal wireless communications device.--
                    ``(i) In general.--The term `personal wireless
                communications device' means--

                        ``(I) a device through which personal wireless
                    services (as defined in section 332(c)(7)(C) of the
                    Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)))
                    are transmitted; and
                        ``(II) a mobile telephone or other portable
                    electronic communication device with which a user
                    engages in a call or writes, sends, or reads a text
                    message using at least 1 hand.

                    ``(ii) Exclusion.--The term `personal wireless
                communications device' does not include a global navigation
                satellite system receiver used for positioning, emergency
                notification, or navigation purposes.''; and
                    (iii) by striking subparagraph (E) and inserting the
                following:
                ``(E) Text.--The term `text' means--
                    ``(i) to read from, or manually to enter data into, a
                personal wireless communications device, including for the
                purpose of SMS texting, emailing, instant messaging, or any
                other form of electronic data retrieval or electronic data
                communication; and
                    ``(ii) manually to enter, send, or retrieve a text
                message to communicate with another individual or device.
                ``(F) Text message.--
                    ``(i) In general.--The term `text message' means--

                        ``(I) a text-based message;
                        ``(II) an instant message;
                        ``(III) an electronic message; and
                        ``(IV) email.

                    ``(ii) Exclusions.--The term `text message' does not
                include--

                        ``(I) an emergency, traffic, or weather alert; or
                        ``(II) a message relating to the operation or
                    navigation of a motor vehicle.'';

                (D) by striking paragraph (2) (as so redesignated) and
            inserting the following:
            ``(2) Grant program.--The Secretary shall provide a grant under
        this subsection to any State that includes distracted driving
        awareness as part of the driver's license examination of the State.
            ``(3) Allocation.--
                ``(A) In general.--For each fiscal year, not less than 50
            percent of the amounts made available to carry out this
            subsection shall be allocated to States, based on the
            proportion that--
                    ``(i) the apportionment of the State under section 402
                for fiscal year 2009; bears to
                    ``(ii) the apportionment of all States under section
                402 for that fiscal year.
                ``(B) Grants for states with distracted driving laws.--
                    ``(i) In general.--In addition to the allocations under
                subparagraph (A), for each fiscal year, not more than 50
                percent of the amounts made available to carry out this
                subsection shall be allocated to States that enact and
                enforce a law that meets the requirements of paragraph (4),
                (5), or (6)--

                        ``(I) based on the proportion that--

                            ``(aa) the apportionment of the State under
                        section 402 for fiscal year 2009; bears to
                            ``(bb) the apportionment of all States under
                        section 402 for that fiscal year; and

                        ``(II) subject to clauses (ii), (iii), and (iv), as
                    applicable.

                    ``(ii) Primary laws.--Subject to clause (iv), in the
                case of a State that enacts and enforces a law that meets
                the requirements of paragraph (4), (5), or (6) as a primary
                offense, the allocation to the State under this
                subparagraph shall be 100 percent of the amount calculated
                to be allocated to the State under clause (i)(I).
                    ``(iii) Secondary laws.--Subject to clause (iv), in the
                case of a State that enacts and enforces a law that meets
                the requirements of paragraph (4), (5), or (6) as a
                secondary enforcement action, the allocation to the State
                under this subparagraph shall be an amount equal to 50
                percent of the amount calculated to be allocated to the
                State under clause (i)(I).
                    ``(iv) Texting while driving.--Notwithstanding clauses
                (ii) and (iii), the allocation under this subparagraph to a
                State that enacts and enforces a law that prohibits a
                driver from viewing a personal wireless communications
                device (except for purposes of navigation) shall be 25
                percent of the amount calculated to be allocated to the
                State under clause (i)(I).'';
                (E) in paragraph (4) (as so redesignated)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``set forth in this'' and inserting ``of this'';
                    (ii) by striking subparagraph (B);
                    (iii) by redesignating subparagraphs (C) and (D) as
                subparagraphs (B) and (C), respectively;
                    (iv) in subparagraph (B) (as so redesignated), by
                striking ``minimum''; and
                    (v) in subparagraph (C) (as so redesignated), by
                striking ``text through a personal wireless communication
                device'' and inserting ``use a personal wireless
                communications device for texting'';
                (F) by inserting after paragraph (4) (as so redesignated)
            the following:
            ``(5) Prohibition on handheld phone use while driving.--A State
        law meets the requirements of this paragraph if the law--
                ``(A) prohibits a driver from holding a personal wireless
            communications device while driving;
                ``(B) establishes a fine for a violation of that law; and
                ``(C) does not provide for an exemption that specifically
            allows a driver to use a personal wireless communications
            device for texting while stopped in traffic.'';
                (G) in paragraph (6) (as so redesignated)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``set forth in this'' and inserting ``of this'';
                    (ii) in subparagraph (A)(ii), by striking ``set forth
                in subsection (g)(2)(B)'';
                    (iii) by striking subparagraphs (B) and (D);
                    (iv) by redesignating subparagraph (C) as subparagraph
                (B);
                    (v) in subparagraph (B) (as so redesignated), by
                striking ``minimum''; and
                    (vi) by adding at the end the following:
                ``(C) does not provide for--
                    ``(i) an exemption that specifically allows a driver to
                use a personal wireless communications device for texting
                while stopped in traffic; or
                    ``(ii) an exemption described in paragraph (7)(E).'';
                and
                (H) in paragraph (7) (as so redesignated)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``set forth in paragraph (2) or (3)'' and
                inserting ``of paragraph (4), (5), or (6)'';
                    (ii) by striking subparagraph (A) and inserting the
                following:
                ``(A) a driver who uses a personal wireless communications
            device during an emergency to contact emergency services to
            prevent injury to persons or property;'';
                    (iii) in subparagraph (C), by striking ``and'' at the
                end;
                    (iv) by redesignating subparagraph (D) as subparagraph
                (F); and
                    (v) by inserting after subparagraph (C) the following:
                ``(D) a driver who uses a personal wireless communications
            device for navigation;
                ``(E) except for a law described in paragraph (6), the use
            of a personal wireless communications device--
                    ``(i) in a hands-free manner;
                    ``(ii) with a hands-free accessory; or
                    ``(iii) with the activation or deactivation of a
                feature or function of the personal wireless communications
                device with the motion of a single swipe or tap of the
                finger of the driver; and'';
            (6) in subsection (f)(3)--
                (A) in subparagraph (A)(i), by striking ``accident'' and
            inserting ``crash'';
                (B) by redesignating subparagraphs (C) through (F) as
            subparagraphs (D) through (G), respectively;
                (C) by inserting after subparagraph (B) the following:
                ``(C) Helmet law.--A State law requiring the use of a
            helmet for each motorcycle rider under the age of 18.''; and
                (D) in subparagraph (F) (as so redesignated), in the
            subparagraph heading, by striking ``accidents'' and inserting
            ``crashes'';
            (7) by striking subsection (g);
            (8) by redesignating subsection (h) as subsection (g);
            (9) in subsection (g) (as so redesignated)--
                (A) by redesignating paragraphs (1) through (5) as
            paragraphs (2) through (6), respectively;
                (B) by inserting before paragraph (2) (as so redesignated)
            the following:
            ``(1) Definition of nonmotorized road user.--In this
        subsection, the term `nonmotorized road user' means--
                ``(A) a pedestrian;
                ``(B) an individual using a nonmotorized mode of
            transportation, including a bicycle, a scooter, or a personal
            conveyance; and
                ``(C) an individual using a low-speed or low-horsepower
            motorized vehicle, including an electric bicycle, electric
            scooter, personal mobility assistance device, personal
            transporter, or all-terrain vehicle.'';
                (C) in paragraph (2) (as so redesignated), by striking
            ``pedestrian and bicycle fatalities and injuries that result
            from crashes involving a motor vehicle'' and inserting
            ``nonmotorized road user fatalities involving a motor vehicle
            in transit on a trafficway'';
                (D) in paragraph (4) (as so redesignated), by striking
            ``pedestrian and bicycle'' and inserting ``nonmotorized road
            user''; and
                (E) by striking paragraph (5) (as so redesignated) and
            inserting the following:
            ``(5) Use of grant amounts.--Grant funds received by a State
        under this subsection may be used for the safety of nonmotorized
        road users, including--
                ``(A) training of law enforcement officials relating to
            nonmotorized road user safety, State laws applicable to
            nonmotorized road user safety, and infrastructure designed to
            improve nonmotorized road user safety;
                ``(B) carrying out a program to support enforcement
            mobilizations and campaigns designed to enforce State traffic
            laws applicable to nonmotorized road user safety;
                ``(C) public education and awareness programs designed to
            inform motorists and nonmotorized road users regarding--
                    ``(i) nonmotorized road user safety, including
                information relating to nonmotorized mobility and the
                importance of speed management to the safety of
                nonmotorized road users;
                    ``(ii) the value of the use of nonmotorized road user
                safety equipment, including lighting, conspicuity
                equipment, mirrors, helmets, and other protective
                equipment, and compliance with any State or local laws
                requiring the use of that equipment;
                    ``(iii) State traffic laws applicable to nonmotorized
                road user safety, including the responsibilities of
                motorists with respect to nonmotorized road users; and
                    ``(iv) infrastructure designed to improve nonmotorized
                road user safety; and
                ``(D) the collection of data, and the establishment and
            maintenance of data systems, relating to nonmotorized road user
            traffic fatalities.''; and
            (10) by adding at the end the following:
        ``(h) Preventing Roadside Deaths.--
            ``(1) In general.--The Secretary shall provide grants to States
        to prevent death and injury from crashes involving motor vehicles
        striking other vehicles and individuals stopped at the roadside.
            ``(2) Federal share.--The Federal share of the cost of carrying
        out an activity funded through a grant under this subsection may
        not exceed 80 percent.
            ``(3) Eligibility.--A State shall receive a grant under this
        subsection in a fiscal year if the State submits to the Secretary a
        plan that describes the method by which the State will use grant
        funds in accordance with paragraph (4).
            ``(4) Use of funds.--Amounts received by a State under this
        subsection shall be used by the State--
                ``(A) to purchase and deploy digital alert technology
            that--
                    ``(i) is capable of receiving alerts regarding nearby
                first responders; and
                    ``(ii) in the case of a motor vehicle that is used for
                emergency response activities, is capable of sending alerts
                to civilian drivers to protect first responders on the
                scene and en route;
                ``(B) to educate the public regarding the safety of
            vehicles and individuals stopped at the roadside in the State
            through public information campaigns for the purpose of
            reducing roadside deaths and injury;
                ``(C) for law enforcement costs relating to enforcing State
            laws to protect the safety of vehicles and individuals stopped
            at the roadside;
                ``(D) for programs to identify, collect, and report to
            State and local government agencies data relating to crashes
            involving vehicles and individuals stopped at the roadside; and
                ``(E) to pilot and incentivize measures, including optical
            visibility measures, to increase the visibility of stopped and
            disabled vehicles.
            ``(5) Grant amount.--The allocation of grant funds to a State
        under this subsection for a fiscal year shall be in proportion to
        the apportionment of that State under section 402 for fiscal year
        2022.
        ``(i) Driver and Officer Safety Education.--
            ``(1) Definition of peace officer.--In this subsection, the
        term `peace officer' includes any individual--
                ``(A) who is an elected, appointed, or employed agent of a
            government entity;
                ``(B) who has the authority--
                    ``(i) to carry firearms; and
                    ``(ii) to make warrantless arrests; and
                ``(C) whose duties involve the enforcement of criminal laws
            of the United States.
            ``(2) Grants.--Subject to the requirements of this subsection,
        the Secretary shall provide grants to--
                ``(A) States that enact or adopt a law or program described
            in paragraph (4); and
                ``(B) qualifying States under paragraph (7).
            ``(3) Federal share.--The Federal share of the cost of carrying
        out an activity funded through a grant under this subsection may
        not exceed 80 percent.
            ``(4) Description of law or program.--A law or program referred
        to in paragraph (2)(A) is a law or program that requires 1 or more
        of the following:
                ``(A) Driver education and driving safety courses.--The
            inclusion, in driver education and driver safety courses
            provided to individuals by educational and motor vehicle
            agencies of the State, of instruction and testing relating to
            law enforcement practices during traffic stops, including
            information relating to--
                    ``(i) the role of law enforcement and the duties and
                responsibilities of peace officers;
                    ``(ii) the legal rights of individuals concerning
                interactions with peace officers;
                    ``(iii) best practices for civilians and peace officers
                during those interactions;
                    ``(iv) the consequences for failure of an individual or
                officer to comply with the law or program; and
                    ``(v) how and where to file a complaint against, or a
                compliment relating to, a peace officer.
                ``(B) Peace officer training programs.--Development and
            implementation of a training program, including instruction and
            testing materials, for peace officers and reserve law
            enforcement officers (other than officers who have received
            training in a civilian course described in subparagraph (A))
            with respect to proper interaction with civilians during
            traffic stops.
            ``(5) Use of funds.--A State may use a grant provided under
        this subsection for--
                ``(A) the production of educational materials and training
            of staff for driver education and driving safety courses and
            peace officer training described in paragraph (4); and
                ``(B) the implementation of a law or program described in
            paragraph (4).
            ``(6) Grant amount.--The allocation of grant funds to a State
        under this subsection for a fiscal year shall be in proportion to
        the apportionment of that State under section 402 for fiscal year
        2022.
            ``(7) Special rule for certain states.--
                ``(A) Definition of qualifying state.--In this paragraph,
            the term `qualifying State' means a State that--
                    ``(i) has received a grant under this subsection for a
                period of not more than 5 years; and
                    ``(ii) as determined by the Secretary--

                        ``(I) has not fully enacted or adopted a law or
                    program described in paragraph (4); but
                        ``(II)(aa) has taken meaningful steps toward the
                    full implementation of such a law or program; and
                        ``(bb) has established a timetable for the
                    implementation of such a law or program.

                ``(B) Withholding.--The Secretary shall--
                    ``(i) withhold 50 percent of the amount that each
                qualifying State would otherwise receive under this
                subsection if the qualifying State were a State described
                in paragraph (2)(A); and
                    ``(ii) direct any amounts withheld under clause (i) for
                distribution among the States that are enforcing and
                carrying out a law or program described in paragraph
                (4).''.
        (b) Technical Amendment.--Section 4010(2) of the FAST Act (23
    U.S.C. 405 note; Public Law 114-94) is amended by inserting ``all''
    before ``deficiencies''.
        (c) Effective Date.--The amendments made by subsection (a) shall
    take effect with respect to any grant application or State highway
    safety plan submitted under chapter 4 of title 23, United States Code,
    for fiscal year 2024 or thereafter.
    SEC. 24106. MULTIPLE SUBSTANCE-IMPAIRED DRIVING PREVENTION.
        (a) Impaired Driving Countermeasures.--Section 154(c)(1) of title
    23, United States Code, is amended by striking ``alcohol-impaired''
    each place it appears and inserting ``impaired''.
        (b) Comptroller General Study of National DUI Reporting.--
            (1) In general.--The Comptroller General of the United States
        shall conduct a study of the reporting of impaired driving arrest
        and citation data into Federal databases and the interstate sharing
        of information relating to impaired driving-related convictions and
        license suspensions to facilitate the widespread identification of
        repeat impaired driving offenders.
            (2) Inclusions.--The study conducted under paragraph (1) shall
        include a detailed assessment of--
                (A) the extent to which State and local criminal justice
            agencies are reporting impaired driving arrest and citation
            data to Federal databases;
                (B) barriers--
                    (i) at the Federal, State, and local levels, to the
                reporting of impaired driving arrest and citation data to
                Federal databases; and
                    (ii) to the use of those databases by criminal justice
                agencies;
                (C) Federal, State, and local resources available to
            improve the reporting and sharing of impaired driving data; and
                (D) any options or recommendations for actions that Federal
            agencies or Congress could take to further improve the
            reporting and sharing of impaired driving data.
            (3) Report.--Not later than 1 year after the date of enactment
        of this Act, the Comptroller General shall submit to the
        appropriate committees of Congress a report describing the results
        of the study conducted under this subsection.
    SEC. 24107. MINIMUM PENALTIES FOR REPEAT OFFENDERS FOR DRIVING WHILE
    INTOXICATED OR DRIVING UNDER THE INFLUENCE.
        Section 164(b)(1) of title 23, United States Code, is amended--
            (1) in subparagraph (A), by striking ``alcohol-impaired'' and
        inserting ``alcohol- or multiple substance-impaired''; and
            (2) in subparagraph (B)--
                (A) by striking ``intoxicated or driving'' and inserting
            ``intoxicated, driving while multiple substance-impaired, or
            driving''; and
                (B) by striking ``alcohol-impaired'' and inserting
            ``alcohol- or multiple substance-impaired''.
    SEC. 24108. CRASH DATA.
        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall revise the crash data collection
    system to include the collection of crash report data elements that
    distinguish individual personal conveyance vehicles, such as electric
    scooters and bicycles, from other vehicles involved in a crash.
        (b) Coordination.--In carrying out subsection (a), the Secretary
    may coordinate with States to update the Model Minimum Uniform Crash
    Criteria to provide guidance to States regarding the collection of
    information and data elements for the crash data collection system.
        (c) Vulnerable Road Users.--
            (1) Update.--Based on the information contained in the
        vulnerable road user safety assessments required by subsection (f)
        of section 32302 of title 49, United States Code (as added by
        section 24213(b)(2)), the Secretary shall modify existing crash
        data collection systems to include the collection of additional
        crash report data elements relating to vulnerable road user safety.
            (2) Injury health data.--The Secretary shall coordinate with
        the Director of the Centers for Disease Control and Prevention to
        develop and implement a plan for States to combine highway crash
        data and injury health data to produce a national database of
        pedestrian injuries and fatalities, disaggregated by demographic
        characteristics.
        (d) State Electronic Data Collection.--
            (1) Definitions.--In this subsection:
                (A) Electronic data transfer.--The term ``electronic data
            transfer'' means a protocol for automated electronic transfer
            of State crash data to the National Highway Traffic Safety
            Administration.
                (B) State.--The term ``State'' means--
                    (i) each of the 50 States;
                    (ii) the District of Columbia;
                    (iii) the Commonwealth of Puerto Rico;
                    (iv) the United States Virgin Islands;
                    (v) Guam;
                    (vi) American Samoa;
                    (vii) the Commonwealth of the Northern Mariana Islands;
                and
                    (viii) the Secretary of the Interior, acting on behalf
                of an Indian Tribe.
            (2) Establishment of program.--The Secretary shall establish a
        program under which the Secretary shall--
                (A) provide grants for the modernization of State data
            collection systems to enable full electronic data transfer
            under paragraph (3); and
                (B) upgrade the National Highway Traffic Safety
            Administration system to manage and support State electronic
            data transfers relating to crashes under paragraph (4).
            (3) State grants.--
                (A) In general.--The Secretary shall provide grants to
            States to upgrade and standardize State crash data systems to
            enable electronic data collection, intrastate data sharing, and
            electronic data transfers to the National Highway Traffic
            Safety Administration to increase the accuracy, timeliness, and
            accessibility of the data, including data relating to
            fatalities involving vulnerable road users.
                (B) Eligibility.--A State shall be eligible to receive a
            grant under this paragraph if the State submits to the
            Secretary an application, at such time, in such manner, and
            containing such information as the Secretary may require, that
            includes a plan to implement full electronic data transfer to
            the National Highway Traffic Safety Administration by not later
            than 5 years after the date on which the grant is provided.
                (C) Use of funds.--A grant provided under this paragraph
            may be used for the costs of--
                    (i) equipment to upgrade a statewide crash data
                repository;
                    (ii) adoption of electronic crash reporting by law
                enforcement agencies; and
                    (iii) increasing alignment of State crash data with the
                latest Model Minimum Uniform Crash Criteria.
                (D) Federal share.--The Federal share of the cost of a
            project funded with a grant under this paragraph may be up to
            80 percent.
            (4) National highway traffic safety administration system
        upgrade.--The Secretary shall manage and support State electronic
        data transfers relating to vehicle crashes by--
                (A) increasing the capacity of the National Highway Traffic
            Safety Administration system; and
                (B) making State crash data accessible to the public.
        (e) Crash Investigation Sampling System.--The Secretary may use
    funds made available to carry out this section to enhance the
    collection of crash data by upgrading the Crash Investigation Sampling
    System to include--
            (1) additional program sites;
            (2) an expanded scope that includes all crash types; and
            (3) on-scene investigation protocols.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $150,000,000
    for each of fiscal years 2022 through 2026, to remain available for a
    period of 3 fiscal years following the fiscal year for which the
    amounts are appropriated.
    SEC. 24109. REVIEW OF MOVE OVER OR SLOW DOWN LAW PUBLIC AWARENESS.
        (a) Definition of Move Over or Slow Down Law.--In this section, the
    term ``Move Over or Slow Down Law'' means any Federal or State law
    intended to ensure first responder and motorist safety by requiring
    motorists to change lanes or slow down when approaching an authorized
    emergency vehicle that is stopped or parked on or next to a roadway
    with emergency lights activated.
        (b) Study.--
            (1) In general.--The Comptroller General of the United States
        shall carry out a study of the efficacy of Move Over or Slow Down
        Laws and related public awareness campaigns.
            (2) Inclusions.--The study under paragraph (1) shall include--
                (A) a review of each Federal and State Move Over or Slow
            Down Law, including--
                    (i) penalties associated with the Move Over or Slow
                Down Laws;
                    (ii) the level of enforcement of Move Over or Slow Down
                Laws; and
                    (iii) the applicable class of vehicles that triggers
                Move Over or Slow Down Laws.
                (B) an identification and description of each Federal and
            State public awareness campaign relating to Move Over or Slow
            Down Laws; and
                (C) a description of the role of the Department in
            supporting State efforts with respect to Move Over or Slow Down
            Laws, such as conducting research, collecting data, or
            supporting public awareness or education efforts.
        (c) Report.--On completion of the study under subsection (b), the
    Comptroller General shall submit to the Committee on Commerce, Science,
    and Transportation of the Senate and the Committee on Transportation
    and Infrastructure of the House of Representatives a report that
    describes--
            (1) the findings of the study; and
            (2) any recommendations to improve public awareness campaigns,
        research, or education efforts relating to the issues described in
        subsection (b)(2).
    SEC. 24110. REVIEW OF LAWS, SAFETY MEASURES, AND TECHNOLOGIES RELATING
    TO SCHOOL BUSES.
        (a) Review of Illegal Passing Laws.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall prepare a report that--
                (A) identifies and describes all illegal passing laws in
            each State relating to school buses, including--
                    (i) the level of enforcement of those laws;
                    (ii) the penalties associated with those laws;
                    (iii) any issues relating to the enforcement of those
                laws; and
                    (iv) the effectiveness of those laws;
                (B) reviews existing State laws that may inhibit the
            effectiveness of safety countermeasures in school bus loading
            zones, such as--
                    (i) laws that require the face of a driver to be
                visible in an image captured by a camera if enforcement
                action is to be taken based on that image;
                    (ii) laws that may reduce stop-arm camera
                effectiveness;
                    (iii) the need for a law enforcement officer to witness
                an event for enforcement action to be taken; and
                    (iv) the lack of primary enforcement for texting and
                driving offenses;
                (C) identifies the methods used by each State to review,
            document, and report to law enforcement school bus stop-arm
            violations; and
                (D) identifies best practices relating to the most
            effective approaches to address the illegal passing of school
            buses.
            (2) Publication.--The report under paragraph (1) shall be made
        publicly available on the website of the Department.
        (b) Public Safety Messaging Campaign.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall establish and implement
        a public safety messaging campaign that uses public safety media
        messages, posters, digital media messages, and other media messages
        distributed to States, State departments of motor vehicles,
        schools, and other public outlets--
                (A) to highlight the importance of addressing the illegal
            passing of school buses; and
                (B) to educate students and the public regarding the safe
            loading and unloading of schools buses.
            (2) Consultation.--In carrying out paragraph (1), the Secretary
        shall consult with--
                (A) representatives of the school bus industry from the
            public and private sectors; and
                (B) States.
            (3) Updates.--The Secretary shall periodically update the
        materials used in the campaign under paragraph (1).
        (c) Review of Technologies.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall review and evaluate the
        effectiveness of various technologies for enhancing school bus
        safety, including technologies such as--
                (A) cameras;
                (B) audible warning systems; and
                (C) enhanced lighting.
            (2) Inclusions.--The review under paragraph (1)--
                (A) shall include--
                    (i) an assessment of--

                        (I) the costs of acquiring and operating new
                    equipment;
                        (II) the potential impact of that equipment on
                    overall school bus ridership; and
                        (III) motion-activated detection systems capable
                    of--

                            (aa) detecting pedestrians, cyclists, and other
                        road users located near the exterior of the school
                        bus; and
                            (bb) alerting the operator of the school bus of
                        those road users;
                    (ii) an assessment of the impact of advanced
                technologies designed to improve loading zone safety; and
                    (iii) an assessment of the effectiveness of school bus
                lighting systems at clearly communicating to surrounding
                drivers the appropriate actions those drivers should take;
                and
                (B) may include an evaluation of any technological
            solutions that may enhance school bus safety outside the school
            bus loading zone.
            (3) Consultation.--In carrying out the review under paragraph
        (1), the Secretary shall consult with--
                (A) manufacturers of school buses;
                (B) manufacturers of various technologies that may enhance
            school bus safety; and
                (C) representatives of the school bus industry from the
            public and private sectors.
            (4) Publication.--The Secretary shall make the findings of the
        review under paragraph (1) publicly available on the website of the
        Department.
        (d) Review of Driver Education Materials.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall--
                (A) review driver manuals, handbooks, and other materials
            in all States to determine whether and the means by which
            illegal passing of school buses is addressed in those driver
            materials, including in--
                    (i) testing for noncommercial driver's licenses; and
                    (ii) road tests; and
                (B) make recommendations on methods by which States can
            improve education regarding the illegal passing of school
            buses, particularly for new drivers.
            (2) Consultation.--In carrying out paragraph (1), the Secretary
        shall consult with--
                (A) representatives of the school bus industry from the
            public and private sectors;
                (B) States;
                (C) State motor vehicle administrators or senior State
            executives responsible for driver licensing; and
                (D) other appropriate motor vehicle experts.
            (3) Publication.--The Secretary shall make the findings of the
        review under paragraph (1) publicly available on the website of the
        Department.
        (e) Review of Other Safety Issues.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall research and prepare a
        report describing any relationship between the illegal passing of
        school buses and other safety issues, including issues such as--
                (A) distracted driving;
                (B) poor visibility, such as morning darkness;
                (C) illumination and reach of vehicle headlights;
                (D) speed limits; and
                (E) characteristics associated with school bus stops,
            including the characteristics of school bus stops in rural
            areas.
            (2) Publication.--The Secretary shall make the report under
        paragraph (1) publicly available on the website of the Department.
    SEC. 24111. MOTORCYCLIST ADVISORY COUNCIL.
        (a) In General.--Subchapter III of chapter 3 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 355. Motorcyclist Advisory Council
        ``(a) Establishment.--Not later than 90 days after the date of
    enactment of this section, the Secretary of Transportation (referred to
    in this section as the `Secretary') shall establish a council, to be
    known as the `Motorcyclist Advisory Council' (referred to in this
    section as the `Council').
        ``(b) Membership.--
            ``(1) In general.--The Council shall be comprised of 13
        members, to be appointed by the Secretary, of whom--
                ``(A) 5 shall be representatives of units of State or local
            government with expertise relating to highway engineering and
            safety issues, including--
                    ``(i) motorcycle and motorcyclist safety;
                    ``(ii) barrier and road design, construction, and
                maintenance; or
                    ``(iii) intelligent transportation systems;
                ``(B) 1 shall be a motorcyclist who serves as a State or
            local--
                    ``(i) traffic and safety engineer;
                    ``(ii) design engineer; or
                    ``(iii) other transportation department official;
                ``(C) 1 shall be a representative of a national association
            of State transportation officials;
                ``(D) 1 shall be a representative of a national
            motorcyclist association;
                ``(E) 1 shall be a representative of a national
            motorcyclist foundation;
                ``(F) 1 shall be a representative of a national motorcycle
            manufacturing association;
                ``(G) 1 shall be a representative of a motorcycle
            manufacturing company headquartered in the United States;
                ``(H) 1 shall be a roadway safety data expert with
            expertise relating to crash testing and analysis; and
                ``(I) 1 shall be a member of a national safety organization
            that represents the traffic safety systems industry.
            ``(2) Term.--
                ``(A) In general.--Subject to subparagraphs (B) and (C),
            each member shall serve on the Council for a single term of 2
            years.
                ``(B) Additional term.--If a successor is not appointed for
            a member of the Council before the expiration of the term of
            service of the member, the member may serve on the Council for
            a second term of not longer than 2 years.
                ``(C) Appointment of replacements.--If a member of the
            Council resigns before the expiration of the 2-year term of
            service of the member--
                    ``(i) the Secretary may appoint a replacement for the
                member, who shall serve the remaining portion of the term;
                and
                    ``(ii) the resigning member may continue to serve after
                resignation until the date on which a successor is
                appointed.
            ``(3) Vacancies.--A vacancy on the Council shall be filled in
        the manner in which the original appointment was made.
            ``(4) Compensation.--A member of the Council shall serve
        without compensation.
        ``(c) Duties.--
            ``(1) Advising.--The Council shall advise the Secretary, the
        Administrator of the National Highway Traffic Safety
        Administration, and the Administrator of the Federal Highway
        Administration regarding transportation safety issues of concern to
        motorcyclists, including--
                ``(A) motorcycle and motorcyclist safety;
                ``(B) barrier and road design, construction, and
            maintenance practices; and
                ``(C) the architecture and implementation of intelligent
            transportation system technologies.
            ``(2) Biennial report.--Not later than October 31 of the
        calendar year following the calendar year in which the Council is
        established, and not less frequently than once every 2 years
        thereafter, the Council shall submit to the Secretary a report
        containing recommendations of the Council regarding the issues
        described in paragraph (1).
        ``(d) Duties of Secretary.--
            ``(1) Council recommendations.--
                ``(A) In general.--The Secretary shall determine whether to
            accept or reject a recommendation contained in a report of the
            Council under subsection (c)(2).
                ``(B) Inclusion in review.--
                    ``(i) In general.--The Secretary shall indicate in each
                review under paragraph (2) whether the Secretary accepts or
                rejects each recommendation of the Council covered by the
                review.
                    ``(ii) Exception.--The Secretary may indicate in a
                review under paragraph (2) that a recommendation of the
                Council is under consideration, subject to the condition
                that a recommendation so under consideration shall be
                accepted or rejected by the Secretary in the subsequent
                review of the Secretary under paragraph (2).
            ``(2) Review.--
                ``(A) In general.--Not later than 60 days after the date on
            which the Secretary receives a report from the Council under
            subsection (c)(2), the Secretary shall submit a review
            describing the response of the Secretary to the recommendations
            of the Council contained in the Council report to--
                    ``(i) the Committee on Commerce, Science, and
                Transportation of the Senate;
                    ``(ii) the Committee on Environment and Public Works of
                the Senate;
                    ``(iii) the Subcommittee on Transportation, Housing and
                Urban Development, and Related Agencies of the Committee on
                Appropriations of the Senate;
                    ``(iv) the Committee on Transportation and
                Infrastructure of the House of Representatives; and
                    ``(v) the Subcommittee on Transportation, Housing and
                Urban Development, and Related Agencies of the Committee on
                Appropriations of the House of Representatives.
                ``(B) Contents.--A review of the Secretary under this
            paragraph shall include a description of--
                    ``(i) each recommendation contained in the Council
                report covered by the review; and
                    ``(ii)(I) each recommendation of the Council that was
                categorized under paragraph (1)(B)(ii) as being under
                consideration by the Secretary in the preceding review
                submitted under this paragraph; and
                    ``(II) for each such recommendation, whether the
                recommendation--

                        ``(aa) is accepted or rejected by the Secretary; or
                        ``(bb) remains under consideration by the
                    Secretary.

            ``(3) Administrative and technical support.--The Secretary
        shall provide to the Council such administrative support, staff,
        and technical assistance as the Secretary determines to be
        necessary to carry out the duties of the Council under this
        section.
        ``(e) Termination.--The Council shall terminate on the date that is
    6 years after the date on which the Council is established under
    subsection (a).''.
        (b) Clerical Amendment.--The analysis for subchapter III of chapter
    3 of title 49, United States Code, is amended by inserting after the
    item relating to section 354 the following:
    ``355. Motorcyclist Advisory Council.''.

        (c) Conforming Amendments.--
            (1) Section 1426 of the FAST Act (23 U.S.C. 101 note; Public
        Law 114-94) is repealed.
            (2) The table of contents for the FAST Act (Public Law 114-94;
        129 Stat. 1313) is amended by striking the item relating to section
        1426.
    SEC. 24112. SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM.
        (a) Definitions.--In this section:
            (1) Comprehensive safety action plan.--The term ``comprehensive
        safety action plan'' means a plan aimed at preventing
        transportation-related fatalities and serious injuries in a
        locality, commonly referred to as a ``Vision Zero'' or ``Toward
        Zero Deaths'' plan, that may include--
                (A) a goal and timeline for eliminating fatalities and
            serious injuries;
                (B) an analysis of the location and severity of vehicle-
            involved crashes in a locality;
                (C) an analysis of community input, gathered through public
            outreach and education;
                (D) a data-driven approach to identify projects or
            strategies to prevent fatalities and serious injuries in a
            locality, such as those involving--
                    (i) education and community outreach;
                    (ii) effective methods to enforce traffic laws and
                regulations;
                    (iii) new vehicle or other transportation-related
                technologies; and
                    (iv) roadway planning and design; and
                (E) mechanisms for evaluating the outcomes and
            effectiveness of the comprehensive safety action plan,
            including the means by which that effectiveness will be
            reported to residents in a locality.
            (2) Eligible entity.--The term ``eligible entity'' means--
                (A) a metropolitan planning organization;
                (B) a political subdivision of a State;
                (C) a federally recognized Tribal government; and
                (D) a multijurisdictional group of entities described in
            any of subparagraphs (A) through (C).
            (3) Eligible project.--The term ``eligible project'' means a
        project--
                (A) to develop a comprehensive safety action plan;
                (B) to conduct planning, design, and development activities
            for projects and strategies identified in a comprehensive
            safety action plan; or
                (C) to carry out projects and strategies identified in a
            comprehensive safety action plan.
            (4) Program.--The term ``program'' means the Safe Streets and
        Roads for All program established under subsection (b).
        (b) Establishment.--The Secretary shall establish and carry out a
    program, to be known as the Safe Streets and Roads for All program,
    that supports local initiatives to prevent death and serious injury on
    roads and streets, commonly referred to as ``Vision Zero'' or ``Toward
    Zero Deaths'' initiatives.
        (c) Grants.--
            (1) In general.--In carrying out the program, the Secretary may
        make grants to eligible entities, on a competitive basis, in
        accordance with this section.
            (2) Limitations.--
                (A) In general.--Not more than 15 percent of the funds made
            available to carry out the program for a fiscal year may be
            awarded to eligible projects in a single State during that
            fiscal year.
                (B) Planning grants.--Of the total amount made available to
            carry out the program for each fiscal year, not less than 40
            percent shall be awarded to eligible projects described in
            subsection (a)(3)(A).
        (d) Selection of Eligible Projects.--
            (1) Solicitation.--Not later than 180 days after the date on
        which amounts are made available to provide grants under the
        program for a fiscal year, the Secretary shall solicit from
        eligible entities grant applications for eligible projects in
        accordance with this section.
            (2) Applications.--
                (A) In general.--To be eligible to receive a grant under
            the program, an eligible entity shall submit to the Secretary
            an application in such form and containing such information as
            the Secretary considers to be appropriate.
                (B) Requirement.--An application for a grant under this
            paragraph shall include mechanisms for evaluating the success
            of applicable eligible projects and strategies.
            (3) Considerations.--In awarding a grant under the program, the
        Secretary shall take into consideration the extent to which an
        eligible entity, and each eligible project proposed to be carried
        out by the eligible entity, as applicable--
                (A) is likely to significantly reduce or eliminate
            transportation-related fatalities and serious injuries
            involving various road users, including pedestrians,
            bicyclists, public transportation users, motorists, and
            commercial operators, within the timeframe proposed by the
            eligible entity;
                (B) demonstrates engagement with a variety of public and
            private stakeholders;
                (C) seeks to adopt innovative technologies or strategies to
            promote safety;
                (D) employs low-cost, high-impact strategies that can
            improve safety over a wider geographical area;
                (E) ensures, or will ensure, equitable investment in the
            safety needs of underserved communities in preventing
            transportation-related fatalities and injuries;
                (F) includes evidence-based projects or strategies; and
                (G) achieves such other conditions as the Secretary
            considers to be necessary.
            (4) Transparency.--
                (A) In general.--The Secretary shall evaluate, through a
            methodology that is discernible and transparent to the public,
            the means by, and extent to, which each application under the
            program addresses any applicable merit criteria established by
            the Secretary.
                (B) Publication.--The methodology under subparagraph (A)
            shall be published by the Secretary as part of the notice of
            funding opportunity under the program.
        (e) Federal Share.--The Federal share of the cost of an eligible
    project carried out using a grant provided under the program shall not
    exceed 80 percent.
        (f) Funding.--
            (1) Authorization of appropriations.--There is authorized to be
        appropriated to carry out this section $200,000,000 for each of
        fiscal years 2022 through 2026, to remain available for a period of
        3 fiscal years following the fiscal year for which the amounts are
        appropriated.
            (2) Administrative expenses.--Of the amounts made available to
        carry out the program for a fiscal year, the Secretary may retain
        not more than 2 percent for the administrative expenses of the
        program.
            (3) Availability to eligible entities.--Amounts made available
        under a grant under the program shall remain available for use by
        the applicable eligible entity until the date that is 5 years after
        the date on which the grant is provided.
        (g) Data Submission.--
            (1) In general.--As a condition of receiving a grant under this
        program, an eligible entity shall submit to the Secretary, on a
        regular basis as established by the Secretary, data, information,
        or analyses collected or conducted in accordance with subsection
        (d)(3).
            (2) Form.--The data, information, and analyses under paragraph
        (1) shall be submitted in such form such manner as may be
        prescribed by the Secretary.
        (h) Reports.--Not later than 120 days after the end of the period
    of performance for a grant under the program, the eligible entity shall
    submit to the Secretary a report that describes--
            (1) the costs of each eligible project carried out using the
        grant;
            (2) the outcomes and benefits that each such eligible project
        has generated, as--
                (A) identified in the grant application of the eligible
            entity; and
                (B) measured by data, to the maximum extent practicable;
            and
            (3) the lessons learned and any recommendations relating to
        future projects or strategies to prevent death and serious injury
        on roads and streets.
        (i) Best Practices.--Based on the information submitted by eligible
    entities under subsection (g), the Secretary shall--
            (1) periodically post on a publicly available website best
        practices and lessons learned for preventing transportation-related
        fatalities and serious injuries pursuant to strategies or
        interventions implemented under the program; and
            (2) evaluate and incorporate, as appropriate, the effectiveness
        of strategies and interventions implemented under the program for
        the purpose of enriching revisions to the document entitled
        ``Countermeasures That Work: A Highway Safety Countermeasure Guide
        for State Highway Safety Offices, Ninth Edition'' and numbered DOT
        HS 812 478 (or any successor document).
    SEC. 24113. IMPLEMENTATION OF GAO RECOMMENDATIONS.
        (a) Next Generation 911.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall implement the
        recommendations of the Comptroller General of the United States
        contained in the report entitled ``Next Generation 911: National
        911 Program Could Strengthen Efforts to Assist States'', numbered
        GAO-18-252, and dated January 1, 2018, by requiring that the
        Administrator of the National Highway Traffic Safety
        Administration, in collaboration with the appropriate Federal
        agencies, shall determine the roles and responsibilities of the
        Federal agencies participating in the initiative entitled
        ``National NG911 Roadmap initiative'' to carry out the national-
        level tasks with respect which each agency has jurisdiction.
            (2) Implementation plan.--The Administrator of the National
        Highway Traffic Safety Administration shall develop an
        implementation plan to support the completion of national-level
        tasks under the National NG911 Roadmap initiative.
        (b) Pedestrian and Cyclists Information and Enhanced Performance
    Management.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Secretary shall implement the
        recommendations of the Comptroller General of the United States
        contained in the report entitled ``Pedestrians and Cyclists: Better
        Information to States and Enhanced Performance Management Could
        Help DOT Improve Safety'', numbered GAO-21-405, and dated May 20,
        2021, by--
                (A) carrying out measures to collect information relating
            to the range of countermeasures implemented by States;
                (B) analyzing that information to help advance knowledge
            regarding the effectiveness of those countermeasures; and
                (C) sharing with States any results.
            (2) Performance management practices.--The Administrator of the
        National Highway Traffic Safety Administration shall use
        performance management practices to guide pedestrian and cyclist
        safety activities by--
                (A) developing performance measures for the Administration
            and program offices responsible for implementing pedestrian and
            cyclist safety activities to demonstrate the means by which
            those activities contribute to safety goals; and
                (B) using performance information to make any necessary
            changes to advance pedestrian and cyclist safety efforts.

                           Subtitle B--Vehicle Safety

    SEC. 24201. AUTHORIZATION OF APPROPRIATIONS.
        There are authorized to be appropriated to the Secretary to carry
    out chapter 301, and part C of subtitle VI, of title 49, United States
    Code--
            (1) $200,294,333 for fiscal year 2022;
            (2) $204,300,219 for fiscal year 2023;
            (3) $208,386,224 for fiscal year 2024;
            (4) $212,553,948 for fiscal year 2025; and
            (5) $216,805,027 for fiscal year 2026.
    SEC. 24202. RECALL COMPLETION.
        (a) Reports on Recall Campaigns.--Section 30118 of title 49, United
    States Code, is amended by adding at the end the following:
        ``(f) Reports on Notification Campaigns.--
            ``(1) In general.--Each manufacturer that is conducting a
        campaign under subsection (b) or (c) or any other provision of law
        (including regulations) to notify manufacturers, distributors,
        owners, purchasers, or dealers of a defect or noncompliance shall
        submit to the Administrator of the National Highway Traffic Safety
        Administration--
                ``(A) by the applicable date described in section 573.7(d)
            of title 49, Code of Federal Regulations (or a successor
            regulation), a quarterly report describing the campaign for
            each of 8 consecutive quarters, beginning with the quarter in
            which the campaign was initiated; and
                ``(B) an annual report for each of the 3 years beginning
            after the date of completion of the last quarter for which a
            quarterly report is submitted under subparagraph (A).
            ``(2) Requirements.--Except as otherwise provided in this
        subsection, each report under this subsection shall comply with the
        requirements of section 573.7 of title 49, Code of Federal
        Regulations (or a successor regulation).''.
        (b) Recall Completion Rates.--Section 30120 of title 49, United
    States Code, is amended by adding at the end the following:
        ``(k) Recall Completion Rates.--
            ``(1) In general.--The Administrator of the National Highway
        Traffic Safety Administration shall publish an annual list of
        recall completion rates for each recall campaign for which 8
        quarterly reports have been submitted under subsection (f) of
        section 30118 as of the date of publication of the list.
            ``(2) Requirements.--The annual list under paragraph (1) shall
        include--
                ``(A) for each applicable campaign--
                    ``(i) the total number of vehicles subject to recall;
                and
                    ``(ii) the percentage of vehicles that have been
                remedied; and
                ``(B) for each manufacturer submitting an applicable
            quarterly report under section 30118(f)--
                    ``(i) the total number of recalls issued by the
                manufacturer during the year covered by the list;
                    ``(ii) the estimated number of vehicles of the
                manufacturer subject to recall during the year covered by
                the list; and
                    ``(iii) the percentage of vehicles that have been
                remedied.''.
    SEC. 24203. RECALL ENGAGEMENT.
        (a) Recall Repair.--Not later than 2 years after the date of
    enactment of this Act, the Comptroller General of the United States
    shall--
            (1) conduct a study to determine--
                (A) the reasons why vehicle owners do not have repairs
            performed for vehicles subject to open recalls; and
                (B) whether engagement by third parties, including State
            and local governments, insurance companies, or other entities,
            could increase the rate at which vehicle owners have repairs
            performed for vehicles subject to open recalls; and
            (2) submit to Congress a report describing the results of the
        study under paragraph (1), including any recommendations for
        increasing the rate of repair for vehicles subject to open recalls.
        (b) Ridesharing.--Not later than 18 months after the date of
    enactment of this Act, the Comptroller General shall--
            (1) conduct a study to determine the number of passenger motor
        vehicles in each State that--
                (A) are used by transportation network companies for for-
            hire purposes, such as ridesharing; and
                (B) have 1 or more open recalls; and
            (2) submit to Congress a report describing the results of the
        study under paragraph (1).
        (c) NHTSA Study and Report.--Not later than 3 years after the date
    of enactment of this Act, the Administrator of the National Highway
    Traffic Safety Administration shall--
            (1) conduct a study to determine the ways in which vehicle
        recall notices could--
                (A) more effectively reach vehicle owners;
                (B) be made easier for all consumers to understand; and
                (C) incentivize vehicle owners to complete the repairs
            described in the recall notices; and
            (2) submit to Congress a report describing the results of the
        study under paragraph (1), including any recommendations for--
                (A) increasing the rate of repair for vehicles subject to
            open recalls; or
                (B) any regulatory or statutory legislative changes that
            would facilitate an increased rate of repair.
    SEC. 24204. MOTOR VEHICLE SEAT BACK SAFETY STANDARDS.
        (a) In General.--Not later than 2 years after the date of enactment
    of this Act, subject to subsection (b), the Secretary shall issue an
    advanced notice of proposed rulemaking to update section 571.207 of
    title 49, Code of Federal Regulations.
        (b) Compliance Date.--If the Secretary determines that a final rule
    is appropriate consistent with the considerations described in section
    30111(b) of title 49, United States Code, in issuing a final rule
    pursuant to subsection (a), the Secretary shall establish a date for
    required compliance with the final rule of not later than 2 motor
    vehicle model years after the model year during which the effective
    date of the final rule occurs.
    SEC. 24205. AUTOMATIC SHUTOFF.
        (a) Definitions.--In this section:
            (1) Key.--The term ``key'' has the meaning given the term in
        section 571.114 of title 49, Code of Federal Regulations (or a
        successor regulation).
            (2) Manufacturer.--The term ``manufacturer'' has the meaning
        given the term in section 30102(a) of title 49, United States Code.
            (3) Motor vehicle.--
                (A) In general.--The term ``motor vehicle'' has the meaning
            given the term in section 30102(a) of title 49, United States
            Code.
                (B) Exclusions.--The term ``motor vehicle'' does not
            include--
                    (i) a motorcycle or trailer (as those terms are defined
                in section 571.3 of title 49, Code of Federal Regulations
                (or a successor regulation));
                    (ii) any motor vehicle with a gross vehicle weight
                rating of more than 10,000 pounds;
                    (iii) a battery electric vehicle; or
                    (iv) a motor vehicle that requires extended periods
                with the engine in idle to operate in service mode or to
                operate equipment, such as an emergency vehicle (including
                a police vehicle, an ambulance, or a tow vehicle) and a
                commercial-use vehicle (including a refrigeration vehicle).
        (b) Automatic Shutoff Systems for Motor Vehicles.--
            (1) Final rule.--
                (A) In general.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall issue a final rule
            amending section 571.114 of title 49, Code of Federal
            Regulations, to require manufacturers to install in each motor
            vehicle that is equipped with a keyless ignition device and an
            internal combustion engine a device or system to automatically
            shutoff the motor vehicle after the motor vehicle has idled for
            the period described in subparagraph (B).
                (B) Description of period.--
                    (i) In general.--The period referred to in subparagraph
                (A) is the period designated by the Secretary as necessary
                to prevent, to the maximum extent practicable, carbon
                monoxide poisoning.
                    (ii) Different periods.--The Secretary may designate
                different periods under clause (i) for different types of
                motor vehicles, depending on the rate at which the motor
                vehicle emits carbon monoxide, if--

                        (I) the Secretary determines a different period is
                    necessary for a type of motor vehicle for purposes of
                    section 30111 of title 49, United States Code; and
                        (II) requiring a different period for a type of
                    motor vehicle is consistent with the prevention of
                    carbon monoxide poisoning.

            (2) Deadline.--Unless the Secretary finds good cause to phase-
        in or delay implementation, the rule issued pursuant to paragraph
        (1) shall take effect on September 1 of the first calendar year
        beginning after the date on which the Secretary issues the rule.
        (c) Preventing Motor Vehicles From Rolling Away.--
            (1) Requirement.--The Secretary shall conduct a study of the
        regulations contained in part 571 of title 49, Code of Federal
        Regulations, to evaluate the potential consequences and benefits of
        the installation by manufacturers of technology to prevent movement
        of motor vehicles equipped with keyless ignition devices and
        automatic transmissions when--
                (A) the transmission of the motor vehicle is not in the
            park setting;
                (B) the motor vehicle does not exceed the speed determined
            by the Secretary under paragraph (2);
                (C) the seat belt of the operator of the motor vehicle is
            unbuckled;
                (D) the service brake of the motor vehicle is not engaged;
            and
                (E) the door for the operator of the motor vehicle is open.
            (2) Review and report.--The Secretary shall--
                (A) provide a recommended maximum speed at which a motor
            vehicle may be safely locked in place under the conditions
            described in subparagraphs (A), (C), (D), and (E) of paragraph
            (1) to prevent vehicle rollaways; and
                (B) not later than 1 year after the date of completion of
            the study under paragraph (1), submit to the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committee on Transportation and Infrastructure of the House of
            Representatives a report--
                    (i) describing the findings of the study; and
                    (ii) providing additional recommendations, if any.
    SEC. 24206. PETITIONS BY INTERESTED PERSONS FOR STANDARDS AND
    ENFORCEMENT.
        Section 30162 of title 49, United States Code, is amended--
            (1) in subsection (b), by striking ``The petition'' and
        inserting ``A petition under this section'';
            (2) in subsection (c), by striking ``the petition'' and
        inserting ``a petition under this section''; and
            (3) in subsection (d)--
                (A) in the third sentence, by striking ``If a petition''
            and inserting the following:
            ``(3) Denial.--If a petition under this section'';
                (B) in the second sentence , by striking ``If a petition is
            granted'' and inserting the following:
            ``(2) Approval.--If a petition under this section is
        approved''; and
                (C) in the first sentence, by striking ``The Secretary
            shall grant or deny a petition'' and inserting the following:
            ``(1) In general.--The Secretary shall determine whether to
        approve or deny a petition under this section by''.
    SEC. 24207. CHILD SAFETY SEAT ACCESSIBILITY STUDY.
        (a) In General.--The Secretary, in coordination with other relevant
    Federal departments and agencies, including the Secretary of
    Agriculture, the Secretary of Education, and the Secretary of Health
    and Human Services, shall conduct a study to review the status of motor
    vehicle child safety seat accessibility for low-income families and
    underserved populations.
        (b) Addressing Needs.--In conducting the study under subsection
    (a), the Secretary shall--
            (1) examine the impact of Federal funding provided under
        section 405 of title 23, United States Code; and
            (2) develop a plan for addressing any needs identified in the
        study, including by working with social service providers.
    SEC. 24208. CRASH AVOIDANCE TECHNOLOGY.
        (a) In General.--Subchapter II of chapter 301 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 30129. Crash avoidance technology
        ``(a) In General.--The Secretary of Transportation shall promulgate
    a rule--
            ``(1) to establish minimum performance standards with respect
        to crash avoidance technology; and
            ``(2) to require that all passenger motor vehicles manufactured
        for sale in the United States on or after the compliance date
        described in subsection (b) shall be equipped with--
                ``(A) a forward collision warning and automatic emergency
            braking system that--
                    ``(i) alerts the driver if--

                        ``(I) the distance to a vehicle ahead or an object
                    in the path of travel ahead is closing too quickly; and
                        ``(II) a collision is imminent; and

                    ``(ii) automatically applies the brakes if the driver
                fails to do so; and
                ``(B) a lane departure warning and lane-keeping assist
            system that--
                    ``(i) warns the driver to maintain the lane of travel;
                and
                    ``(ii) corrects the course of travel if the driver
                fails to do so.
        ``(b) Compliance Date.--The Secretary of Transportation shall
    determine the appropriate effective date, and any phasing-in of
    requirements, of the final rule promulgated pursuant to subsection
    (a).''.
        (b) Clerical Amendment.--The analysis for subchapter II of chapter
    301 of title 49, United States Code, is amended by adding at the end
    the following:
    ``30129. Crash avoidance technology.''.
    SEC. 24209. REDUCTION OF DRIVER DISTRACTION.
        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall conduct research regarding the
    installation and use on motor vehicles of driver monitoring systems to
    minimize or eliminate--
            (1) driver distraction;
            (2) driver disengagement;
            (3) automation complacency by drivers; and
            (4) foreseeable misuse of advanced driver-assist systems.
        (b) Report.--Not later than 180 days after the date of completion
    of the research under subsection (a), the Secretary shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Energy and Commerce of the House of Representatives a
    detailed report describing the findings of the research.
        (c) Rulemaking.--
            (1) In general.--If, based on the research completed under
        subsection (a), the Secretary determines that--
                (A) 1 or more rulemakings are necessary to ensure safety,
            in accordance with the section 30111 of title 49, United States
            Code, the Secretary shall initiate the rulemakings by not later
            than 2 years after the date of submission of the report under
            subsection (b); and
                (B) an additional rulemaking is not necessary, or an
            additional rulemaking cannot meet the applicable requirements
            and considerations described in subsections (a) and (b) of
            section 30111 of title 49, United States Code, the Secretary
            shall submit to the Committee on Commerce, Science, and
            Transportation of the Senate and the Committee on Energy and
            Commerce of the House of Representatives a report describing
            the reasons for not prescribing additional Federal motor
            vehicle safety standards regarding the research conducted under
            subsection (a).
            (2) Privacy.--A rule issued pursuant to paragraph (1) shall
        incorporate appropriate privacy and data security safeguards, as
        determined by the Secretary.
    SEC. 24210. RULEMAKING REPORT.
        (a) Definition of Covered Rulemaking.--In this section, the term
    ``covered rulemaking'' means a regulation or rulemaking that--
            (1) has not been finalized by the date on which the relevant
        notification is submitted under subsection (b); and
            (2) relates to--
                (A) section 30120A of title 49, United States Code;
                (B) section 30166(o) of title 49, United States Code;
                (C) section 30172 of title 49, United States Code;
                (D) section 32302(c) of title 49, United States Code;
                (E) a defect reporting requirement under section 32302(d)
            of title 49, United States Code;
                (F) subsections (b) and (c) of section 32304A of title 49,
            United States Code;
                (G) the tire pressure monitoring standards required under
            section 24115 of the FAST Act (49 U.S.C. 30123 note; Public Law
            114-94);
                (H) the amendment made by section 24402 of the FAST Act
            (129 Stat. 1720; Public Law 114-94) to section 30120(g)(1) of
            title 49, United States Code;
                (I) the records retention rule required under section 24403
            of the FAST Act (49 U.S.C. 30117 note; Public Law 114-94);
                (J) the amendments made by section 24405 of the FAST Act
            (Public Law 114-94; 129 Stat. 1721) to section 30114 of title
            49, United States Code;
                (K) a defect and noncompliance notification required
            under--
                    (i) section 24104 of the FAST Act (49 U.S.C. 30119
                note; Public Law 114-94); or
                    (ii) section 31301 of MAP-21 (49 U.S.C. 30166 note;
                Public Law 112-141);
                (L) a side impact or frontal impact test procedure for
            child restraint systems under section 31501 of MAP-21 (49
            U.S.C. 30127 note; Public Law 112-141);
                (M) an upgrade to child restraint anchorage system
            usability requirements required under section 31502 of MAP-21
            (49 U.S.C. 30127 note; Public Law 112-141);
                (N) the rear seat belt reminder system required under
            section 31503 of MAP-21 (49 U.S.C. 30127 note; Public Law 112-
            141);
                (O) a motorcoach rulemaking required under section 32703 of
            MAP-21 (49 U.S.C. 31136 note; Public Law 112-141); or
                (P) any rulemaking required under this Act.
        (b) Notification.--Not later than 180 days after the date of
    enactment of this Act, and not less frequently than biannually
    thereafter until the applicable covered rulemaking is complete, the
    Secretary shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Energy and Commerce
    of the House of Representatives a written notification that includes,
    with respect to each covered rulemaking--
            (1) for a covered rulemaking with a statutory deadline for
        completion--
                (A) an explanation of why the deadline was not met; and
                (B) an expected date of completion of the covered
            rulemaking; and
            (2) for a covered rulemaking without a statutory deadline for
        completion, an expected date of completion of the covered
        rulemaking.
        (c) Additional Contents.--A notification under subsection (b) shall
    include, for each applicable covered rulemaking--
            (1) an updated timeline;
            (2) a list of factors causing delays in the completion of the
        covered rulemaking; and
            (3) any other details associated with the status of the covered
        rulemaking.
    SEC. 24211. GLOBAL HARMONIZATION.
        The Secretary shall cooperate, to the maximum extent practicable,
    with foreign governments, nongovernmental stakeholder groups, the motor
    vehicle industry, and consumer groups with respect to global
    harmonization of vehicle regulations as a means for improving motor
    vehicle safety.
    SEC. 24212. HEADLAMPS.
        (a) Definitions.--In this section:
            (1) Adaptive driving beam headlamp.--The term ``adaptive
        driving beam headlamp'' means a headlamp (as defined in Standard
        108) that meets the performance requirements specified in SAE
        International Standard J3069, published on June 30, 2016.
            (2) Standard 108.--The term ``Standard 108'' means Federal
        Motor Vehicle Safety Standard Number 108, contained in section
        571.108 of title 49, Code of Federal Regulations (as in effect on
        the date of enactment of this Act).
        (b) Rulemaking.--Not later than 2 years after the date of enactment
    of this Act, the Secretary shall issue a final rule amending Standard
    108--
            (1) to include performance-based standards for vehicle headlamp
        systems--
                (A) to ensure that headlights are correctly aimed on the
            road; and
                (B) requiring those systems to be tested on-vehicle to
            account for headlight height and lighting performance; and
            (2) to allow for the use on vehicles of adaptive driving beam
        headlamp systems.
        (c) Periodic Review.--Nothing in this section precludes the
    Secretary from--
            (1) reviewing Standard 108, as amended pursuant to subsection
        (b); and
            (2) revising Standard 108 to reflect an updated version of SAE
        International Standard J3069, as the Secretary determines to be--
                (A) appropriate; and
                (B) in accordance with section 30111 of title 49, United
            States Code.
    SEC. 24213. NEW CAR ASSESSMENT PROGRAM.
        (a) Updates.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall finalize the proceeding for which
    comments were requested in the notice entitled ``New Car Assessment
    Program'' (80 Fed. Reg. 78522 (December 16, 2015)) to update the
    passenger motor vehicle information required under section 32302(a) of
    title 49, United States Code.
        (b) Information Program.--Section 32302 of title 49, United States
    Code, is amended--
            (1) in subsection (a), in the matter preceding paragraph (1),
        by inserting ``(referred to in this section as the `Secretary')''
        after ``of Transportation''; and
            (2) by adding at the end the following:
        ``(e) Advanced Crash-avoidance Technologies.--
            ``(1) Notice.--Not later than 1 year after the date of
        enactment of this subsection, the Secretary shall publish a notice,
        for purposes of public review and comment, to establish, distinct
        from crashworthiness information, a means for providing to
        consumers information relating to advanced crash-avoidance
        technologies, in accordance with subsection (a).
            ``(2) Inclusions.--The notice under paragraph (1) shall
        include--
                ``(A) an appropriate methodology for--
                    ``(i) determining which advanced crash-avoidance
                technologies shall be included in the information;
                    ``(ii) developing performance test criteria for use by
                manufacturers in evaluating advanced crash-avoidance
                technologies;
                    ``(iii) determining a distinct rating involving each
                advanced crash-avoidance technology to be included; and
                    ``(iv) updating overall vehicle ratings to incorporate
                advanced crash-avoidance technology ratings; and
                ``(B) such other information and analyses as the Secretary
            determines to be necessary to implement the rating of advanced
            crash-avoidance technologies.
            ``(3) Report.--Not later than 18 months after the date of
        enactment of this subsection, the Secretary shall submit to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Energy and Commerce of the House of
        Representatives a report that describes a plan for implementing an
        advanced crash-avoidance technology information and rating system,
        in accordance with subsection (a).
        ``(f) Vulnerable Road User Safety.--
            ``(1) Notice.--Not later than 1 year after the date of
        enactment of this subsection, the Secretary shall publish a notice,
        for purposes of public review and comment, to establish a means for
        providing to consumers information relating to pedestrian,
        bicyclist, or other vulnerable road user safety technologies, in
        accordance with subsection (a).
            ``(2) Inclusions.--The notice under paragraph (1) shall
        include--
                ``(A) an appropriate methodology for--
                    ``(i) determining which technologies shall be included
                in the information;
                    ``(ii) developing performance test criteria for use by
                manufacturers in evaluating the extent to which automated
                pedestrian safety systems in light vehicles attempt to
                prevent and mitigate, to the best extent possible,
                pedestrian injury;
                    ``(iii) determining a distinct rating involving each
                technology to be included; and
                    ``(iv) updating overall vehicle ratings to incorporate
                vulnerable road user safety technology ratings; and
                ``(B) such other information and analyses as the Secretary
            determines to be necessary to implement the rating of
            vulnerable road user safety technologies.
            ``(3) Report.--Not later than 18 months after the date of
        enactment of this subsection, the Secretary shall submit to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Energy and Commerce of the House of
        Representatives a report that describes a plan for implementing an
        information and rating system for vulnerable road user safety
        technologies, in accordance with subsection (a).''.
        (c) Roadmap.--
            (1) In general.--Chapter 323 of title 49, United States Code,
        is amended by adding at the end the following:
    ``Sec. 32310. New Car Assessment Program roadmap
        ``(a) Establishment.--Not later than 1 year after the date of
    enactment of this section, and not less frequently than once every 4
    years thereafter, the Secretary of Transportation (referred to in this
    section as the `Secretary') shall establish a roadmap for the
    implementation of the New Car Assessment Program of the National
    Highway Traffic Safety Administration.
        ``(b) Requirements.--A roadmap under subsection (a) shall--
            ``(1) cover a term of 10 years, consisting of--
                ``(A) a mid-term component covering the initial 5 years of
            the term; and
                ``(B) a long-term component covering the final 5 years of
            the term; and
            ``(2) be in accordance with--
                ``(A) section 306 of title 5;
                ``(B) section 1115 of title 31;
                ``(C) section 24401 of the FAST Act (49 U.S.C. 105 note;
            Public Law 114-94); and
                ``(D) any other relevant plans of the National Highway
            Traffic Safety Administration.
        ``(c) Contents.--A roadmap under subsection (a) shall include--
            ``(1) a plan for any changes to the New Car Assessment Program
        of the National Highway Traffic Safety Administration, including--
                ``(A) descriptions of actions to be carried out to update
            the passenger motor vehicle information developed under section
            32302(a), including the development of test procedures, test
            devices, test fixtures, and safety performance metrics, which
            shall, as applicable, incorporate--
                    ``(i) objective criteria for evaluating safety
                technologies; and
                    ``(ii) reasonable time periods for compliance with new
                or updated tests;
                ``(B) key milestones, including the anticipated start of an
            action, completion of an action, and effective date of an
            update; and
                ``(C) descriptions of the means by which an update will
            improve the passenger motor vehicle information developed under
            section 32302(a);
            ``(2) an identification and prioritization of safety
        opportunities and technologies--
                ``(A) with respect to the mid-term component of the roadmap
            under subsection (b)(1)(A)--
                    ``(i) that are practicable; and
                    ``(ii) for which objective rating tests, evaluation
                criteria, and other consumer data exist for a market-based,
                consumer information approach; and
                ``(B) with respect to the long-term component of the
            roadmap under subsection (b)(1)(B), exist or are in
            development;
            ``(3) an identification of--
                ``(A) any safety opportunity or technology that--
                    ``(i) is identified through the activities carried out
                pursuant to subsection (d) or (e); and
                    ``(ii) is not included in the roadmap under paragraph
                (2);
                ``(B) the reasons why such a safety opportunity or
            technology is not included in the roadmap; and
                ``(C) any developments or information that would be
            necessary for the Secretary to consider including such a safety
            opportunity or technology in a future roadmap; and
            ``(4) consideration of the benefits of consistency with other
        rating systems used--
                ``(A) within the United States; and
                ``(B) internationally.
        ``(d) Considerations.--Before finalizing a roadmap under this
    section, the Secretary shall--
            ``(1) make the roadmap available for public comment;
            ``(2) review any public comments received under paragraph (1);
        and
            ``(3) incorporate in the roadmap under this section those
        comments, as the Secretary determines to be appropriate.
        ``(e) Stakeholder Engagement.--Not less frequently than annually,
    the Secretary shall engage stakeholders that represent a diversity of
    technical backgrounds and viewpoints--
            ``(1) to identify--
                ``(A) safety opportunities or technologies in development
            that could be included in future roadmaps; and
                ``(B) opportunities to benefit from collaboration or
            harmonization with third-party safety rating programs;
            ``(2) to assist with long-term planning;
            ``(3) to provide an interim update of the status and
        development of the following roadmap to be established under
        subsection (a); and
            ``(4) to collect feedback or other information that the
        Secretary determines to be relevant to enhancing the New Car
        Assessment Program of the National Highway Traffic Safety
        Administration.''.
            (2) Clerical amendment.--The analysis for chapter 323 of title
        49, United States Code, is amended by adding at the end the
        following:
    ``32310. New Car Assessment Program roadmap.''.
    SEC. 24214. HOOD AND BUMPER STANDARDS.
        (a) Notice.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall issue a notice, for purposes of public
    review and comment, regarding potential updates to hood and bumper
    standards for motor vehicles (as defined in section 30102(a) of title
    49, United States Code).
        (b) Inclusions.--The notice under subsection (a) shall include
    information relating to--
            (1) the incorporation or consideration of advanced crash-
        avoidance technology in existing motor vehicle standards;
            (2) the incorporation or consideration of standards or
        technologies to reduce the number of injuries and fatalities
        suffered by pedestrians, bicyclists, or other vulnerable road
        users;
            (3) the development of performance test criteria for use by
        manufacturers in evaluating advanced crash-avoidance technology,
        including technology relating to vulnerable road user safety;
            (4) potential harmonization with global standards, including
        United Nations Economic Commission for Europe Regulation Number 42;
        and
            (5) such other information and analyses as the Secretary
        determines to be necessary.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on Energy
    and Commerce of the House of Representatives a report that describes--
            (1) the current status of hood and bumper standards;
            (2) relevant advanced crash-avoidance technology;
            (3) actions needed to be carried out to develop performance
        test criteria; and
            (4) if applicable, a plan for incorporating advanced crash-
        avoidance technology, including technology relating to vulnerable
        road user safety, in existing standards.
    SEC. 24215. EMERGENCY MEDICAL SERVICES AND 9-1-1.
        Section 158(a) of the National Telecommunications and Information
    Administration Organization Act (47 U.S.C. 942(a)) is amended by
    striking paragraph (4).
    SEC. 24216. EARLY WARNING REPORTING.
        (a) In General.--Section 30166(m)(3) of title 49, United States
    Code, is amended by adding at the end the following:
                ``(D) Settlements.--Notwithstanding any order entered in a
            civil action restricting the disclosure of information, a
            manufacturer of a motor vehicle or motor vehicle equipment
            shall comply with the requirements of this subsection and any
            regulations promulgated pursuant to this subsection.''.
        (b) Study and Report.--Not later than 18 months after the date of
    enactment of this Act, the Administrator of the National Highway
    Traffic Safety Administration shall--
            (1) conduct a study--
                (A) to evaluate the early warning reporting data submitted
            under section 30166(m) of title 49, United States Code
            (including regulations); and
                (B) to identify improvements, if any, that would enhance
            the use by the National Highway Traffic Administration of early
            warning reporting data to enhance safety; and
            (2) submit to the Committee on the Committee on Commerce,
        Science, and Transportation of the Senate and the Committee on
        Energy and Commerce of the House of Representatives a report
        describing the results of the study under paragraph (1), including
        any recommendations for regulatory or legislative action.
    SEC. 24217. IMPROVED VEHICLE SAFETY DATABASES.
        Not later than 3 years after the date of enactment of this Act,
    after consultation with frequent users of publicly available databases,
    the Secretary shall improve public accessibility to information
    relating to the publicly accessible vehicle safety databases of the
    National Highway Traffic Safety Administration by revising the publicly
    accessible vehicle safety databases--
            (1) to improve organization and functionality, including design
        features such as drop-down menus;
            (2) to allow data from applicable publicly accessible vehicle
        safety databases to be searched, sorted, aggregated, and downloaded
        in a manner that--
                (A) is consistent with the public interest; and
                (B) facilitates easy use by consumers;
            (3) to provide greater consistency in presentation of vehicle
        safety issues;
            (4) to improve searchability regarding specific vehicles and
        issues, which may include the standardization of commonly used
        search terms; and
            (5) to ensure nonconfidential documents and materials relating
        to information created or obtained by the National Highway Traffic
        Safety Administration are made publicly available in a manner that
        is--
                (A) timely; and
                (B) searchable in databases by any element that the
            Secretary determines to be in the public interest.
    SEC. 24218. NATIONAL DRIVER REGISTER ADVISORY COMMITTEE REPEAL.
        (a) In General.--Section 30306 of title 49, United States Code, is
    repealed.
        (b) Clerical Amendment.--The analysis for chapter 303 of title 49,
    United States Code, is amended by striking the item relating to section
    30306.
    SEC. 24219. RESEARCH ON CONNECTED VEHICLE TECHNOLOGY.
        The Administrator of the National Highway Traffic Safety
    Administration, in collaboration with the head of the Intelligent
    Transportation Systems Joint Program Office and the Administrator of
    the Federal Highway Administration, shall--
            (1) not later than 180 days after the date of enactment of this
        Act, expand vehicle-to-pedestrian research efforts focused on
        incorporating bicyclists and other vulnerable road users into the
        safe deployment of connected vehicle systems; and
            (2) not later than 2 years after the date of enactment of this
        Act, submit to Congress and make publicly available a report
        describing the findings of the research efforts described in
        paragraph (1), including an analysis of the extent to which
        applications supporting vulnerable road users can be accommodated
        within existing spectrum allocations for connected vehicle systems.
    SEC. 24220. ADVANCED IMPAIRED DRIVING TECHNOLOGY.
        (a) Findings.--Congress finds that--
            (1) alcohol-impaired driving fatalities represent approximately
        \1/3\ of all highway fatalities in the United States each year;
            (2) in 2019, there were 10,142 alcohol-impaired driving
        fatalities in the United States involving drivers with a blood
        alcohol concentration level of .08 or higher, and 68 percent of the
        crashes that resulted in those fatalities involved a driver with a
        blood alcohol concentration level of .15 or higher;
            (3) the estimated economic cost for alcohol-impaired driving in
        2010 was $44,000,000,000;
            (4) according to the Insurance Institute for Highway Safety,
        advanced drunk and impaired driving prevention technology can
        prevent more than 9,400 alcohol-impaired driving fatalities
        annually; and
            (5) to ensure the prevention of alcohol-impaired driving
        fatalities, advanced drunk and impaired driving prevention
        technology must be standard equipment in all new passenger motor
        vehicles.
        (b) Definitions.--In this section:
            (1) Advanced drunk and impaired driving prevention
        technology.--The term ``advanced drunk and impaired driving
        prevention technology'' means a system that--
                (A) can--
                    (i) passively monitor the performance of a driver of a
                motor vehicle to accurately identify whether that driver
                may be impaired; and
                    (ii) prevent or limit motor vehicle operation if an
                impairment is detected;
                (B) can--
                    (i) passively and accurately detect whether the blood
                alcohol concentration of a driver of a motor vehicle is
                equal to or greater than the blood alcohol concentration
                described in section 163(a) of title 23, United States
                Code; and
                    (ii) prevent or limit motor vehicle operation if a
                blood alcohol concentration above the legal limit is
                detected; or
                (C) is a combination of systems described in subparagraphs
            (A) and (B).
            (2) New.--The term ``new'', with respect to a passenger motor
        vehicle, means that the passenger motor vehicle--
                (A) is a new vehicle (as defined in section 37.3 of title
            49, Code of Federal Regulations (or a successor regulation));
            and
                (B) has not been purchased for purposes other than resale.
            (3) Passenger motor vehicle.--The term ``passenger motor
        vehicle'' has the meaning given the term in section 32101 of title
        49, United States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary of
        Transportation, acting through the Administrator of the National
        Highway Traffic Safety Administration.
        (c) Advanced Drunk and Impaired Driving Prevention Technology
    Safety Standard.--Subject to subsection (e) and not later than 3 years
    after the date of enactment of this Act, the Secretary shall issue a
    final rule prescribing a Federal motor vehicle safety standard under
    section 30111 of title 49, United States Code, that requires passenger
    motor vehicles manufactured after the effective date of that standard
    to be equipped with advanced drunk and impaired driving prevention
    technology.
        (d) Requirement.--To allow sufficient time for manufacturer
    compliance, the compliance date of the rule issued under subsection (c)
    shall be not earlier than 2 years and not more than 3 years after the
    date on which that rule is issued.
        (e) Timing.--If the Secretary determines that the Federal motor
    vehicle safety standard required under subsection (c) cannot meet the
    requirements and considerations described in subsections (a) and (b) of
    section 30111 of title 49, United States Code, by the applicable date,
    the Secretary--
            (1) may extend the time period to such date as the Secretary
        determines to be necessary, but not later than the date that is 3
        years after the date described in subsection (c);
            (2) shall, not later than the date described in subsection (c)
        and not less frequently than annually thereafter until the date on
        which the rule under that subsection is issued, submit to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Energy and Commerce of the House of
        Representatives a report describing, as of the date of submission
        of the report--
                (A) the reasons for not prescribing a Federal motor vehicle
            safety standard under section 30111 of title 49, United States
            Code, that requires advanced drunk and impaired driving
            prevention technology in all new passenger motor vehicles;
                (B) the deployment of advanced drunk and impaired driving
            prevention technology in vehicles;
                (C) any information relating to the ability of vehicle
            manufacturers to include advanced drunk and impaired driving
            prevention technology in new passenger motor vehicles; and
                (D) an anticipated timeline for prescribing the Federal
            motor vehicle safety standard described in subsection (c); and
            (3) if the Federal motor vehicle safety standard required by
        subsection (c) has not been finalized by the date that is 10 years
        after the date of enactment of this Act, shall submit to the
        Committee on Commerce, Science, and Transportation of the Senate
        and the Committee on Energy and Commerce of the House of
        Representative a report describing--
                (A) the reasons why the Federal motor vehicle safety
            standard has not been finalized;
                (B) the barriers to finalizing the Federal motor vehicle
            safety standard; and
                (C) recommendations to Congress to facilitate the Federal
            motor vehicle safety standard.
    SEC. 24221. GAO REPORT ON CRASH DUMMIES.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Comptroller General of the United States shall conduct
    a study and submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Energy and Commerce
    of the House of Representatives a report that--
            (1) examines--
                (A) the processes used by the National Highway Traffic
            Safety Administration (referred to in this section as the
            ``Administration'') for studying and deploying crash test
            dummies;
                (B)(i) the types of crash test dummies used by the
            Administration as of the date of enactment of this Act;
                (ii) the seating positions in which those crash test
            dummies are tested; and
                (iii) whether the seating position affects disparities in
            motor vehicle safety outcomes based on demographic
            characteristics, including sex, and, if so, how the seating
            position affects those disparities;
                (C) the biofidelic crash test dummies that are available in
            the global and domestic marketplace that reflect the physical
            and demographic characteristics of the driving public in the
            United States, including--
                    (i) females;
                    (ii) the elderly;
                    (iii) young adults;
                    (iv) children; and
                    (v) individuals of differing body weights;
                (D) how the Administration determines whether to study and
            deploy new biofidelic crash test dummies, including the
            biofidelic crash test dummies examined under subparagraph (C),
            and the timelines by which the Administration conducts the work
            of making those determinations and studying and deploying new
            biofidelic crash test dummies;
                (E) challenges the Administration faces in studying and
            deploying new crash test dummies; and
                (F) how the practices of the Administration with respect to
            crash test dummies compare to other programs that test vehicles
            and report results to the public, including the European New
            Car Assessment Programme;
            (2) evaluates potential improvements to the processes described
        in paragraph (1) that could reduce disparities in motor vehicle
        safety outcomes based on demographic characteristics, including
        sex;
            (3) analyzes the potential use of computer simulation
        techniques, as a supplement to physical crash tests, to conduct
        virtual simulations of vehicle crash tests in order to evaluate
        predicted motor vehicle safety outcomes based on the different
        physical and demographic characteristics of motor vehicle
        occupants; and
            (4) includes, as applicable, any assessments or recommendations
        relating to crash test dummies that are relevant to reducing
        disparities in motor vehicle safety outcomes based on demographic
        characteristics, including sex.
        (b) Interim Report From the Administration.--Not later than 90 days
    after the date of enactment of this Act, the Administrator of the
    Administration shall submit to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Energy and Commerce
    of the House of Representatives a report that--
            (1) identifies--
                (A) the types of crash test dummies used by the
            Administration as of the date of enactment of this Act with
            respect to--
                    (i) the New Car Assessment Program of the
                Administration; and
                    (ii) testing relating to Federal Motor Vehicle Safety
                Standards;
                (B) how each type of crash test dummy identified under
            subparagraph (A) is tested with respect to seating position;
            and
                (C) any crash test dummies that the Administration is
            actively evaluating for future use--
                    (i) in the New Car Assessment Program of the
                Administration; or
                    (ii) for testing relating to Federal Motor Vehicle
                Safety Standards;
            (2) explains--
                (A) the plans of the Administration, including the expected
            timelines, for putting any crash test dummies identified under
            paragraph (1)(C) to use as described in that paragraph;
                (B) any challenges to putting those crash test dummies to
            use; and
                (C) the potential use of computer simulation techniques, as
            a supplement to physical crash tests, to conduct virtual
            simulations of vehicle crash tests in order to evaluate
            predicted motor vehicle safety outcomes based on the different
            physical and demographic characteristics of motor vehicle
            occupants; and
            (3) provides policy recommendations for reducing disparities in
        motor vehicle safety testing and outcomes based on demographic
        characteristics, including sex.
    SEC. 24222. CHILD SAFETY.
        (a) Amendment.--
            (1) In general.--Chapter 323 of title 49, United States Code,
        is amended by adding after section 32304A the following:
    ``Sec. 32304B. Child safety
        ``(a) Definitions.--In this section:
            ``(1) Passenger motor vehicle.--The term `passenger motor
        vehicle' has the meaning given that term in section 32101.
            ``(2) Rear-designated seating position.--The term `rear-
        designated seating position' means designated seating positions
        that are rearward of the front seat.
            ``(3) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
        ``(b) Rulemaking.--Not later than 2 years after the date of
    enactment of this section, the Secretary shall issue a final rule
    requiring all new passenger motor vehicles weighing less than 10,000
    pounds gross vehicle weight to be equipped with a system to alert the
    operator to check rear-designated seating positions after the vehicle
    engine or motor is deactivated by the operator.
        ``(c) Means.--The alert required under subsection (b)--
            ``(1) shall include a distinct auditory and visual alert, which
        may be combined with a haptic alert; and
            ``(2) shall be activated when the vehicle motor is deactivated
        by the operator.
        ``(d) Phase-in.--The rule issued pursuant to subsection (b) shall
    require full compliance with the rule beginning on September 1st of the
    first calendar year that begins 2 years after the date on which the
    final rule is issued.''.
            (2) Clerical amendment.--The analysis for chapter 323 of title
        49, United States Code, is amended by inserting after the item
        relating to section 32304A the following:
    ``32304B. Child safety.''.

        (b) Awareness of Children in Motor Vehicles.--Section 402 of title
    23, United States Code (as amended by section 24102(a)(9)), is amended
    by adding at the end the following:
        ``(o) Unattended Passengers.--
            ``(1) In general.--Each State shall use a portion of the
        amounts received by the State under this section to carry out a
        program to educate the public regarding the risks of leaving a
        child or unattended passenger in a vehicle after the vehicle motor
        is deactivated by the operator.
            ``(2) Program placement.--Nothing in this subsection requires a
        State to carry out a program described in paragraph (1) through the
        State transportation or highway safety office.''.
        (c) Study and Report.--
            (1) Study.--
                (A) In general.--The Secretary shall conduct a study on--
                    (i) the potential retrofitting of existing passenger
                motor vehicles with 1 or more technologies that may address
                the problem of children left in rear-designated seating
                positions of motor vehicles after deactivation of the motor
                vehicles by an operator; and
                    (ii) the potential benefits and burdens, logistical or
                economic, associated with widespread use of those
                technologies.
                (B) Elements.--In carrying out the study under subparagraph
            (A), the Secretary shall--
                    (i) survey and evaluate a variety of methods used by
                current and emerging aftermarket technologies or products
                to reduce the risk of children being left in rear-
                designated seating positions after deactivation of a motor
                vehicle; and
                    (ii) provide recommendations--

                        (I) for manufacturers of the technologies and
                    products described in clause (i) to carry out a
                    functional safety performance evaluation to ensure that
                    the technologies and products perform as designed by
                    the manufacturer under a variety of real-world
                    conditions; and
                        (II) for consumers on methods to select an
                    appropriate technology or product described in clause
                    (i) in order to retrofit existing vehicles.

            (2) Report by secretary.--Not later than 180 days after the
        date on which the Secretary issues the final rule required by
        section 32304B(b) of title 49, United States Code (as added by
        subsection (a)(1)), the Secretary shall submit a report describing
        the results of the study carried out under paragraph (1) to--
                (A) the Committee on Commerce, Science, and Transportation
            of the Senate; and
                (B) the Committee on Energy and Commerce of the House of
            Representatives.

                        TITLE V--RESEARCH AND INNOVATION

    SEC. 25001. INTELLIGENT TRANSPORTATION SYSTEMS PROGRAM ADVISORY
    COMMITTEE.
        Section 515(h) of title 23, United States Code, is amended--
            (1) in paragraph (1), by inserting ``(referred to in this
        subsection as the `Advisory Committee')'' after ``an Advisory
        Committee'';
            (2) in paragraph (2)--
                (A) in the matter preceding subparagraph (A), by striking
            ``20 members'' and inserting ``25 members'';
                (B) in subparagraph (O) (as redesignated by section
            13008(a)(2))--
                    (i) by striking ``utilities,''; and
                    (ii) by striking the period at the end and inserting a
                semicolon;
                (C) by redesignating subparagraphs (F), (G), (H), (I), (J),
            (K), (L), (M), (N), and (O) (as added or redesignated by
            section 13008(a)) as subparagraphs (H), (J), (K), (L), (M),
            (N), (O), (S), (T), and (U), respectively;
                (D) by inserting after subparagraph (E) (as redesignated by
            section 13008(a)(2)) the following:
                ``(F) a representative of a national transit association;
                ``(G) a representative of a national, State, or local
            transportation agency or association;'';
                (E) by inserting after subparagraph (H) (as redesignated by
            subparagraph (C)) the following:
                ``(I) a private sector developer of intelligent
            transportation system technologies, which may include emerging
            vehicle technologies;'';
                (F) by inserting after subparagraph (O) (as so
            redesignated) the following:
                ``(P) a representative of a labor organization;
                ``(Q) a representative of a mobility-providing entity;
                ``(R) an expert in traffic management;''; and
                (G) by adding at the end the following:
                ``(V) an expert in cybersecurity; and
                ``(W) an automobile manufacturer.'';
            (3) in paragraph (3)--
                (A) in subparagraph (A), by striking ``section 508'' and
            inserting ``section 6503 of title 49''; and
                (B) in subparagraph (B)--
                    (i) in the matter preceding clause (i), by inserting
                ``programs and'' before ``research''; and
                    (ii) in clause (iii), by striking ``research and'' and
                inserting ``programs, research, and'';
            (4) by redesignating paragraphs (3) through (5) as paragraphs
        (5) through (7); and
            (5) by inserting after paragraph (2) the following:
            ``(3) Term.--
                ``(A) In general.--The term of a member of the Advisory
            Committee shall be 3 years.
                ``(B) Renewal.--On expiration of the term of a member of
            the Advisory Committee, the member--
                    ``(i) may be reappointed; or
                    ``(ii) if the member is not reappointed under clause
                (i), may serve until a new member is appointed.
            ``(4) Meetings.--The Advisory Committee--
                ``(A) shall convene not less frequently than twice each
            year; and
                ``(B) may convene with the use of remote video conference
            technology.''.
    SEC. 25002. SMART COMMUNITY RESOURCE CENTER.
        (a) Definitions.--In this section:
            (1) Resource center.--The term ``resource center'' means the
        Smart Community Resource Center established under subsection (b).
            (2) Smart community.--The term ``smart community'' means a
        community that uses innovative technologies, data, analytics, and
        other means to improve the community and address local challenges.
        (b) Establishment.--The Secretary shall work with the modal
    administrations of the Department and with such other Federal agencies
    and departments as the Secretary determines to be appropriate to make
    available to the public on an Internet website a resource center, to be
    known as the ``Smart Community Resource Center'', that includes a
    compilation of resources or links to resources for States and local
    communities to use in developing and implementing--
            (1) intelligent transportation system programs; or
            (2) smart community transportation programs.
        (c) Inclusions.--The resource center shall include links to--
            (1) existing programs and resources for intelligent
        transportation system or smart community transportation programs,
        including technical assistance, education, training, funding, and
        examples of intelligent transportation systems or smart community
        transportation programs implemented by States and local
        communities, available from--
                (A) the Department;
                (B) other Federal agencies; and
                (C) non-Federal sources;
            (2) existing reports or databases with the results of
        intelligent transportation system or smart community transportation
        programs;
            (3) any best practices developed or lessons learned from
        intelligent transportation system or smart community transportation
        programs; and
            (4) such other resources as the Secretary determines to be
        appropriate.
        (d) Deadline.--The Secretary shall establish the resource center by
    the date that is 1 year after the date of enactment of this Act.
        (e) Updates.--The Secretary shall ensure that the resource center
    is updated on a regular basis.
    SEC. 25003. FEDERAL SUPPORT FOR LOCAL DECISIONMAKING.
        (a) Local Outreach.--To determine the data analysis tools needed to
    assist local communities in making infrastructure decisions, the
    Director of the Bureau of Transportation Statistics shall perform
    outreach to planning and infrastructure decision-making officials in
    units of local government and other units of government, including a
    geographically diverse group of individuals from--
            (1) States;
            (2) political subdivisions of States;
            (3) cities;
            (4) metropolitan planning organizations;
            (5) regional transportation planning organizations; and
            (6) federally recognized Indian Tribes.
        (b) Work Plan.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, based on the outreach performed under
        subsection (a), the Director of the Bureau of Transportation
        Statistics shall submit to the Secretary a work plan for reviewing
        and updating existing data analysis tools and developing any
        additional data analysis tools needed to assist local communities
        with making infrastructure investment decisions.
            (2) Contents.--Based on the needs identified pursuant to the
        outreach performed under subsection (a), the work plan submitted
        under paragraph (1) shall include--
                (A) a description of the data analysis tools identified
            that would benefit infrastructure decision-making by local
            governments and address the goals described in subsection (c);
                (B) a review of the datasets that local governments need to
            effectively use the data analysis tools described in
            subparagraph (A);
                (C) an identification of existing or proposed data analysis
            tools that use publicly available data;
                (D) the estimated cost of obtaining each dataset described
            in subparagraph (B);
                (E) the estimated cost to develop the data analysis tools
            described in subparagraph (A);
                (F) a prioritization for the development of data analysis
            tools described in subparagraph (A); and
                (G) a determination as to whether it would be appropriate
            for the Federal Government to develop the data analysis tools
            described in subparagraph (A).
        (c) Goals.--
            (1) In general.--A data analysis tool created pursuant to the
        work plan submitted under subsection (b)(1) shall be developed to
        help inform local communities in making infrastructure investments.
            (2) Specific issues.--A data analysis tool created pursuant to
        the work plan submitted under subsection (b)(1) shall be intended
        to help units of local government and other units of government
        address 1 or more of the following:
                (A) Improving maintenance of existing assets.
                (B) Rebuilding infrastructure to a state of good repair.
                (C) Creating economic development through infrastructure
            development.
                (D) Establishing freight plans and infrastructure that
            connects the community to supply chains.
                (E) Increasing options for communities that lack access to
            affordable transportation to improve access to jobs, affordable
            housing, schools, medical services, foods and other essential
            community services.
                (F) Reducing congestion.
                (G) Improving community resilience to extreme weather
            events.
                (H) Any other subject, as the Director determines to be
            necessary.
        (d) Implementation.--Subject to the availability of appropriations,
    the Secretary shall develop data analysis tools and purchase datasets
    as prioritized in the work plan.
        (e) Coordination.--The Director of the Bureau of Transportation
    Statistics may utilize existing working groups or advisory committees
    to perform the local outreach required under subsection (a).
    SEC. 25004. BUREAU OF TRANSPORTATION STATISTICS.
        (a) Funding.--In addition to amounts made available from the
    Highway Trust Fund, there is authorized to be appropriated to the
    Secretary for use by the Bureau of Transportation Statistics for data
    collection and analysis activities $10,000,000 for each of fiscal years
    2022 through 2026.
        (b) Amendment.--Section 6302(b)(3)(B)(vi) of title 49, United
    States Code, is amended--
            (1) by striking subclause (V);
            (2) by redesignating subclauses (VI) through (XI) as subclauses
        (VII) through (XII), respectively; and
            (3) by adding after subclause (IV) the following:

                        ``(V) employment in the transportation sector;
                        ``(VI) the effects of the transportation system,
                    including advanced technologies and automation, on
                    global and domestic economic competitiveness;''.

    SEC. 25005. STRENGTHENING MOBILITY AND REVOLUTIONIZING TRANSPORTATION
    GRANT PROGRAM.
        (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                (A) a State;
                (B) a political subdivision of a State;
                (C) a Tribal government;
                (D) a public transit agency or authority;
                (E) a public toll authority;
                (F) a metropolitan planning organization; and
                (G) a group of 2 or more eligible entities described in any
            of subparagraphs (A) through (F) applying through a single lead
            applicant.
            (2) Eligible project.--The term ``eligible project'' means a
        project described in subsection (e).
            (3) Large community.--The term ``large community'' means a
        community with a population of not less than 400,000 individuals,
        as determined under the most recent annual estimate of the Bureau
        of the Census.
            (4) Midsized community.--The term ``midsized community'' means
        any community that is not a large community or a rural community.
            (5) Regional partnership.--The term ``regional partnership''
        means a partnership composed of 2 or more eligible entities located
        in jurisdictions with a combined population that is equal to or
        greater than the population of any midsized community.
            (6) Rural community.--The term ``rural community'' means a
        community that is located in an area that is outside of an
        urbanized area (as defined in section 5302 of title 49, United
        States Code).
            (7) SMART grant.--The term ``SMART grant'' means a grant
        provided to an eligible entity under the Strengthening Mobility and
        Revolutionizing Transportation Grant Program established under
        subsection (b).
        (b) Establishment of Program.--The Secretary shall establish a
    program, to be known as the ``Strengthening Mobility and
    Revolutionizing Transportation Grant Program'', under which the
    Secretary shall provide grants to eligible entities to conduct
    demonstration projects focused on advanced smart city or community
    technologies and systems in a variety of communities to improve
    transportation efficiency and safety.
        (c) Distribution.--In determining the projects for which to provide
    a SMART grant, the Secretary shall consider contributions to
    geographical diversity among grant recipients, including the need for
    balancing the needs of rural communities, midsized communities, and
    large communities, consistent with the requirements of subparagraphs
    (A) through (C) of subsection (g)(1).
        (d) Applications.--
            (1) In general.--An eligible entity may submit to the Secretary
        an application for a SMART grant at such time, in such manner, and
        containing such information as the Secretary may require.
            (2) Transparency.--The Secretary shall include, in any notice
        of funding availability relating to SMART grants, a full
        description of the method by which applications under paragraph (1)
        will be evaluated.
            (3) Selection criteria.--
                (A) In general.--The Secretary shall evaluate applications
            for SMART grants based on--
                    (i) the extent to which the eligible entity or
                applicable beneficiary community--

                        (I) has a public transportation system or other
                    transit options capable of integration with other
                    systems to improve mobility and efficiency;
                        (II) has a population density and transportation
                    needs conducive to demonstrating proposed strategies;
                        (III) has continuity of committed leadership and
                    the functional capacity to carry out the proposed
                    project;
                        (IV) is committed to open data sharing with the
                    public; and
                        (V) is likely to successfully implement the
                    proposed eligible project, including through technical
                    and financial commitments from the public and private
                    sectors; and

                    (ii) the extent to which a proposed eligible project
                will use advanced data, technology, and applications to
                provide significant benefits to a local area, a State, a
                region, or the United States, including the extent to which
                the proposed eligible project will--

                        (I) reduce congestion and delays for commerce and
                    the traveling public;
                        (II) improve the safety and integration of
                    transportation facilities and systems for pedestrians,
                    bicyclists, and the broader traveling public;
                        (III) improve access to jobs, education, and
                    essential services, including health care;
                        (IV) connect or expand access for underserved or
                    disadvantaged populations and reduce transportation
                    costs;
                        (V) contribute to medium- and long-term economic
                    competitiveness;
                        (VI) improve the reliability of existing
                    transportation facilities and systems;
                        (VII) promote connectivity between and among
                    connected vehicles, roadway infrastructure,
                    pedestrians, bicyclists, the public, and transportation
                    systems
                        (VIII) incentivize private sector investments or
                    partnerships, including by working with mobile and
                    fixed telecommunication service providers, to the
                    extent practicable;
                        (IX) improve energy efficiency or reduce pollution;
                        (X) increase the resiliency of the transportation
                    system; and
                        (XI) improve emergency response.

                (B) Priority.--In providing SMART grants, the Secretary
            shall give priority to applications for eligible projects that
            would--
                    (i) demonstrate smart city or community technologies in
                repeatable ways that can rapidly be scaled;
                    (ii) encourage public and private sharing of data and
                best practices;
                    (iii) encourage private-sector innovation by promoting
                industry-driven technology standards, open platforms,
                technology-neutral requirements, and interoperability;
                    (iv) promote a skilled workforce that is inclusive of
                minority or disadvantaged groups;
                    (v) allow for the measurement and validation of the
                cost savings and performance improvements associated with
                the installation and use of smart city or community
                technologies and practices;
                    (vi) encourage the adoption of smart city or community
                technologies by communities;
                    (vii) promote industry practices regarding
                cybersecurity; and
                    (viii) safeguard individual privacy.
            (4) Technical assistance.--On request of an eligible entity
        that submitted an application under paragraph (1) with respect to a
        project that is not selected for a SMART grant, the Secretary shall
        provide to the eligible entity technical assistance and briefings
        relating to the project.
        (e) Use of Grant Funds.--
            (1) Eligible projects.--
                (A) In general.--A SMART grant may be used to carry out a
            project that demonstrates at least 1 of the following:
                    (i) Coordinated automation.--The use of automated
                transportation and autonomous vehicles, while working to
                minimize the impact on the accessibility of any other user
                group or mode of travel.
                    (ii) Connected vehicles.--Vehicles that send and
                receive information regarding vehicle movements in the
                network and use vehicle-to-vehicle and vehicle-to-
                everything communications to provide advanced and reliable
                connectivity.
                    (iii) Intelligent, sensor-based infrastructure.--The
                deployment and use of a collective intelligent
                infrastructure that allows sensors to collect and report
                real-time data to inform everyday transportation-related
                operations and performance.
                    (iv) Systems integration.--The integration of
                intelligent transportation systems with other existing
                systems and other advanced transportation technologies.
                    (v) Commerce delivery and logistics.--Innovative data
                and technological solutions supporting efficient goods
                movement, such as connected vehicle probe data, road
                weather data, or global positioning data to improve on-time
                pickup and delivery, improved travel time reliability,
                reduced fuel consumption and emissions, and reduced labor
                and vehicle maintenance costs.
                    (vi) Leveraging use of innovative aviation
                technology.--Leveraging the use of innovative aviation
                technologies, such as unmanned aircraft systems, to support
                transportation safety and efficiencies, including traffic
                monitoring and infrastructure inspection.
                    (vii) Smart grid.--Development of a programmable and
                efficient energy transmission and distribution system to
                support the adoption or expansion of energy capture,
                electric vehicle deployment, or freight or commercial fleet
                fuel efficiency.
                    (viii) Smart technology traffic signals.--Improving the
                active management and functioning of traffic signals,
                including through--

                        (I) the use of automated traffic signal performance
                    measures;
                        (II) implementing strategies, activities, and
                    projects that support active management of traffic
                    signal operations, including through optimization of
                    corridor timing, improved vehicle, pedestrian, and
                    bicycle detection at traffic signals, or the use of
                    connected vehicle technologies;
                        (III) replacing outdated traffic signals; or
                        (IV) for an eligible entity serving a population of
                    less than 500,000, paying the costs of temporary
                    staffing hours dedicated to updating traffic signal
                    technology.

            (2) Eligible project costs.--A SMART grant may be used for--
                (A) development phase activities, including--
                    (i) planning;
                    (ii) feasibility analyses;
                    (iii) revenue forecasting;
                    (iv) environmental review;
                    (v) permitting;
                    (vi) preliminary engineering and design work;
                    (vii) systems development or information technology
                work; and
                    (viii) acquisition of real property (including land and
                improvements to land relating to an eligible project); and
                (B) construction phase activities, including--
                    (i) construction;
                    (ii) reconstruction;
                    (iii) rehabilitation;
                    (iv) replacement;
                    (v) environmental mitigation;
                    (vi) construction contingencies; and
                    (vii) acquisition of equipment, including vehicles.
            (3) Prohibited uses.--A SMART grant shall not be used--
                (A) to reimburse any preaward costs or application
            preparation costs of the SMART grant application;
                (B) for any traffic or parking enforcement activity; or
                (C) to purchase or lease a license plate reader.
        (f) Reports.--
            (1) Eligible entities.--Not later than 2 years after the date
        on which an eligible entity receives a SMART grant, and annually
        thereafter until the date on which the SMART grant is expended, the
        eligible entity shall submit to the Secretary an implementation
        report that describes--
                (A) the deployment and operational costs of each eligible
            project carried out by the eligible entity, as compared to the
            benefits and savings from the eligible project; and
                (B) the means by which each eligible project carried out by
            the eligible entity has met the original expectation, as
            projected in the SMART grant application, including--
                    (i) data describing the means by which the eligible
                project met the specific goals for the project, such as--

                        (I) reducing traffic-related fatalities and
                    injuries;
                        (II) reducing traffic congestion or improving
                    travel-time reliability;
                        (III) providing the public with access to real-time
                    integrated traffic, transit, and multimodal
                    transportation information to make informed travel
                    decisions; or
                        (IV) reducing barriers or improving access to jobs,
                    education, or various essential services;

                    (ii) the effectiveness of providing to the public real-
                time integrated traffic, transit, and multimodal
                transportation information to make informed travel
                decisions; and
                    (iii) lessons learned and recommendations for future
                deployment strategies to optimize transportation efficiency
                and multimodal system performance.
            (2) GAO.--Not later than 4 years after the date of enactment of
        this Act, the Comptroller General of the United States shall
        conduct, and submit to the Committee on Commerce, Science, and
        Transportation of the Senate, the Committee on Energy and Commerce
        of the House of Representatives, and the Committee on
        Transportation and Infrastructure of the House of Representatives a
        report describing the results of, a review of the SMART grant
        program under this section.
            (3) Secretary.--
                (A) Report to congress.--Not later than 2 years after the
            date on which the initial SMART grants are provided under this
            section, the Secretary shall submit to the Committee on
            Commerce, Science, and Transportation of the Senate, the
            Committee on Energy and Commerce of the House of
            Representatives, and the Committee on Transportation and
            Infrastructure of the House of Representatives a report that--
                    (i) describes each eligible entity that received a
                SMART grant;
                    (ii) identifies the amount of each SMART grant
                provided;
                    (iii) summarizes the intended uses of each SMART grant;
                    (iv) describes the effectiveness of eligible entities
                in meeting the goals described in the SMART grant
                application of the eligible entity, including an assessment
                or measurement of the realized improvements or benefits
                resulting from each SMART grant; and
                    (v) describes lessons learned and recommendations for
                future deployment strategies to optimize transportation
                efficiency and multimodal system performance.
                (B) Best practices.--The Secretary shall--
                    (i) develop and regularly update best practices based
                on, among other information, the data, lessons learned, and
                feedback from eligible entities that received SMART grants;
                    (ii) publish the best practices under clause (i) on a
                publicly available website; and
                    (iii) update the best practices published on the
                website under clause (ii) regularly.
        (g) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to the
        Secretary $100,000,000 for each of the first 5 fiscal years
        beginning after the date of enactment of this Act, of which--
                (A) not more than 40 percent shall be used to provide SMART
            grants for eligible projects that primarily benefit large
            communities;
                (B) not more than 30 percent shall be provided for eligible
            projects that primarily benefit midsized communities; and
                (C) not more than 30 percent shall be used to provide SMART
            grants for eligible projects that primarily benefit rural
            communities or regional partnerships.
            (2) Administrative costs.--Of the amounts made available under
        paragraph (1) for each fiscal year, not more than 2 percent shall
        be used for administrative costs of the Secretary in carrying out
        this section.
            (3) Limitation.--An eligible entity may not use more than 3
        percent of the amount of a SMART grant for each fiscal year to
        achieve compliance with applicable planning and reporting
        requirements.
            (4) Availability.--The amounts made available for a fiscal year
        pursuant to this subsection shall be available for obligation
        during the 2-fiscal-year period beginning on the first day of the
        fiscal year for which the amounts were appropriated.
    SEC. 25006. ELECTRIC VEHICLE WORKING GROUP.
        (a) Definitions.--In this section:
            (1) Secretaries.--The term ``Secretaries'' means--
                (A) the Secretary; and
                (B) the Secretary of Energy.
            (2) Working group.--The term ``working group'' means the
        electric vehicle working group established under subsection (b)(1).
        (b) Establishment.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretaries shall jointly establish an
        electric vehicle working group to make recommendations regarding
        the development, adoption, and integration of light-, medium-, and
        heavy-duty electric vehicles into the transportation and energy
        systems of the United States.
            (2) Membership.--
                (A) In general.--The working group shall be composed of--
                    (i) the Secretaries (or designees), who shall be
                cochairs of the working group; and
                    (ii) not more than 25 members, to be appointed by the
                Secretaries, of whom--

                        (I) not more than 6 shall be Federal stakeholders
                    as described in subparagraph (B); and
                        (II) not more than 19 shall be non-Federal
                    stakeholders as described in subparagraph (C).

                (B) Federal stakeholders.--The working group--
                    (i) shall include not fewer than 1 representative of
                each of--

                        (I) the Department;
                        (II) the Department of Energy;
                        (III) the Environmental Protection Agency;
                        (IV) the Council on Environmental Quality; and
                        (V) the General Services Administration; and

                    (ii) may include a representative of any other Federal
                agency the Secretaries consider to be appropriate.
                (C) Non-federal stakeholders.--
                    (i) In general.--Subject to clause (ii), the working
                group--

                        (I) shall include not fewer than 1 representative
                    of each of--

                            (aa) a manufacturer of light-duty electric
                        vehicles or the relevant components of light-duty
                        electric vehicles;
                            (bb) a manufacturer of medium- and heavy-duty
                        vehicles or the relevant components of medium- and
                        heavy-duty electric vehicles;
                            (cc) a manufacturer of electric vehicle
                        batteries;
                            (dd) an owner, operator, or manufacturer of
                        electric vehicle charging equipment;
                            (ee) the public utility industry;
                            (ff) a public utility regulator or association
                        of public utility regulators;
                            (gg) the transportation fueling distribution
                        industry;
                            (hh) the energy provider industry;
                            (ii) the automotive dealing industry;
                            (jj) the for-hire passenger transportation
                        industry;
                            (kk) an organization representing units of
                        local government;
                            (ll) an organization representing regional
                        transportation or planning agencies;
                            (mm) an organization representing State
                        departments of transportation;
                            (nn) an organization representing State
                        departments of energy or State energy planners;
                            (oo) the intelligent transportation systems and
                        technologies industry;
                            (pp) labor organizations representing workers
                        in transportation manufacturing, construction, or
                        operations;
                            (qq) the trucking industry;
                            (rr) Tribal governments; and
                            (ss) the property development industry; and

                        (II) may include a representative of any other non-
                    Federal stakeholder that the Secretaries consider to be
                    appropriate.

                    (ii) Requirement.--The stakeholders selected under
                clause (i) shall, in the aggregate--

                        (I) consist of individuals with a balance of
                    backgrounds, experiences, and viewpoints; and
                        (II) include individuals that represent
                    geographically diverse regions of the United States,
                    including individuals representing the perspectives of
                    rural, urban, and suburban areas.

                (D) Compensation.--A member of the working group shall
            serve without compensation.
            (3) Meetings.--
                (A) In general.--The working group shall meet not less
            frequently than once every 120 days.
                (B) Remote participation.--A member of the working group
            may participate in a meeting of the working group via
            teleconference or similar means.
            (4) Coordination.--In carrying out the duties of the working
        group, the working group shall coordinate and consult with any
        existing Federal interagency working groups on fleet conversion or
        other similar matters relating to electric vehicles.
        (c) Reports and Strategy on Electric Vehicle Adoption.--
            (1) Working group reports.--The working group shall complete by
        each of the deadlines described in paragraph (2) a report
        describing the status of electric vehicle adoption including--
                (A) a description of the barriers and opportunities to
            scaling up electric vehicle adoption throughout the United
            States, including recommendations for issues relating to--
                    (i) consumer behavior;
                    (ii) charging infrastructure needs, including
                standardization and cybersecurity;
                    (iii) manufacturing and battery costs, including the
                raw material shortages for batteries and electric motor
                magnets;
                    (iv) the adoption of electric vehicles for low- and
                moderate-income individuals and underserved communities,
                including charging infrastructure access and vehicle
                purchase financing;
                    (v) business models for charging personal electric
                vehicles outside the home, including wired and wireless
                charging;
                    (vi) charging infrastructure permitting and regulatory
                issues;
                    (vii) the connections between housing and
                transportation costs and emissions;
                    (viii) freight transportation, including local, port
                and drayage, regional, and long-haul trucking;
                    (ix) intercity passenger travel;
                    (x) the process by which governments collect a user fee
                for the contribution of electric vehicles to funding
                roadway improvements;
                    (xi) State- and local-level policies, incentives, and
                zoning efforts;
                    (xii) the installation of highway corridor signage;
                    (xiii) secondary markets and recycling for batteries;
                    (xiv) grid capacity and integration;
                    (xv) energy storage; and
                    (xvi) specific regional or local issues that may not
                appear to apply throughout the United States, but may
                hamper nationwide adoption or coordination of electric
                vehicles;
                (B) examples of successful public and private models and
            demonstration projects that encourage electric vehicle
            adoption;
                (C) an analysis of current efforts to overcome the barriers
            described in subparagraph (A);
                (D) an analysis of the estimated costs and benefits of any
            recommendations of the working group; and
                (E) any other topics, as determined by the working group.
            (2) Deadlines.--A report under paragraph (1) shall be submitted
        to the Secretaries, the Committees on Commerce, Science, and
        Transportation and Appropriations of the Senate and the Committees
        on Transportation and Infrastructure and Appropriations of the
        House of Representatives--
                (A) in the case of the first report, by not later than 18
            months after the date on which the working group is established
            under subsection (b)(1);
                (B) in the case of the second report, by not later than 2
            years after the date on which the first report is required to
            be submitted under subparagraph (A); and
                (C) in the case of the third report, by not later than 2
            years after the date on which the second report is required to
            be submitted under subparagraph (B).
            (3) Strategy.--
                (A) In general.--Based on the reports submitted by the
            working group under paragraph (1), the Secretaries shall
            jointly develop, maintain, and update a strategy that describes
            the means by which the Federal Government, States, units of
            local government, and industry can--
                    (i) establish quantitative targets for transportation
                electrification;
                    (ii) overcome the barriers described in paragraph
                (1)(A);
                    (iii) identify areas of opportunity in research and
                development to improve battery manufacturing, mineral
                mining, recycling costs, material recovery, fire risks, and
                battery performance for electric vehicles;
                    (iv) enhance Federal interagency coordination to
                promote electric vehicle adoption;
                    (v) prepare the workforce for the adoption of electric
                vehicles, including through collaboration with labor
                unions, educational institutions, and relevant
                manufacturers;
                    (vi) expand electric vehicle and charging
                infrastructure;
                    (vii) expand knowledge of the benefits of electric
                vehicles among the general public;
                    (viii) maintain the global competitiveness of the
                United States in the electric vehicle and charging
                infrastructure markets;
                    (ix) provide clarity in regulations to improve national
                uniformity with respect to electric vehicles; and
                    (x) ensure the sustainable integration of electric
                vehicles into the national electric grid.
                (B) Notice and comment.--In carrying out subparagraph (A),
            the Secretaries shall provide public notice and opportunity for
            comment on the strategy described in that subparagraph.
            (4) Information.--
                (A) In general.--The Secretaries may enter into an
            agreement with the Transportation Research Board of the
            National Academies of Sciences, Engineering, and Medicine to
            provide, track, or report data, information, or research to
            assist the working group in carrying out paragraph (1).
                (B) Use of existing information.--In developing a report
            under paragraph (1) or a strategy under paragraph (3), the
            Secretaries and the working group shall take into consideration
            existing Federal, State, local, private sector, and academic
            data and information relating to electric vehicles and, to the
            maximum extent practicable, coordinate with the entities that
            publish that information--
                    (i) to prevent duplication of efforts by the Federal
                Government; and
                    (ii) to leverage existing information and complementary
                efforts.
        (d) Coordination.--To the maximum extent practicable, the
    Secretaries and the working group shall carry out this section using
    all available existing resources, websites, and databases of Federal
    agencies, such as--
            (1) the Alternative Fuels Data Center;
            (2) the Energy Efficient Mobility Systems program; and
            (3) the Clean Cities Coalition Network.
        (e) Termination.--The working group shall terminate on submission
    of the third report required under subsection (c)(2)(C).
    SEC. 25007. RISK AND SYSTEM RESILIENCE.
        (a) In General.--The Secretary, in consultation with appropriate
    Federal, State, and local agencies, shall develop a process for
    quantifying annual risk in order to increase system resilience with
    respect to the surface transportation system of the United States by
    measuring--
            (1) resilience to threat probabilities by type of hazard and
        geographical location;
            (2) resilience to asset vulnerabilities with respect to each
        applicable threat; and
            (3) anticipated consequences from each applicable threat to
        each asset.
        (b) Use by State, Regional, Tribal, and Local Entities.--
            (1) In general.--The Secretary shall provide the process
        developed under subsection (a) to State departments of
        transportation, metropolitan planning organizations, Indian Tribes,
        local governments, and other relevant entities.
            (2) Guidance and technical assistance.--The Secretary shall
        provide to the entities described in paragraph (1) guidance and
        technical assistance on the use of the process referred to in that
        paragraph.
        (c) Research.--
            (1) In general.--The Secretary shall--
                (A) identify and support fundamental research to develop a
            framework and quantitative models to support compilation of
            information for risk-based analysis of transportation assets by
            standardizing the basis for quantifying annual risk and
            increasing system resilience; and
                (B) build on existing resilience research, including
            studies conducted by--
                    (i) the Transportation Research Board of the National
                Academies of Sciences, Engineering, and Medicine; and
                    (ii) the National Institute of Standards and
                Technology.
            (2) Use of existing facilities.--In carrying out paragraph (1),
        the Secretary shall use existing research facilities available to
        the Secretary, including the Turner-Fairbank Highway Research
        Center and University Transportation Centers established under
        section 5505 of title 49, United States Code.
    SEC. 25008. COORDINATION ON EMERGING TRANSPORTATION TECHNOLOGY.
        (a) In General.--Subchapter I of chapter 3 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 313. Nontraditional and Emerging Transportation Technology
       Council
        ``(a) Establishment.--Not later than 180 days after the date of
    enactment of this section, the Secretary of Transportation (referred to
    in this section as the `Secretary') shall establish a council, to be
    known as the `Nontraditional and Emerging Transportation Technology
    Council' (referred to in this section as the `Council'), to address
    coordination on emerging technology issues across all modes of
    transportation.
        ``(b) Membership.--
            ``(1) In general.--The Council shall be composed of--
                ``(A) the Secretary, who shall serve as an ex officio
            member of the Council;
                ``(B) the Deputy Secretary of Transportation;
                ``(C) the Under Secretary of Transportation for Policy;
                ``(D) the Assistant Secretary for Research and Technology
            of the Department of Transportation;
                ``(E) the Assistant Secretary for Budget and Programs of
            the Department of Transportation;
                ``(F) the General Counsel of the Department of
            Transportation;
                ``(G) the Chief Information Officer of the Department of
            Transportation;
                ``(H) the Administrator of the Federal Aviation
            Administration;
                ``(I) the Administrator of the Federal Highway
            Administration;
                ``(J) the Administrator of the Federal Motor Carrier Safety
            Administration;
                ``(K) the Administrator of the Federal Railroad
            Administration;
                ``(L) the Administrator of the Federal Transit
            Administration;
                ``(M) the Administrator of the Maritime Administration;
                ``(N) the Administrator of the National Highway Traffic
            Safety Administration;
                ``(O) the Administrator of the Pipeline and Hazardous
            Materials Safety Administration; and
                ``(P) any other official of the Department of
            Transportation, as determined by the Secretary.
            ``(2) Chair and vice chair.--
                ``(A) Chair.--The Deputy Secretary of Transportation (or a
            designee) shall serve as Chair of the Council.
                ``(B) Vice chair.--The Under Secretary of Transportation
            for Policy (or a designee) shall serve as Vice Chair of the
            Council.
        ``(c) Duties.--The Council shall--
            ``(1) identify and resolve jurisdictional and regulatory gaps
        or inconsistencies associated with nontraditional and emerging
        transportation technologies, modes, or projects pending or brought
        before the Department of Transportation to reduce, to the maximum
        extent practicable, impediments to the prompt and safe deployment
        of new and innovative transportation technology, including with
        respect to--
                ``(A) safety oversight;
                ``(B) environmental review; and
                ``(C) funding and financing issues;
            ``(2) coordinate the response of the Department of
        Transportation to nontraditional and emerging transportation
        technology projects;
            ``(3) engage with stakeholders in nontraditional and emerging
        transportation technology projects; and
            ``(4) develop and establish Department of Transportation-wide
        processes, solutions, and best practices for identifying and
        managing nontraditional and emerging transportation technology
        projects.
        ``(d) Best Practices.--Not later than 1 year after the date of
    enactment of this section, the Council shall--
            ``(1) publish initial guidelines to achieve the purposes
        described in subsection (c)(4); and
            ``(2) promote each modal administration within the Department
        of Transportation to further test and support the advancement of
        nontraditional and emerging transportation technologies not
        specifically considered by the Council.
        ``(e) Support.--The Office of the Secretary shall provide support
    for the Council.
        ``(f) Meetings.--The Council shall meet not less frequently than 4
    times per year, at the call of the Chair.
        ``(g) Lead Modal Administration.--For each nontraditional or
    emerging transportation technology, mode, or project associated with a
    jurisdictional or regulatory gap or inconsistency identified under
    subsection (c)(1), the Chair of the Council shall--
            ``(1) designate a lead modal administration of the Department
        of Transportation for review of the technology, mode, or project;
        and
            ``(2) arrange for the detailing of staff between modal
        administrations or offices of the Department of Transportation as
        needed to maximize the sharing of experience and expertise.
        ``(h) Transparency.--Not later than 1 year after the date of
    establishment of the Council, and not less frequently than annually
    thereafter until December 31, 2026, the Council shall post on a
    publicly accessible website a report describing the activities of the
    Council during the preceding calendar year.''.
        (b) Clerical Amendment.--The analysis for subchapter I of chapter 3
    of title 49, United States Code, is amended by adding at the end the
    following:
    ``313. Nontraditional and Emerging Transportation Technology Council.''.
    SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER.
        (a) In General.--Section 102 of title 49, United States Code (as
    amended by section 14009), is amended--
            (1) in subsection (a), by inserting ``(referred to in this
        section as the `Department')'' after ``Transportation'';
            (2) in subsection (b), in the first sentence, by inserting
        ``(referred to in this section as the `Secretary')'' after
        ``Transportation'';
            (3) by redesignating subsection (h) as subsection (i); and
            (4) by inserting after subsection (g) the following:
        ``(h) Interagency Infrastructure Permitting Improvement Center.--
            ``(1) Definitions.--In this subsection:
                ``(A) Center.--The term `Center' means the Interagency
            Infrastructure Permitting Improvement Center established by
            paragraph (2).
                ``(B) Project.--The term `project' means a project
            authorized or funded under--
                    ``(i) this title; or
                    ``(ii) title 14, 23, 46, or 51.
            ``(2) Establishment.--There is established within the Office of
        the Secretary a center, to be known as the `Interagency
        Infrastructure Permitting Improvement Center'.
            ``(3) Purposes.--The purposes of the Center shall be--
                ``(A) to implement reforms to improve interagency
            coordination and expedite projects relating to the permitting
            and environmental review of major transportation infrastructure
            projects, including--
                    ``(i) developing and deploying information technology
                tools to track project schedules and metrics; and
                    ``(ii) improving the transparency and accountability of
                the permitting process;
                ``(B)(i) to identify appropriate methods to assess
            environmental impacts; and
                    ``(ii) to develop innovative methods for reasonable
                mitigation;
                ``(C) to reduce uncertainty and delays with respect to
            environmental reviews and permitting; and
                ``(D) to reduce costs and risks to taxpayers in project
            delivery.
            ``(4) Executive director.--The Center shall be headed by an
        Executive Director, who shall--
                ``(A) report to the Under Secretary of Transportation for
            Policy;
                ``(B) be responsible for the management and oversight of
            the daily activities, decisions, operations, and personnel of
            the Center; and
                ``(C) carry out such additional duties as the Secretary may
            prescribe.
            ``(5) Duties.--The Center shall carry out the following duties:
                ``(A) Coordinate and support implementation of priority
            reform actions for Federal agency permitting and reviews.
                ``(B) Support modernization efforts at the operating
            administrations within the Department and interagency pilot
            programs relating to innovative approaches to the permitting
            and review of transportation infrastructure projects.
                ``(C) Provide technical assistance and training to
            Department staff on policy changes, innovative approaches to
            project delivery, and other topics, as appropriate.
                ``(D) Identify, develop, and track metrics for timeliness
            of permit reviews, permit decisions, and project outcomes.
                ``(E) Administer and expand the use of online transparency
            tools providing for--
                    ``(i) tracking and reporting of metrics;
                    ``(ii) development and posting of schedules for permit
                reviews and permit decisions;
                    ``(iii) the sharing of best practices relating to
                efficient project permitting and reviews; and
                    ``(iv) the visual display of relevant geospatial data
                to support the permitting process.
                ``(F) Submit to the Secretary reports describing progress
            made toward achieving--
                    ``(i) greater efficiency in permitting decisions and
                review of infrastructure projects; and
                    ``(ii) better outcomes for communities and the
                environment.
            ``(6) Innovative best practices.--
                ``(A) In general.--The Center shall work with the operating
            administrations within the Department, eligible entities, and
            other public and private interests to develop and promote best
            practices for innovative project delivery.
                ``(B) Activities.--The Center shall support the Department
            and operating administrations in conducting environmental
            reviews and permitting, together with project sponsor technical
            assistance activities, by--
                    ``(i) carrying out activities that are appropriate and
                consistent with the goals and policies of the Department to
                improve the delivery timelines for projects;
                    ``(ii) serving as the Department liaison to--

                        ``(I) the Council on Environmental Quality; and
                        ``(II) the Federal Permitting Improvement Steering
                    Council established by section 41002(a) of the Fixing
                    America's Surface Transportation Act (42 U.S.C. 4370m-
                    1(a));

                    ``(iii) supporting the National Surface Transportation
                and Innovative Finance Bureau (referred to in this
                paragraph as the `Bureau') in implementing activities to
                improve delivery timelines, as described in section 116(f),
                for projects carried out under the programs described in
                section 116(d)(1) for which the Bureau administers the
                application process;
                    ``(iv) leading activities to improve delivery timelines
                for projects carried out under programs not administered by
                the Bureau by--

                        ``(I) coordinating efforts to improve the
                    efficiency and effectiveness of the environmental
                    review and permitting process;
                        ``(II) providing technical assistance and training
                    to field and headquarters staff of Federal agencies
                    with respect to policy changes and innovative
                    approaches to the delivery of projects; and
                        ``(III) identifying, developing, and tracking
                    metrics for permit reviews and decisions by Federal
                    agencies for projects under the National Environmental
                    Policy Act of 1969 (42 U.S.C. 4321 et seq.).

                ``(C) NEPA compliance assistance.--
                    ``(i) In general.--Subject to clause (ii), at the
                request of an entity that is carrying out a project, the
                Center, in coordination with the appropriate operating
                administrations within the Department, shall provide
                technical assistance relating to compliance with the
                applicable requirements of the National Environmental
                Policy Act of 1969 (42 U.S.C. 4321 et seq.) and applicable
                Federal authorizations.
                    ``(ii) Assistance from the bureau.--For projects
                carried out under the programs described in section
                116(d)(1) for which the Bureau administers the application
                process, the Bureau, on request of the entity carrying out
                the project, shall provide the technical assistance
                described in clause (i).''.
        (b) Conforming Amendment.--Section 116(f)(2) of title 49, United
    States Code, is amended--
            (1) by striking subparagraph (A); and
            (2) by redesignating subparagraphs (B) through (D) and
        subparagraphs (A) through (C), respectively.
    SEC. 25010. RURAL OPPORTUNITIES TO USE TRANSPORTATION FOR ECONOMIC
    SUCCESS INITIATIVE.
        (a) Definitions.--In this section:
            (1) Build america bureau.--The term ``Build America Bureau''
        means the National Surface Transportation and Innovative Finance
        Bureau established under section 116 of title 49, United States
        Code.
            (2) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (3) ROUTES council.--The term ``ROUTES Council'' means the
        Rural Opportunities to Use Transportation for Economic Success
        Council established by subsection (c)(1).
            (4) ROUTES office.--The term ``ROUTES Office'' means the Rural
        Opportunities to Use Transportation for Economic Success Office
        established by subsection (b)(1).
        (b) Routes Office.--
            (1) In general.--The Secretary shall establish within the
        Department the Rural Opportunities to Use Transportation for
        Economic Success Office--
                (A) to improve analysis of projects from rural areas,
            Indian Tribes, and historically disadvantaged communities in
            rural areas applying for Department discretionary grants,
            including ensuring that project costs, local resources, and the
            larger benefits to the people and the economy of the United
            States are appropriately considered; and
                (B) to provide rural communities, Indian Tribes, and
            historically disadvantaged communities in rural areas with
            technical assistance for meeting the transportation
            infrastructure investment needs of the United States in a
            financially sustainable manner.
            (2) Objectives.--The ROUTES Office shall--
                (A) collect input from knowledgeable entities and the
            public on--
                    (i) the benefits of rural and Tribal transportation
                projects;
                    (ii) the technical and financial assistance required
                for constructing and operating transportation
                infrastructure and services within rural areas and on the
                land of Indian Tribes;
                    (iii) barriers and opportunities to funding
                transportation projects in rural areas and on the land of
                Indian Tribes; and
                    (iv) unique transportation barriers and challenges
                faced by Indian Tribes and historically disadvantaged
                communities in rural areas;
                (B) evaluate data on transportation challenges faced by
            rural communities and Indian Tribes and determine methods to
            align the discretionary funding and financing opportunities of
            the Department with the needs of those communities for meeting
            national transportation goals;
                (C) provide education and technical assistance to rural
            communities and Indian Tribes about applicable Department
            discretionary grants, develop effective methods to evaluate
            projects in those communities in discretionary grant programs,
            and communicate those methods through program guidance;
                (D) carry out research and utilize innovative approaches to
            resolve the transportation challenges faced by rural areas and
            Indian Tribes; and
                (E) perform such other duties as determined by the
            Secretary.
        (c) Routes Council.--
            (1) In general.--The Secretary shall establish a Rural
        Opportunities to Use Transportation for Economic Success Council--
                (A) to organize, guide, and lead the ROUTES Office; and
                (B) to coordinate rural-related and Tribal-related funding
            programs and assistance among the modal administrations of the
            Department, the offices of the Department, and other Federal
            agencies, as appropriate--
                    (i) to ensure that the unique transportation needs and
                attributes of rural areas and Indian Tribes are fully
                addressed during the development and implementation of
                programs, policies, and activities of the Department;
                    (ii) to increase coordination of programs, policies,
                and activities of the Department in a manner that improves
                and expands transportation infrastructure in order to
                further economic development in, and the quality of life
                of, rural areas and Indian Tribes; and
                    (iii) to provide rural areas and Indian Tribes with
                proactive outreach--

                        (I) to improve access to discretionary funding and
                    financing programs; and
                        (II) to facilitate timely resolution of
                    environmental reviews for complex or high-priority
                    projects.

            (2) Membership.--
                (A) In general.--The ROUTES Council shall be composed of
            the following officers of the Department, or their designees:
                    (i) The Deputy Secretary of Transportation.
                    (ii) The Under Secretary of Transportation for Policy.
                    (iii) The General Counsel.
                    (iv) The Chief Financial Officer and Assistant
                Secretary for Budget and Programs.
                    (v) The Assistant Secretary for Research and
                Technology.
                    (vi) The Assistant Secretary for Multimodal Freight.
                    (vii) The Administrators of--

                        (I) the Federal Aviation Administration;
                        (II) the Federal Highway Administration;
                        (III) the Federal Railroad Administration; and
                        (IV) the Federal Transit Administration.

                    (viii) The Executive Director of the Build America
                Bureau.
                    (ix) The Assistant Secretary for Governmental Affairs.
                    (x) The Assistant Secretary for Transportation Policy.
                    (xi) The Deputy Assistant Secretary for Tribal
                Government Affairs.
                (B) Chair.--The Deputy Secretary of Transportation shall be
            the Chair of the ROUTES Council.
                (C) Additional members.--The Secretary or the Chair of the
            ROUTES Council may designate additional members to serve on the
            ROUTES Council.
            (3) Additional modal input.--To address issues related to
        safety and transport of commodities produced in or by, or
        transported through, as applicable, rural areas, Indian Tribes, or
        the land of Indian Tribes, the ROUTES Council shall consult with
        the Administrators (or their designees) of--
                (A) the Maritime Administration;
                (B) the Great Lakes St. Lawrence Seaway Development
            Corporation; and
                (C) the National Highway Traffic Safety Administration.
            (4) Duties.--Members of the ROUTES Council shall--
                (A) participate in all meetings and relevant ROUTES Council
            activities and be prepared to share information relevant to
            rural and Tribal transportation infrastructure projects and
            issues;
                (B) provide guidance and leadership on rural and Tribal
            transportation infrastructure issues and represent the work of
            the ROUTES Council and the Department on those issues to
            external stakeholders; and
                (C) recommend initiatives for the consideration of the
            Chair of the ROUTES Council to establish and staff any
            resulting activities or working groups.
            (5) Meetings.--The ROUTES Council shall meet bimonthly.
            (6) Additional staffing.--The Secretary shall ensure that the
        ROUTES Council and ROUTES Office have adequate staff support to
        carry out the duties of the ROUTES Council and the ROUTES Office,
        respectively, under this section.
            (7) Work products and deliverables.--The ROUTES Council may
        develop work products or deliverables to meet the goals of the
        ROUTES Council, including--
                (A) an annual report to Congress describing ROUTES Council
            activities for the past year and expected activities for the
            coming year;
                (B) any recommendations to enhance the effectiveness of
            Department discretionary grant programs regarding rural and
            Tribal infrastructure issues; and
                (C) other guides and reports for relevant groups and the
            public.
    SEC. 25011. SAFETY DATA INITIATIVE.
        (a) Definition of Eligible Entity.--In this section, the term
    ``eligible entity'' means--
            (1) a State;
            (2) a unit of local government;
            (3) a transit agency or authority;
            (4) a metropolitan planning organization;
            (5) any other subdivision of a State or local government;
            (6) an institution of higher education; and
            (7) a multi-State or multijurisdictional group.
        (b) Safety Data Initiative.--
            (1) Establishment.--The Secretary shall establish an
        initiative, to be known as the ``Safety Data Initiative'', to
        promote the use of data integration, data visualization, and
        advanced analytics for surface transportation safety through the
        development of innovative practices and products for use by
        Federal, State, and local entities.
            (2) Activities.--
                (A) Applied research.--
                    (i) In general.--The Secretary shall support and carry
                out applied research to develop practices and products that
                will encourage the integration and use of traditional and
                new sources of safety data and safety information to
                improve policy and decisionmaking at the Federal, State,
                and local government levels.
                    (ii) Methodology.--In carrying out clause (i), the
                Secretary may--

                        (I) carry out demonstration programs;
                        (II) award grants and provide incentives to
                    eligible entities;
                        (III) enter into partnerships with--

                            (aa) eligible entities;
                            (bb) private sector entities; and
                            (cc) National Laboratories; and

                        (IV) use any other tools, strategies, or methods
                    that will result in the effective use of data and
                    information for safety purposes.

                (B) Tools and practices.--In carrying out subparagraph (A),
            the Secretary, to the maximum extent practicable, shall--
                    (i) develop safety analysis tools for State and local
                governments, with a particular focus on State and local
                governments with limited capacity to perform safety
                analysis;
                    (ii)(I) identify innovative State and local government
                practices;
                    (II) incubate those practices for further development;
                and
                    (III) replicate those practices nationwide; and
                    (iii) transfer to State and local governments the
                results of the applied research carried out under that
                subparagraph.
                (C) Data sharing.--
                    (i) In general.--To inform the creation of information
                useful for safety policy and decisionmaking, the Secretary
                shall--

                        (I) encourage the sharing of data between and among
                    Federal, State, and local transportation agencies; and
                        (II) leverage data from private sector entities.

                    (ii) Goals.--The goals of the data-sharing activities
                under clause (i) shall include--

                        (I) the creation of data ecosystems to reduce
                    barriers to the efficient integration and analysis of
                    relevant datasets for use by safety professionals; and
                        (II) the establishment of procedures adequate to
                    ensure sufficient security, privacy, and
                    confidentiality as needed to promote the sharing of
                    sensitive or proprietary data.

                    (iii) Management of data ecosystems.--A data ecosystem
                described in clause (ii)(I) may be managed by--

                        (I) the Director of the Bureau of Transportation
                    Statistics;
                        (II) 1 or more trusted third parties, as determined
                    by the Secretary; or
                        (III) 1 or more other entities or partnerships
                    capable of securing, managing, and analyzing sensitive
                    or proprietary data.

            (3) Plan.--
                (A) In general.--The Safety Data Initiative shall be
            carried out pursuant to a plan to be jointly established by--
                    (i) the Under Secretary of Transportation for Policy;
                    (ii) the Chief Information Officer of the Department;
                    (iii) the Administrator of the National Highway Traffic
                Safety Administration;
                    (iv) the Administrator of the Federal Highway
                Administration;
                    (v) the Administrator of the Federal Motor Carrier
                Safety Administration;
                    (vi) the Administrator of the Federal Transit
                Administration; and
                    (vii) the Administrator of the Federal Railroad
                Administration.
                (B) Requirement.--The plan established under subparagraph
            (A) shall include details regarding the means by which tools
            and innovations developed by projects carried out under the
            Safety Data Initiative will be transferred to the appropriate
            program of the Department for further implementation.
                (C) Deadline.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall direct the officials
            described in clauses (i) through (vii) of subparagraph (A) to
            establish, by a date determined by the Secretary, the plan
            referred to in that subparagraph.
            (4) Termination.--The Safety Data Initiative shall terminate on
        the later of--
                (A) the date that is 1 year after the date of enactment of
            this Act; and
                (B) the date on which the Secretary makes the direction to
            officials described in paragraph (3)(C).
    SEC. 25012. ADVANCED TRANSPORTATION RESEARCH.
        (a) In General.--Chapter 1 of title 49, United States Code (as
    amended by section 21101(a)), is amended by adding at the end the
    following:
    ``Sec. 119. Advanced Research Projects Agency-Infrastructure
        ``(a) Definitions.--In this section:
            ``(1) ARPA-I.-- The term `ARPA-I' means the Advanced Research
        Projects Agency-Infrastructure established by subsection (b).
            ``(2) Department.--The term `Department' means the Department
        of Transportation.
            ``(3) Director.--The term `Director' means the Director of
        ARPA-I appointed under subsection (d).
            ``(4) Eligible entity.--The term `eligible entity' means--
                ``(A) a unit of State or local government;
                ``(B) an institution of higher education;
                ``(C) a commercial entity;
                ``(D) a research foundation;
                ``(E) a trade or industry research collaborative;
                ``(F) a federally funded research and development center;
                ``(G) a research facility owned or funded by the
            Department;
                ``(H) a collaborative that includes relevant international
            entities; and
                ``(I) a consortia of 2 or more entities described in any of
            subparagraphs (A) through (H).
            ``(5) Infrastructure.--
                ``(A) In general.--The term `infrastructure' means any
            transportation method or facility that facilitates the transit
            of goods or people within the United States (including
            territories).
                ``(B) Inclusions.--The term `infrastructure' includes--
                    ``(i) roads;
                    ``(ii) highways;
                    ``(iii) bridges;
                    ``(iv) airports;
                    ``(v) rail lines;
                    ``(vi) harbors; and
                    ``(vii) pipelines.
            ``(6) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
        ``(b) Establishment.--There is established within the Department an
    agency, to be known as the `Advanced Research Projects Agency-
    Infrastructure', to support the development of science and technology
    solutions--
            ``(1) to overcome long-term challenges; and
            ``(2) to advance the state of the art for United States
        transportation infrastructure.
        ``(c) Goals.--
            ``(1) In general.--The goals of ARPA-I shall be--
                ``(A) to advance the transportation infrastructure of the
            United States by developing innovative science and technology
            solutions that--
                    ``(i) lower the long-term costs of infrastructure
                development, including costs of planning, construction, and
                maintenance;
                    ``(ii) reduce the lifecycle impacts of transportation
                infrastructure on the environment, including through the
                reduction of greenhouse gas emissions;
                    ``(iii) contribute significantly to improving the safe,
                secure, and efficient movement of goods and people; and
                    ``(iv) promote the resilience of infrastructure from
                physical and cyber threats; and
                ``(B) to ensure that the United States is a global leader
            in developing and deploying advanced transportation
            infrastructure technologies and materials.
            ``(2) Research projects.--ARPA-I shall achieve the goals
        described in paragraph (1) by providing assistance under this
        section for infrastructure research projects that--
                ``(A) advance novel, early-stage research with practicable
            application to transportation infrastructure;
                ``(B) translate techniques, processes, and technologies,
            from the conceptual phase to prototype, testing, or
            demonstration;
                ``(C) develop advanced manufacturing processes and
            technologies for the domestic manufacturing of novel
            transportation-related technologies; and
                ``(D) accelerate transformational technological advances in
            areas in which industry entities are unlikely to carry out
            projects due to technical and financial uncertainty.
        ``(d) Director.--
            ``(1) Appointment.--ARPA-I shall be headed by a Director, who
        shall be appointed by the President, by and with the advice and
        consent of the Senate.
            ``(2) Qualifications.--The Director shall be an individual who,
        by reason of professional background and experience, is especially
        qualified to advise the Secretary regarding, and manage research
        programs addressing, matters relating to the development of science
        and technology solutions to advance United States transportation
        infrastructure.
            ``(3) Relationship to secretary.--The Director shall--
                ``(A) be located within the Office of the Assistant
            Secretary for Research and Technology; and
                ``(B) report to the Secretary.
            ``(4) Relationship to other programs.--No other program within
        the Department shall report to the Director.
            ``(5) Responsibilities.--The responsibilities of the Director
        shall include--
                ``(A) approving new programs within ARPA-I;
                ``(B) developing funding criteria, and assessing the
            success of programs, to achieve the goals described in
            subsection (c)(1) through the establishment of technical
            milestones;
                ``(C) administering available funding by providing to
            eligible entities assistance to achieve the goals described in
            subsection (c)(1);
                ``(D) terminating programs carried out under this section
            that are not achieving the goals of the programs; and
                ``(E) establishing a process through which eligible
            entities can submit to ARPA-I unsolicited research proposals
            for assistance under this section in accordance with subsection
            (f).
        ``(e) Personnel.--
            ``(1) In general.--The Director shall establish and maintain
        within ARPA-I a staff with sufficient qualifications and expertise
        to enable ARPA-I to carry out the responsibilities under this
        section, in conjunction with other operations of the Department.
            ``(2) Program directors.--
                ``(A) In general.--The Director shall designate employees
            to serve as program directors for ARPA-I.
                ``(B) Responsibilities.--Each program director shall be
            responsible for--
                    ``(i) establishing research and development goals for
                the applicable program, including by convening workshops
                and conferring with outside experts;
                    ``(ii) publicizing the goals of the applicable program;
                    ``(iii) soliciting applications for specific areas of
                particular promise, especially in areas that the private
                sector or the Federal Government are not likely to carry
                out absent assistance from ARPA-I;
                    ``(iv) establishing research collaborations for
                carrying out the applicable program;
                    ``(v) selecting on the basis of merit each project to
                be supported under the applicable program, taking into
                consideration--

                        ``(I) the novelty and scientific and technical
                    merit of proposed projects;
                        ``(II) the demonstrated capabilities of eligible
                    entities to successfully carry out proposed projects;
                        ``(III) the extent to which an eligible entity took
                    into consideration future commercial applications of a
                    proposed project, including the feasibility of
                    partnering with 1 or more commercial entities; and
                        ``(IV) such other criteria as the Director may
                    establish;

                    ``(vi) identifying innovative cost-sharing arrangements
                for projects carried out or funded by ARPA-I;
                    ``(vii) monitoring the progress of projects supported
                under the applicable program;
                    ``(viii) identifying mechanisms for commercial
                application of successful technology development projects,
                including through establishment of partnerships between
                eligible entities and commercial entities; and
                    ``(ix) as applicable, recommending--

                        ``(I) program restructuring; or
                        ``(II) termination of applicable research
                    partnerships or projects.

                ``(C) Term of service.--A program director--
                    ``(i) shall serve for a term of 3 years; and
                    ``(ii) may be reappointed for any subsequent term of
                service.
            ``(3) Hiring and management.--
                ``(A) In general.--The Director may--
                    ``(i) make appointments of scientific, engineering, and
                professional personnel, without regard to the civil service
                laws;
                    ``(ii) fix the basic pay of such personnel at such rate
                as the Director may determine, but not to exceed level II
                of the Executive Schedule, without regard to the civil
                service laws; and
                    ``(iii) pay an employee appointed under this
                subparagraph payments in addition to basic pay, subject to
                the condition that the total amount of those additional
                payments for any 12-month period shall not exceed the least
                of--

                        ``(I) $25,000;
                        ``(II) an amount equal to 25 percent of the annual
                    rate of basic pay of the employee; and
                        ``(III) the amount of the applicable limitation for
                    a calendar year under section 5307(a)(1) of title 5.

                ``(B) Private recruiting firms.--The Director may enter
            into a contract with a private recruiting firm for the hiring
            of qualified technical staff to carry out this section.
                ``(C) Additional staff.--The Director may use all
            authorities available to the Secretary to hire administrative,
            financial, and clerical staff, as the Director determines to be
            necessary to carry out this section.
        ``(f) Research Proposals.--
            ``(1) In general.--An eligible entity may submit to the
        Director an unsolicited research proposal at such time, in such
        manner, and containing such information as the Director may
        require, including a description of--
                ``(A) the extent of current and prior efforts with respect
            to the project proposed to be carried out using the assistance,
            if applicable; and
                ``(B) any current or prior investments in the technology
            area for which funding is requested, including as described in
            subsection (c)(2)(D).
            ``(2) Review.--The Director--
                ``(A) shall review each unsolicited research proposal
            submitted under paragraph (1), taking into consideration--
                    ``(i) the novelty and scientific and technical merit of
                the research proposal;
                    ``(ii) the demonstrated capabilities of the applicant
                to successfully carry out the research proposal;
                    ``(iii) the extent to which the applicant took into
                consideration future commercial applications of the
                proposed research project, including the feasibility of
                partnering with 1 or more commercial entities; and
                    ``(iv) such other criteria as the Director may
                establish;
                ``(B) may approve a research proposal if the Director
            determines that the research--
                    ``(i) is in accordance with--

                        ``(I) the goals described in subsection (c)(1); or
                        ``(II) an applicable transportation research and
                    development strategic plan developed under section
                    6503; and

                    ``(ii) would not duplicate any other Federal research
                being conducted or funded by another Federal agency; and
                ``(C)(i) if funding is denied for the research proposal,
            shall provide to the eligible entity that submitted the
            proposal a written notice of the denial that, as applicable--
                    ``(I) explains why the research proposal was not
                selected, including whether the research proposal fails to
                cover an area of need; and
                    ``(II) recommends that the research proposal be
                submitted to another research program; or
                ``(ii) if the research proposal is approved for funding,
            shall provide to the eligible entity that submitted the
            proposal--
                    ``(I) a written notice of the approval; and
                    ``(II) assistance in accordance with subsection (g) for
                the proposed research.
        ``(g) Forms of Assistance.--On approval of a research proposal of
    an eligible entity, the Director may provide to the eligible entity
    assistance in the form of--
            ``(1) a grant;
            ``(2) a contract;
            ``(3) a cooperative agreement;
            ``(4) a cash prize; or
            ``(5) another, similar form of funding.
        ``(h) Reports and Roadmaps.--
            ``(1) Annual reports.--For each fiscal year, the Director shall
        provide to the Secretary, for inclusion in the budget request
        submitted by the Secretary to the President under section 1108 of
        title 31 for the fiscal year, a report that, with respect to the
        preceding fiscal year, describes--
                ``(A) the projects that received assistance from ARPA-I,
            including--
                    ``(i) each such project that was funded as a result of
                an unsolicited research proposal; and
                    ``(ii) each such project that examines topics or
                technologies closely related to other activities funded by
                the Department, including an analysis of whether the
                Director achieved compliance with subsection (i)(1) in
                supporting the project; and
                ``(B) the instances of, and reasons for, the provision of
            assistance under this section for any projects being carried
            out by industry entities.
            ``(2) Strategic vision roadmap.--Not later than October 1,
        2022, and not less frequently than once every 4 years thereafter,
        the Director shall submit to the relevant authorizing and
        appropriations committees of Congress a roadmap describing the
        strategic vision that ARPA-I will use to guide the selection of
        future projects for technology investment during the 4 fiscal-year
        period beginning on the date of submission of the report.
        ``(i) Coordination and Nonduplication.--The Director shall ensure
    that--
            ``(1) the activities of ARPA-I are coordinated with, and do not
        duplicate the efforts of, programs and laboratories within--
                ``(A) the Department; and
                ``(B) other relevant research agencies; and
            ``(2) no funding is provided by ARPA-I for a project, unless
        the eligible entity proposing the project--
                ``(A) demonstrates sufficient attempts to secure private
            financing; or
                ``(B) indicates that the project is not independently
            commercially viable.
        ``(j) Federal Demonstration of Technologies.--The Director shall
    seek opportunities to partner with purchasing and procurement programs
    of Federal agencies to demonstrate technologies resulting from
    activities funded through ARPA-I.
        ``(k) Partnerships.--The Director shall seek opportunities to enter
    into contracts or partnerships with minority-serving institutions (as
    described in any of paragraphs (1) through (7) of section 371(a) of the
    Higher Education Act of 1965 (20 U.S.C. 1067q(a)))--
            ``(1) to accomplish the goals of ARPA-I;
            ``(2) to develop institutional capacity in advanced
        transportation infrastructure technologies and materials;
            ``(3) to engage underserved populations in developing,
        demonstrating, and deploying those technologies and materials; and
            ``(4) to otherwise address the needs of ARPA-I.
        ``(l) University Transportation Centers.--The Director may--
            ``(1) partner with university transportation centers under
        section 5505 to accomplish the goals, and address the needs, of
        ARPA-I; and
            ``(2) sponsor and select for funding, in accordance with
        section 5505, competitively selected university transportation
        center grants, in addition to the assistance provided under section
        5505, to address targeted technology and material goals of ARPA-I.
        ``(m) Advice.--
            ``(1) Advisory committees.--The Director may seek advice
        regarding any aspect of ARPA-I from--
                ``(A) an existing advisory committee, office, or other
            group within the Department; and
                ``(B) a new advisory committee organized to support the
            programs of ARPA-I by providing advice and assistance
            regarding--
                    ``(i) specific program tasks; or
                    ``(ii) the overall direction of ARPA-I.
            ``(2) Additional sources.--In carrying out this section, the
        Director may seek advice and review from--
                ``(A) the President's Council of Advisors on Science and
            Technology;
                ``(B) the Advanced Research Projects Agency-Energy; and
                ``(C) any professional or scientific organization with
            expertise relating to specific processes or technologies under
            development by ARPA-I.
        ``(n) Evaluation.--
            ``(1) In general.--Not later than December 27, 2024, the
        Secretary may enter into an arrangement with the National Academy
        of Sciences under which the National Academy shall conduct an
        evaluation of the achievement by ARPA-I of the goals described in
        subsection (c)(1).
            ``(2) Inclusions.--The evaluation under paragraph (1) may
        include--
                ``(A) a recommendation regarding whether ARPA-I should be
            continued;
                ``(B) a recommendation regarding whether ARPA-I, or the
            Department generally, should continue to allow entities to
            submit unsolicited research proposals; and
                ``(C) a description of--
                    ``(i) the lessons learned from the operation of ARPA-I;
                and
                    ``(ii) the manner in which those lessons may apply to
                the operation of other programs of the Department.
            ``(3) Availability.--On completion of the evaluation under
        paragraph (1), the evaluation shall be made available to--
                ``(A) Congress; and
                ``(B) the public.
        ``(o) Protection of Information.--
            ``(1) In general.--Each type of information described in
        paragraph (2) that is collected by ARPA-I from eligible entities
        shall be considered to be--
                ``(A) commercial and financial information obtained from a
            person;
                ``(B) privileged or confidential; and
                ``(C) not subject to disclosure under section 552(b)(4) of
            title 5.
            ``(2) Description of types of information.--The types of
        information referred to in paragraph (1) are--
                ``(A) information relating to plans for commercialization
            of technologies developed using assistance provided under this
            section, including business plans, technology-to-market plans,
            market studies, and cost and performance models;
                ``(B) information relating to investments provided to an
            eligible entity from a third party (such as a venture capital
            firm, a hedge fund, and a private equity firm), including any
            percentage of ownership of an eligible entity provided in
            return for such an investment;
                ``(C) information relating to additional financial support
            that the eligible entity--
                    ``(i) plans to invest, or has invested, in the
                technology developed using assistance provided under this
                section; or
                    ``(ii) is seeking from a third party; and
                ``(D) information relating to revenue from the licensing or
            sale of a new product or service resulting from research
            conducted using assistance provided under this section.
        ``(p) Effect on Existing Authorities.--The authority provided by
    this section--
            ``(1) shall be in addition to any existing authority provided
        to the Secretary; and
            ``(2) shall not supersede or modify any other existing
        authority.
        ``(q) Funding.--
            ``(1) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary such sums as are necessary to
        carry out this section.
            ``(2) Separate budget and appropriation.--
                ``(A) Budget request.--The budget request for ARPA-I shall
            be separate from the budget request of the remainder of the
            Department.
                ``(B) Appropriations.--The funding appropriated for ARPA-I
            shall be separate and distinct from the funding appropriated
            for the remainder of the Department.
            ``(3) Allocation.--Of the amounts made available for a fiscal
        year under paragraph (1)--
                ``(A) not less than 5 percent shall be used for technology
            transfer and outreach activities--
                    ``(i) in accordance with the goal described in
                subsection (c)(2)(D); and
                    ``(ii) within the responsibilities of the program
                directors described in subsection (e)(2)(B)(viii); and
                ``(B) none may be used for the construction of any new
            building or facility during the 5-year period beginning on the
            date of enactment of the Surface Transportation Investment Act
            of 2021.''.
        (b) Clerical Amendment.--The analysis for chapter 1 of title 49,
    United States Code (as amended by section 21101(c)), is amended by
    adding at the end the following:
    ``119. Advanced Research Projects Agency-Infrastructure.''.
    SEC. 25013. OPEN RESEARCH INITIATIVE.
        (a) In General.--Subchapter I of chapter 55 of title 49, United
    States Code, is amended by adding at the end the following:
    ``Sec. 5506. Advanced transportation research initiative
        ``(a) Definition of Eligible Entity.--In this section, the term
    `eligible entity' means--
            ``(1) a State agency;
            ``(2) a local government agency;
            ``(3) an institution of higher education (as defined in section
        102 of the Higher Education Act of 1965 (20 U.S.C. 1002)),
        including a university transportation center established under
        section 5505;
            ``(4) a nonprofit organization, including a nonprofit research
        organization; and
            ``(5) a private sector organization working in collaboration
        with an entity described in any of paragraphs (1) through (4).
        ``(b) Pilot Program.--The Secretary of Transportation (referred to
    in this section as the `Secretary') shall establish an advanced
    transportation research pilot program under which the Secretary--
            ``(1) shall establish a process for eligible entities to submit
        to the Secretary unsolicited research proposals; and
            ``(2) may enter into arrangements with 1 or more eligible
        entities to fund research proposed under paragraph (1), in
        accordance with this section.
        ``(c) Eligible Research.--The Secretary may enter into an
    arrangement with an eligible entity under this section to fund research
    that--
            ``(1) addresses--
                ``(A) a research need identified by--
                    ``(i) the Secretary; or
                    ``(ii) the Administrator of a modal administration of
                the Department of Transportation; or
                ``(B) an issue that the Secretary determines to be
            important; and
            ``(2) is not duplicative of--
                ``(A) any other Federal research project; or
                ``(B) any project for which funding is provided by another
            Federal agency.
        ``(d) Project Review.--The Secretary shall--
            ``(1) review each research proposal submitted under the pilot
        program established under subsection (b); and
            ``(2)(A) if funding is denied for the research proposal--
                ``(i) provide to the eligible entity that submitted the
            proposal a written notice of the denial that, as applicable--
                    ``(I) explains why the research proposal was not
                selected, including whether the research proposal fails to
                cover an area of need; and
                    ``(II) recommends that the research proposal be
                submitted to another research program; and
                ``(ii) if the Secretary recommends that the research
            proposal be submitted to another research program under clause
            (i)(II), provide guidance and direction to--
                    ``(I) the eligible entity; and
                    ``(II) the proposed research program office; or
                ``(B) if the research proposal is selected for funding--
                    ``(i) provide to the eligible entity that submitted the
                proposal a written notice of the selection; and
                    ``(ii) seek to enter into an arrangement with the
                eligible entity to provide funding for the proposed
                research.
        ``(e) Coordination.--
            ``(1) In general.--The Secretary shall ensure that the
        activities carried out under subsection (c) are coordinated with,
        and do not duplicate the efforts of, programs of the Department of
        Transportation and other Federal agencies.
            ``(2) Intraagency coordination.--The Secretary shall coordinate
        the research carried out under this section with--
                ``(A) the research, education, and technology transfer
            activities carried out by grant recipients under section 5505;
            and
                ``(B) the research, development, demonstration, and
            commercial application activities of other relevant programs of
            the Department of Transportation, including all modal
            administrations of the Department.
            ``(3) Interagency collaboration.--The Secretary shall
        coordinate, as appropriate, regarding fundamental research with the
        potential for application in the transportation sector with--
                ``(A) the Director of the Office of Science and Technology
            Policy;
                ``(B) the Director of the National Science Foundation;
                ``(C) the Secretary of Energy;
                ``(D) the Director of the National Institute of Standards
            and Technology;
                ``(E) the Secretary of Homeland Security;
                ``(F) the Administrator of the National Oceanic and
            Atmospheric Administration;
                ``(G) the Secretary of Defense; and
                ``(H) the heads of other appropriate Federal agencies, as
            determined by the Secretary.
        ``(f) Review, Evaluation, and Report.--Not less frequently than
    biennially, in accordance with the plan developed under section 6503,
    the Secretary shall--
            ``(1) review and evaluate the pilot program established under
        subsection (b), including the research carried out under that pilot
        program; and
            ``(2) make public on a website of the Department of
        Transportation a report describing the review and evaluation under
        paragraph (1).
        ``(g) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an activity
        carried out under this section shall not exceed 80 percent.
            ``(2) Non-federal share.--All costs directly incurred by the
        non-Federal partners (including personnel, travel, facility, and
        hardware development costs) shall be credited toward the non-
        Federal share of the cost of an activity carried out under this
        section.
        ``(h) Limitation on Certain Expenses.--Of any amounts made
    available to carry out this section for a fiscal year, the Secretary
    may use not more than 1.5 percent for coordination, evaluation, and
    oversight activities under this section.
        ``(i) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    each of fiscal years 2022 through 2026.''.
        (b) Clerical Amendment.--The analysis for subchapter I of chapter
    55 of title 49, United States Code, is amended by adding at the end the
    following:
    ``5506. Advanced transportation research initiative.''.
    SEC. 25014. TRANSPORTATION RESEARCH AND DEVELOPMENT 5-YEAR STRATEGIC
    PLAN.
        Section 6503 of title 49, United States Code, is amended--
            (1) in subsection (a), by striking ``The Secretary'' and
        inserting ``Not later than 180 days after the date of publication
        of the Department of Transportation Strategic Plan and not less
        frequently than once every 5 years thereafter, the Secretary'';
            (2) in subsection (b), in the matter preceding paragraph (1),
        by striking ``The strategic'' and inserting ``Each strategic'';
            (3) in subsection (c)--
                (A) in the matter preceding paragraph (1), by striking
            ``The strategic'' and inserting ``Each strategic''; and
                (B) in paragraph (1)--
                    (i) in subparagraph (E), by striking ``and'' at the
                end;
                    (ii) in subparagraph (F), by adding ``and'' after the
                semicolon at the end; and
                    (iii) by adding at the end the following:
                ``(G) reducing transportation cybersecurity risks;'';
            (4) in subsection (d)--
                (A) in the matter preceding paragraph (1), by striking
            ``the strategic'' and inserting ``each strategic''; and
                (B) in paragraph (4), by striking ``2016'' and inserting
            ``2021, and not less frequently than once every 5 years
            thereafter''; and
            (5) by striking subsection (e).
    SEC. 25015. RESEARCH PLANNING MODIFICATIONS.
        (a) Annual Modal Research Plans.--Section 6501 of title 49, United
    States Code, is amended--
            (1) in subsection (a)--
                (A) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Not later than June 1 of each year, the head
        of each modal administration and joint program office of the
        Department of Transportation shall prepare and submit to the
        Assistant Secretary for Research and Technology of the Department
        of Transportation (referred to in this chapter as the `Assistant
        Secretary')--
                ``(A) a comprehensive annual modal research plan for the
            following fiscal year; and
                ``(B) a detailed outlook for the fiscal year thereafter.'';
                (B) in paragraph (2), by inserting ``prepared or'' before
            ``submitted'';
                (C) by redesignating paragraph (2) as paragraph (3); and
                (D) by inserting after paragraph (1) the following:
            ``(2) Requirements.--Each plan under paragraph (1) shall
        include--
                ``(A) a general description of the strategic goals of the
            Department that are addressed by the research programs being
            carried out by the Assistant Secretary or modal administration,
            as applicable;
                ``(B) a description of each proposed research program, as
            described in the budget request submitted by the Secretary of
            Transportation to the President under section 1108 of title 31
            for the following fiscal year, including--
                    ``(i) the major objectives of the program; and
                    ``(ii) the requested amount of funding for each program
                and area;
                ``(C) a list of activities the Assistant Secretary or modal
            administration plans to carry out under the research programs
            described in subparagraph (B);
                ``(D) an assessment of the potential impact of the research
            programs described in subparagraph (B), including--
                    ``(i) potential outputs, outcomes, and impacts on
                technologies and practices used by entities subject to the
                jurisdiction of the modal administration;
                    ``(ii) potential effects on applicable regulations of
                the modal administration, including the modification or
                modernization of those regulations;
                    ``(iii) potential economic or societal impacts; and
                    ``(iv) progress made toward achieving strategic goals
                of--

                        ``(I) the applicable modal administration; or
                        ``(II) the Department of Transportation;

                ``(E) a description of potential partnerships to be
            established to conduct the research program, including
            partnerships with--
                    ``(i) institutions of higher education; and
                    ``(ii) private sector entities; and
                ``(F) such other requirements as the Assistant Secretary
            considers to be necessary.'';
            (2) in subsection (b)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                inserting ``by the head of a modal administration or joint
                program office'' after ``submitted''; and
                    (ii) in subparagraph (B), by striking clause (ii) and
                inserting the following:
                    ``(ii) request that the plan and outlook be--

                        ``(I) revised in accordance with such suggestions
                    as the Assistant Secretary shall include to ensure
                    conformity with the criteria described in paragraph
                    (2); and
                        ``(II) resubmitted to the Assistant Secretary for
                    approval.'';

                (B) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively; and
                (C) by inserting after paragraph (1) the following:
            ``(2) Criteria.--In conducting a review under paragraph (1)(A),
        the Assistant Secretary shall, with respect to the modal research
        plan that is the subject of the review--
                ``(A) take into consideration whether--
                    ``(i) the plan contains research objectives that are
                consistent with the strategic research and policy
                objectives of the Department of Transportation included in
                the strategic plan required under section 6503; and
                    ``(ii) the research programs described in the plan have
                the potential to benefit the safety, mobility, and
                efficiency of the United States transportation system;
                ``(B) identify and evaluate any potential opportunities for
            collaboration between or among modal administrations with
            respect to particular research programs described in the plan;
                ``(C) identify and evaluate whether other modal
            administrations may be better suited to carry out the research
            programs described in the plan;
                ``(D) assess whether any projects described in the plan
            are--
                    ``(i) duplicative across modal administrations; or
                    ``(ii) unnecessary; and
                ``(E) take into consideration such other criteria as the
            Assistant Secretary determines to be necessary.''; and
                (D) by adding at the end the following:
            ``(5) Savings clause.--Nothing in this subsection limits the
        ability of the head of a modal administration to comply with
        applicable law.''; and
            (3) in subsection (c), in the matter preceding paragraph (1),
        by striking ``subsection (b)(3)'' and inserting ``subsection
        (b)(4).
        (b) Consolidated Research Database.--Section 6502(a) of title 49,
    United States Code, is amended by striking the subsection designation
    and heading and all that follows through subparagraph (B) of paragraph
    (2) and inserting the following:
        ``(a) Research Abstract Database.--
            ``(1) Submission.--Not later than September 1 of each year, the
        head of each modal administration and joint program office of the
        Department of Transportation shall submit to the Assistant
        Secretary, for review and public posting, a description of each
        proposed research project to be carried out during the following
        fiscal year, including--
                ``(A) proposed funding for any new projects; and
                ``(B) proposed additional funding for any existing
            projects.
            ``(2) Publication.--Not less frequently than annually, after
        receiving the descriptions under paragraph (1), the Assistant
        Secretary shall publish on a public website a comprehensive
        database including a description of all research projects conducted
        by the Department of Transportation, including research funded
        through university transportation centers under section 5505.
            ``(3) Contents.--The database published under paragraph (2)
        shall--
                ``(A) be delimited by research project; and
                ``(B) include a description of, with respect to each
            research project--
                    ``(i) research objectives;
                    ``(ii) the progress made with respect to the project,
                including whether the project is ongoing or complete;
                    ``(iii) any outcomes of the project, including
                potential implications for policy, regulations, or guidance
                issued by a modal administration or the Department of
                Transportation;
                    ``(iv) any findings of the project;
                    ``(v) the amount of funds allocated for the project;
                and
                    ``(vi) such other information as the Assistant
                Secretary determines to be necessary to address
                Departmental priorities and statutory mandates;''.
    SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION RESEARCH.
        (a) In General.--Chapter 65 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 6504. Incorporation of Department of Transportation research
        ``(a) Review.--Not later than December 31, 2021, and not less
    frequently than once every 5 years thereafter, in concurrence with the
    applicable strategic plan under section 6503, the Secretary of
    Transportation shall--
            ``(1) conduct a review of research conducted by the Department
        of Transportation; and
            ``(2) to the maximum extent practicable and appropriate,
        identify modifications to laws, regulations, guidance, and other
        policy documents to incorporate any innovations resulting from the
        research described in paragraph (1) that have the potential to
        improve the safety or efficiency of the United States
        transportation system.
        ``(b) Requirements.--In conducting a review under subsection (a),
    the Secretary of Transportation shall--
            ``(1) identify any innovative practices, materials, or
        technologies that have demonstrable benefits to the transportation
        system;
            ``(2) determine whether the practices, materials, or
        technologies described in paragraph (1) require any statutory or
        regulatory modifications for adoption; and
            ``(3)(A) if modifications are determined to be required under
        paragraph (2), develop--
                ``(i) a proposal for those modifications; and
                ``(ii) a description of the manner in which any such
            regulatory modifications would be--
                    ``(I) incorporated into the Unified Regulatory Agenda;
                or
                    ``(II) adopted into existing regulations as soon as
                practicable; or
            ``(B) if modifications are determined not to be required under
        paragraph (2), develop a description of the means by which the
        practices, materials, or technologies described in paragraph (1)
        will otherwise be incorporated into Department of Transportation or
        modal administration policy or guidance, including as part of the
        Technology Transfer Program of the Office of the Assistant
        Secretary for Research and Technology.
        ``(c) Report.--On completion of each review under subsection (a),
    the Secretary of Transportation shall submit to the appropriate
    committees of Congress a report describing, with respect to the period
    covered by the report--
            ``(1) each new practice, material, or technology identified
        under subsection (b)(1); and
            ``(2) any statutory or regulatory modification for the adoption
        of such a practice, material, or technology that--
                ``(A) is determined to be required under subsection (b)(2);
            or
                ``(B) was otherwise made during that period.''.
        (b) Clerical Amendment.--The analysis for chapter 65 of title 49,
    United States Code, is amended by adding at the end the following:
    ``6504. Incorporation of Department of Transportation research.''.
    SEC. 25017. UNIVERSITY TRANSPORTATION CENTERS PROGRAM.
        Section 5505 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by inserting ``of Transportation,
            acting through the Assistant Secretary for Research and
            Technology (referred to in this section as the `Secretary'),''
            after ``The Secretary''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (B), by inserting ``multimodal''
                after ``critical''; and
                    (ii) in subparagraph (C), by inserting ``with respect
                to the matters described in subparagraphs (A) through (G)
                of section 6503(c)(1)'' after ``transportation leaders'';
            (2) in subsection (b)--
                (A) in paragraph (2)(A), by striking ``for each of the
            transportation centers described under paragraphs (2), (3), and
            (4) of subsection (c)'' and inserting ``as a lead institution
            under this section, except as provided in subparagraph (B)'';
                (B) in paragraph (4)--
                    (i) in subparagraph (A), by striking ``identified in
                chapter 65'' and inserting ``described in subparagraphs (A)
                through (G) of section 6503(c)(1)''; and
                    (ii) in subparagraph (B), in the matter preceding
                clause (i), by striking ``the Assistant Secretary'' and all
                that follows through ``modal administrations'' and
                inserting ``the heads of the modal administrations of the
                Department of Transportation,''; and
                (C) in paragraph (5)(B), in the matter preceding clause
            (i), by striking ``submit'' and all that follows through ``of
            the Senate'' and inserting ``make available to the public on a
            website of the Department of Transportation'';
            (3) in subsection (c)(3)(E)--
                (A) by inserting ``, including the cybersecurity
            implications of technologies relating to connected vehicles,
            connected infrastructure, and autonomous vehicles'' after
            ``autonomous vehicles''; and
                (B) by striking ``The Secretary'' and inserting the
            following:
                    ``(i) In general.--A regional university transportation
                center receiving a grant under this paragraph shall carry
                out research focusing on 1 or more of the matters described
                in subparagraphs (A) through (G) of section 6503(c)(1).
                    ``(ii) Focused objectives.--The Secretary''; and
            (4) in subsection (d)--
                (A) in paragraph (2)--
                    (i) in the paragraph heading, by striking ``Annual
                review'' and inserting ``Review'';
                    (ii) in the matter preceding subparagraph (A), by
                striking ``annually'' and inserting ``biennially''; and
                    (iii) in subparagraph (B), by striking ``submit'' and
                all that follows through ``of the Senate'' and inserting
                ``make available to the public on a website of the
                Department of Transportation''; and
                (B) in paragraph (3), by striking ``2016 through 2020'' and
            inserting ``2022 through 2026''.
    SEC. 25018. NATIONAL TRAVEL AND TOURISM INFRASTRUCTURE STRATEGIC PLAN.
        (a) In General.--Section 1431(e) of the FAST Act (49 U.S.C. 301
    note; Public Law 114-94) is amended--
            (1) by redesignating paragraphs (1) through (7) as
        subparagraphs (A) though (G), respectively, and indenting
        appropriately;
            (2) in the matter preceding subparagraph (A) (as so
        redesignated)--
                (A) by striking ``Not later than 3 years after the date of
            enactment of this Act'' and inserting ``Not later than 180 days
            after the date of enactment of the Surface Transportation
            Investment Act of 2021''; and
                (B) by striking ``plan that includes'' and inserting the
            following: ``plan--
            ``(1) to develop an immediate-term and long-term strategy,
        including policy recommendations across all modes of
        transportation, for the Department and other agencies to use
        infrastructure investments to revive the travel and tourism
        industry and the overall travel and tourism economy in the wake of
        the Coronavirus Disease 2019 (COVID-19) pandemic; and
            ``(2) that includes''; and
            (3) in paragraph (2) (as so redesignated)--
                (A) in subparagraph (A) (as so redesignated), by inserting
            ``, including consideration of the impacts of the COVID-19
            pandemic'' after ``network'';
                (B) in subparagraph (D) (as so redesignated), by inserting
            ``of regional significance'' after ``corridors'';
                (C) in subparagraph (F) (as so redesignated), by striking
            ``and'' at the end;
                (D) in subparagraph (G) (as so redesignated), by striking
            the period at the end and inserting ``; and''; and
                (E) by adding at the end the following:
                ``(H) an identification of possible infrastructure
            investments that create recovery opportunities for small,
            underserved, minority, and rural businesses in the travel and
            tourism industry, including efforts to preserve and protect the
            scenic, but often less-traveled, roads that promote tourism and
            economic development throughout the United States.''.
        (b) Chief Travel and Tourism Officer.--Section 102 of title 49,
    United States Code, is amended by striking subsection (i) (as
    redesignated by section 25009(a)(3)) and inserting the following:
        ``(i) Chief Travel and Tourism Officer.--
            ``(1) Establishment.--There is established in the Office of the
        Secretary of Transportation a position, to be known as the `Chief
        Travel and Tourism Officer'.
            ``(2) Duties.--The Chief Travel and Tourism Officer shall
        collaborate with the Assistant Secretary for Aviation and
        International Affairs to carry out--
                ``(A) the National Travel and Tourism Infrastructure
            Strategic Plan under section 1431(e) of Public Law 114-94 (49
            U.S.C. 301 note); and
                ``(B) other travel- and tourism-related matters involving
            the Department of Transportation.''.
    SEC. 25019. LOCAL HIRING PREFERENCE FOR CONSTRUCTION JOBS.
        (a) Authorization.--
            (1) In general.--A recipient or subrecipient of a grant
        provided by the Secretary under title 23 or 49, United States Code,
        may implement a local or other geographical or economic hiring
        preference relating to the use of labor for construction of a
        project funded by the grant, including prehire agreements, subject
        to any applicable State and local laws, policies, and procedures.
            (2) Treatment.--The use of a local or other geographical or
        economic hiring preference pursuant to paragraph (1) in any bid for
        a contract for the construction of a project funded by a grant
        described in paragraph (1) shall not be considered to unduly limit
        competition.
        (b) Workforce Diversity Report.--Not later than 1 year after the
    date of enactment of this Act, the Secretary shall submit to Congress a
    report describing methods--
            (1) to ensure preapprenticeship programs are established and
        implemented to meet the needs of employers in transportation and
        transportation infrastructure construction industries, including
        with respect to the formal connection of the preapprenticeship
        programs to registered apprenticeship programs;
            (2) to address barriers to employment (within the meaning of
        the Workforce Innovation and Opportunity Act (29 U.S.C. 3101 et
        seq.)) in transportation and transportation infrastructure
        construction industries for--
                (A) individuals who are former offenders (as defined in
            section 3 of the Workforce Innovation and Opportunity Act (29
            U.S.C. 3102));
                (B) individuals with a disability (as defined in section 3
            of the Americans with Disabilities Act of 1990 (42 U.S.C.
            12102)); and
                (C) individuals that represent populations that are
            traditionally underrepresented in the workforce; and
            (3) to encourage a recipient or subrecipient implementing a
        local or other geographical or economic hiring preference pursuant
        to subsection (a)(1) to establish, in coordination with nonprofit
        organizations that represent employees, outreach and support
        programs that increase diversity within the workforce, including
        expanded participation from individuals described in subparagraphs
        (A) through (C) of paragraph (2).
        (c) Model Plan.--Not later than 1 year after the date of submission
    of the report under subsection (b), the Secretary shall establish, and
    publish on the website of the Department, a model plan for use by
    States, units of local government, and private sector entities to
    address the issues described in that subsection.
    SEC. 25020. TRANSPORTATION WORKFORCE DEVELOPMENT.
        (a) Assessment.--The Secretary shall enter into an arrangement with
    the National Academy of Sciences under which the National Academy shall
    develop and submit to the Secretary a workforce needs assessment that--
            (1) addresses--
                (A) the education and recruitment of technical workers for
            the intelligent transportation technologies and systems
            industry;
                (B) the development of a workforce skilled in various types
            of intelligent transportation technologies, components,
            infrastructure, and equipment, including with respect to--
                    (i) installation;
                    (ii) maintenance;
                    (iii) manufacturing;
                    (iv) operations, including data analysis and review;
                and
                    (v) cybersecurity; and
                (C) barriers to employment in the intelligent
            transportation technologies and systems industry for--
                    (i) individuals who are former offenders (as defined in
                section 3 of the Workforce Innovation and Opportunity Act
                (29 U.S.C. 3102));
                    (ii) individuals with a disability (as defined in
                section 3 of the Americans with Disabilities Act of 1990
                (42 U.S.C. 12102)); and
                    (iii) individuals that represent populations that are
                traditionally underrepresented in the workforce; and
            (2) includes recommendations relating to the issues described
        in paragraph (1).
        (b) Working Group.--
            (1) Establishment.--The Secretary shall establish a working
        group, to be composed of--
                (A) the Secretary of Energy;
                (B) the Secretary of Labor; and
                (C) the heads of such other Federal agencies as the
            Secretary determines to be necessary.
            (2) Implementation plan.--
                (A) In general.--The working group established under
            paragraph (1) shall develop an intelligent transportation
            technologies and systems industry workforce development
            implantation plan.
                (B) Requirements.--The implementation plan under
            subparagraph (A) shall address any issues and recommendations
            included in the needs assessment under subsection (a), taking
            into consideration a whole-of-government approach with respect
            to--
                    (i) using registered apprenticeship and
                preapprenticeship programs; and
                    (ii) re-skilling workers who may be interested in
                working within the intelligent transportation technologies
                and systems industry.
            (3) Submission to congress.--Not later than 1 year after the
        date of receipt of the needs assessment under subsection (a), the
        Secretary shall submit to Congress the implementation plan
        developed under paragraph (2).
            (4) Termination.--The working group established under paragraph
        (1) shall terminate on the date on which the implementation plan
        developed under paragraph (2) is submitted to Congress under
        paragraph (3).
        (c) Transportation Workforce Outreach Program.--
            (1) In general.--Subchapter I of chapter 55 of title 49, United
        States Code (as amended by section 25013(a)), is amended by adding
        at the end the following:
    ``Sec. 5507. Transportation workforce outreach program
        ``(a) In General.--The Secretary of Transportation (referred to in
    this section as the `Secretary') shall establish and administer a
    transportation workforce outreach program, under which the Secretary
    shall carry out a series of public service announcement campaigns
    during each of fiscal years 2022 through 2026.
        ``(b) Purposes.--The purpose of the campaigns carried out under the
    program under this section shall be--
            ``(1) to increase awareness of career opportunities in the
        transportation sector, including aviation pilots, safety
        inspectors, mechanics and technicians, air traffic controllers,
        flight attendants, truck and bus drivers, engineers, transit
        workers, railroad workers, and other transportation professionals;
        and
            ``(2) to target awareness of professional opportunities in the
        transportation sector to diverse segments of the population,
        including with respect to race, sex, ethnicity, ability (including
        physical and mental ability), veteran status, and socioeconomic
        status.
        ``(c) Advertising.--The Secretary may use, or authorize the use of,
    amounts made available to carry out the program under this section for
    the development, production, and use of broadcast, digital, and print
    media advertising and outreach in carrying out a campaign under this
    section.
        ``(d) Funding.--The Secretary may use to carry out this section any
    amounts otherwise made available to the Secretary, not to exceed
    $5,000,000, for each of fiscal years 2022 through 2026.''.
            (2) Clerical amendment.--The analysis for subchapter I of
        chapter 55 of title 49, United States Code (as amended by section
        25013(b)), is amended by adding at the end the following:
    ``5507. Transportation workforce outreach program.''.
    SEC. 25021. INTERMODAL TRANSPORTATION ADVISORY BOARD REPEAL.
        (a) In General.--Section 5502 of title 49, United States Code, is
    repealed.
        (b) Clerical Amendment.--The analysis for subchapter I of chapter
    55 of title 49, United States Code, is amended by striking the item
    relating to section 5502.
    SEC. 25022. GAO CYBERSECURITY RECOMMENDATIONS.
        (a) Cybersecurity Risk Management.--Not later than 3 years after
    the date of enactment of this Act, the Secretary shall implement the
    recommendation for the Department made by the Comptroller General of
    the United States in the report entitled ``Cybersecurity: Agencies Need
    to Fully Establish Risk Management Programs and Address Challenges'',
    numbered GAO-19-384, and dated July 2019--
            (1) by developing a cybersecurity risk management strategy for
        the systems and information of the Department;
            (2) by updating policies to address an organization-wide risk
        assessment; and
            (3) by updating the processes for coordination between
        cybersecurity risk management functions and enterprise risk
        management functions.
        (b) Work Roles.--Not later than 3 years after the date of enactment
    of this Act, the Secretary shall implement the recommendation of the
    Comptroller General of the United States in the report entitled
    ``Cybersecurity Workforce: Agencies Need to Accurately Categorize
    Positions to Effectively Identify Critical Staffing Needs'', numbered
    GAO-19-144, and dated March 2019, by--
            (1) reviewing positions in the Department; and
            (2) assigning appropriate work roles in accordance with the
        National Initiative for Cybersecurity Education Cybersecurity
        Workforce Framework.
        (c) GAO Review.--
            (1) Report.--Not later than 18 months after the date of
        enactment of this Act, the Comptroller General of the United States
        shall submit to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives a report that
        examines the approach of the Department to managing cybersecurity
        for the systems and information of the Department.
            (2) Contents.--The report under paragraph (1) shall include an
        evaluation of--
                (A) the roles, responsibilities, and reporting
            relationships of the senior officials of the Department with
            respect to cybersecurity at the components of the Department;
                (B) the extent to which officials of the Department--
                    (i) establish requirements for, share information with,
                provide resources to, and monitor the performance of
                managers with respect to cybersecurity within the
                components of the Department; and
                    (ii) hold managers accountable for cybersecurity within
                the components of the Department; and
                (C) other aspects of cybersecurity, as the Comptroller
            General of the United States determines to be appropriate.
    SEC. 25023. VOLPE OVERSIGHT.
        (a) Financial Management.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall implement the
    recommendations of the Inspector General of the Department included in
    the report entitled ``DOT Needs to Strengthen Its Oversight of IAAs
    With Volpe'' and dated September 30, 2019, to improve planning,
    financial management, and the sharing of performance information with
    respect to intraagency agreements with the John A. Volpe National
    Transportation Systems Center (referred to in this section as the
    ``Volpe Center'').
        (b) GAO Review.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Comptroller General of the United States
        shall submit to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives a report that
        examines the surface transportation activities at the Volpe Center.
            (2) Contents.--The report under paragraph (1) shall include an
        evaluation of--
                (A) the amount of Department funding provided to the Volpe
            Center, as compared to other Federal and non-Federal research
            partners;
                (B) the process used by the Department to determine whether
            to work with the Volpe Center, as compared to any other Federal
            or non-Federal research partner;
                (C) the extent to which the Department is collaborating
            with the Volpe Center to address research needs relating to
            emerging issues; and
                (D) whether the operation of the Volpe Center is
            duplicative of other public or private sector efforts.
    SEC. 25024. MODIFICATIONS TO GRANT PROGRAM.
        Section 1906 of the SAFETEA-LU (23 U.S.C. 402 note; Public Law 109-
    59) is amended--
            (1) in subsection (b)--
                (A) in paragraph (1), by striking ``and'' at the end;
                (B) in paragraph (2), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(3) developing and implementing programs, public outreach,
        and training to reduce the impact of traffic stops described in
        subsection (a)(1).'';
            (2) by striking subsection (c) and inserting the following:
        ``(c) Maximum Amount.--The total amount provided to a State under
    this section in any fiscal year may not exceed--
            ``(1) for a State described in subsection (a)(1), 10 percent of
        the amount made available to carry out this section in that fiscal
        year; and
            ``(2) for a State described in subsection (a)(2), 5 percent of
        the amount made available to carry out this section in that fiscal
        year.''; and
            (3) in subsection (d)--
                (A) by striking ``$7,500,000 for each of fiscal years 2017
            through 2020'' and inserting ``$11,500,000 for each fiscal
            year'';
                (B) by redesignating paragraph (3) as paragraph (4); and
                (C) by inserting after paragraph (2) the following:
            ``(3) Technical assistance.--The Secretary may allocate not
        more than 10 percent of the amount made available to carry out this
        section in a fiscal year to provide technical assistance to States
        to carry out activities under this section.''.
    SEC. 25025. DRUG-IMPAIRED DRIVING DATA COLLECTION.
        Not later than 2 years after the date of enactment of this Act, the
    Secretary, in consultation with the heads of appropriate Federal
    agencies, State highway safety offices, State toxicologists, traffic
    safety advocates, and other interested parties, shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate and
    the Committee on Transportation and Infrastructure of the House of
    Representatives a report that, in accordance with the document entitled
    ``Recommendations for Toxicological Investigations of Drug-Impaired
    Driving and Motor Vehicle Fatalities--2017 Update'' (and subsequent
    updates to that document)--
            (1) identifies any barriers that States encounter in submitting
        alcohol and drug toxicology results to the Fatality Analysis
        Reporting System;
            (2) provides recommendations on how to address the barriers
        identified pursuant to paragraph (1); and
            (3) describes steps that the Secretary, acting through the
        Administrator of the National Highway Traffic Safety
        Administration, will take to assist States in improving--
                (A) toxicology testing in cases of motor vehicle crashes;
            and
                (B) the reporting of alcohol and drug toxicology results in
            cases of motor vehicle crashes.
    SEC. 25026. REPORT ON MARIJUANA RESEARCH.
        (a) Definition of Marijuana.--In this section, the term
    ``marijuana'' has the meaning given the term in section 4008(d) of the
    FAST Act (Public Law 114-94; 129 Stat. 1511).
        (b) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary, in consultation with the Attorney General and
    the Secretary of Health and Human Services, shall submit to the
    Committees on Commerce, Science, and Transportation and the Judiciary
    of the Senate and the Committees on Transportation and Infrastructure
    and the Judiciary of the House of Representatives, and make publicly
    available on the website of the Department, a report that--
            (1) describes methods for, and contains recommendations with
        respect to--
                (A) increasing and improving, for scientific researchers
            studying impairment while driving under the influence of
            marijuana, access to samples and strains of marijuana and
            products containing marijuana that are lawfully available to
            patients or consumers in a State on a retail basis;
                (B) establishing a national clearinghouse to collect and
            distribute samples and strains of marijuana for scientific
            research that includes marijuana and products containing
            marijuana lawfully available to patients or consumers in a
            State on a retail basis; and
                (C) facilitating, for scientific researchers located in
            States that have not legalized marijuana for medical or
            recreational use, access to samples and strains of marijuana
            and products containing marijuana from the clearinghouse
            described in subparagraph (B) for purposes of research on
            marijuana-impaired driving; and
            (2) identifies, and contains recommendations for addressing,
        Federal statutory and regulatory barriers to--
                (A) the conduct of scientific research on marijuana-
            impaired driving; and
                (B) the establishment of a national clearinghouse for
            purposes of facilitating research on marijuana-impaired
            driving.
    SEC. 25027. GAO STUDY ON IMPROVING THE EFFICIENCY OF TRAFFIC SYSTEMS.
        Not later than 1 year after the date of enactment of this Act, the
    Comptroller General of the United States shall carry out, and submit to
    Congress a report describing the results of, a study on the potential
    societal benefits of improving the efficiency of traffic systems.

                         TITLE VI--HAZARDOUS MATERIALS

    SEC. 26001. AUTHORIZATION OF APPROPRIATIONS.
        Section 5128 of title 49, United States Code, is amended to read as
    follows:
    ``Sec. 5128. Authorization of appropriations
        ``(a) In General.--There are authorized to be appropriated to the
    Secretary to carry out this chapter (except sections 5107(e),
    5108(g)(2), 5113, 5115, 5116, and 5119)--
            ``(1) $67,000,000 for fiscal year 2022;
            ``(2) $68,000,000 for fiscal year 2023;
            ``(3) $69,000,000 for fiscal year 2024;
            ``(4) $70,000,000 for fiscal year 2025; and
            ``(5) $71,000,000 for fiscal year 2026.
        ``(b) Hazardous Materials Emergency Preparedness Fund.--From the
    Hazardous Materials Preparedness Fund established under section
    5116(h), the Secretary may expend, for each of fiscal years 2022
    through 2026--
            ``(1) $39,050,000 to carry out section 5116(a);
            ``(2) $150,000 to carry out section 5116(e);
            ``(3) $625,000 to publish and distribute the Emergency Response
        Guidebook under section 5116(h)(3); and
            ``(4) $2,000,000 to carry out section 5116(i).
        ``(c) Hazardous Materials Training Grants.--From the Hazardous
    Materials Emergency Preparedness Fund established pursuant to section
    5116(h), the Secretary may expend $5,000,000 for each of fiscal years
    2022 through 2026 to carry out section 5107(e).
        ``(d) Community Safety Grants.--Of the amounts made available under
    subsection (a) to carry out this chapter, the Secretary shall withhold
    $4,000,000 for each of fiscal years 2022 through 2026 to carry out
    section 5107(i).
        ``(e) Credits to Appropriations.--
            ``(1) Expenses.--In addition to amounts otherwise made
        available to carry out this chapter, the Secretary may credit
        amounts received from a State, Indian tribe, or other public
        authority or private entity for expenses the Secretary incurs in
        providing training to the State, Indian tribe, authority or entity.
            ``(2) Availability of amounts.--Amounts made available under
        this section shall remain available until expended.''.
    SEC. 26002. ASSISTANCE FOR LOCAL EMERGENCY RESPONSE TRAINING GRANT
    PROGRAM.
        Section 5116 of title 49, United States Code, is amended--
            (1) in subsection (j), in the second sentence of the matter
        preceding paragraph (1), by striking ``subsection (i)'' and
        inserting ``subsections (i) and (j)'';
            (2) by redesignating subsection (j) as subsection (k); and
            (3) by inserting after subsection (i) the following:
        ``(j) Alert Grant Program.--
            ``(1) Assistance for local emergency response training.--The
        Secretary shall establish a grant program to make grants to
        eligible entities described in paragraph (2)--
                ``(A) to develop a hazardous materials response training
            curriculum for emergency responders, including response
            activities for the transportation of crude oil, ethanol, and
            other flammable liquids by rail, consistent with the standards
            of the National Fire Protection Association; and
                ``(B) to make the training described in subparagraph (A)
            available in an electronic format.
            ``(2) Eligible entities.--An eligible entity referred to in
        paragraph (1) is a nonprofit organization that--
                ``(A) represents first responders or public officials
            responsible for coordinating disaster response; and
                ``(B) is able to provide direct or web-based training to
            individuals responsible for responding to accidents and
            incidents involving hazardous materials.
            ``(3) Funding.--
                ``(A) In general.--To carry out the grant program under
            paragraph (1), the Secretary may use, for each fiscal year, any
            amounts recovered during such fiscal year from grants awarded
            under this section during a prior fiscal year.
                ``(B) Other hazardous material training activities.--For
            each fiscal year, after providing grants under paragraph (1),
            if funds remain available, the Secretary may use the amounts
            described in subparagraph (A)--
                    ``(i) to make grants under--

                        ``(I) subsection (a)(1)(C);
                        ``(II) subsection (i); and
                        ``(III) section 5107(e);

                    ``(ii) to conduct monitoring and provide technical
                assistance under subsection (e);
                    ``(iii) to publish and distribute the emergency
                response guide referred to in subsection (h)(3); and
                    ``(iv) to pay administrative costs in accordance with
                subsection (h)(4).
                ``(C) Obligation limitation.--Notwithstanding any other
            provision of law, for each fiscal year, amounts described in
            subparagraph (A) shall not be included in the obligation
            limitation for the Hazardous Materials Emergency Preparedness
            grant program for that fiscal year.''.
    SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION.
        Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114-
    94) is amended--
            (1) in subsection (a)--
                (A) in the matter preceding paragraph (1), by striking ``1
            year after the date of enactment of this Act'' and inserting
            ``December 5, 2022'';
                (B) in paragraph (1), by amending subparagraph (B) to read
            as follows:
                ``(B) to provide the electronic train consist information
            described in subparagraph (A) to authorized State and local
            first responders, emergency response officials, and law
            enforcement personnel that are involved in the response to, or
            investigation of, an accident, incident, or public health or
            safety emergency involving the rail transportation of hazardous
            materials;'';
                (C) by striking paragraph (2);
                (D) by redesignating paragraphs (3), (4), (5), (6), and (7)
            as paragraphs (2), (3), (4), (5), and (6), respectively; and
                (E) in paragraph (3), as redesignated, by striking
            ``paragraph (3)'' and inserting ``paragraph (2)'';
            (2) in subsection (b)--
                (A) by striking paragraphs (1) and (4); and
                (B) by redesignating paragraphs (2), (3), (5), (6), and (7)
            as paragraphs (1), (2), (3), (4), and (5), respectively; and
            (3) in subsection (c), by striking ``, as described in
        subsection (a)(1)(B),''.

                         TITLE VII--GENERAL PROVISIONS

    SEC. 27001. PERFORMANCE MEASUREMENT, TRANSPARENCY, AND ACCOUNTABILITY.
         For each grant awarded under this Act, or an amendment made by
    this Act, the Secretary may--
            (1) develop metrics to assess the effectiveness of the
        activities funded by the grant;
            (2) establish standards for the performance of the activities
        funded by the grant that are based on the metrics developed under
        paragraph (1); and
            (3) not later than the date that is 4 years after the date of
        the initial award of the grant and every 2 years thereafter until
        the date on which Federal financial assistance is discontinued for
        the applicable activity, conduct an assessment of the activity
        funded by the grant to confirm whether the performance is meeting
        the standards for performance established under paragraph (2).
    SEC. 27002. COORDINATION REGARDING FORCED LABOR.
        The Secretary shall coordinate with the Commissioner of U.S.
    Customs and Border Protection to ensure that no illegal products or
    materials produced with forced labor are procured with funding made
    available under this Act.
    SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
        (a) Audit and Report.--Not later than 18 months after the date of
    enactment of this Act, the Assistant Secretary of Commerce for
    Communications and Information and the Secretary shall jointly--
            (1) conduct an audit of the electromagnetic spectrum that is
        assigned or otherwise allocated to the Department as of the date of
        the audit; and
            (2) submit to Congress, and make available to each Member of
        Congress upon request, a report containing the results of the audit
        conducted under paragraph (1).
        (b) Contents of Report.--The Assistant Secretary of Commerce for
    Communications and Information and the Secretary shall include in the
    report submitted under subsection (a)(2), with respect to the
    electromagnetic spectrum that is assigned or otherwise allocated to the
    Department as of the date of the audit--
            (1) each particular band of spectrum being used by the
        Department;
            (2) a description of each purpose for which a particular band
        described in paragraph (1) is being used, and how much of the band
        is being used for that purpose;
            (3) the State or other geographic area in which a particular
        band described in paragraph (1) is assigned or allocated for use;
            (4) whether a particular band described in paragraph (1) is
        used exclusively by the Department or shared with another Federal
        entity or a non-Federal entity; and
            (5) any portion of the spectrum that is not being used by the
        Department.
        (c) Form of Report.--The report required under subsection (a)(2)
    shall be submitted in unclassified form but may include a classified
    annex.
    SEC. 27004. STUDY AND REPORTS ON THE TRAVEL AND TOURISM ACTIVITIES OF
    THE DEPARTMENT.
        (a) Study.--
            (1) In general.--The Secretary shall conduct a study (referred
        to in this section as the ``study'') on the travel and tourism
        activities within the Department.
            (2) Requirement.--The study shall evaluate how the Department
        evaluates travel and tourism needs or criteria in considering
        applications for grants under the grant programs of the Department.
        (b) Report of the Secretary.--Not later than 1 year after the date
    of enactment of this Act, the Secretary shall submit to the Committee
    on Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the results of the study, which shall
    include--
            (1) an identification of how the Department currently evaluates
        travel and tourism needs or criteria in considering applications
        for grants under the grant programs of the Department;
            (2) a description of any actions that the Department will take
        to improve the evaluation of tourism- and travel-related criteria
        in considering applications for grants under those grant programs;
        and
            (3) recommendations as to any statutory or regulatory changes
        that may be required to enhance the consideration by the Department
        of travel and tourism needs or criteria in considering applications
        for grants under those grant programs.
        (c) GAO Assessment and Report.--
            (1) Assessment.--The Comptroller General of the United States
        shall conduct an assessment of the existing resources of the
        Department used to conduct travel- and tourism-related activities,
        including the consideration of travel and tourism needs or criteria
        in considering applications for grants under the grant programs of
        the Department, in order to identify--
                (A) any resources needed by the Department; and
                (B) any barriers to carrying out those activities.
            (2) Report.--Not later than 18 months after the date of
        enactment of this Act, the Comptroller General of the United States
        shall submit to the Committee on Commerce, Science, and
        Transportation of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives a report on the
        assessment conducted under paragraph (1), which shall include--
                (A) recommendations for improving the evaluation and
            consideration by the Department of travel and tourism with
            respect to the discretionary grant programs of the Department;
                (B) an assessment of the resources needed to carry out the
            tourism- and travel-related activities of the Department;
                (C) an assessment of any barriers to carrying out
            activities relating to travel and tourism; and
                (D) recommendations for improving the ability of the
            Department to carry out activities relating to travel and
            tourism, which may include proposed statutory or regulatory
            changes that may be needed to facilitate those activities.

       TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

    SEC. 28001. SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY.
        (a) Division of Annual Appropriations.--
            (1) In general.--Section 4 of the Dingell-Johnson Sport Fish
        Restoration Act (16 U.S.C. 777c) is amended--
                (A) in subsection (a), by striking ``2021'' and inserting
            ``2026'';
                (B) in subsection (b)--
                    (i) in paragraph (1)--

                        (I) in subparagraph (A), by striking ``2021'' and
                    inserting ``2026''; and
                        (II) by striking subparagraph (B) and inserting the
                    following:

                ``(B) Available amounts.--The available amount referred to
            in subparagraph (A) is--
                    ``(i) for the fiscal year that includes the date of
                enactment of the Surface Transportation Reauthorization Act
                of 2021, the sum obtained by adding--

                        ``(I) the available amount specified in this
                    subparagraph for the preceding fiscal year; and
                        ``(II) $979,500; and

                    ``(ii) for each fiscal year thereafter, the sum
                obtained by adding--

                        ``(I) the available amount specified in this
                    subparagraph for the preceding fiscal year; and
                        ``(II) the product obtained by multiplying--

                            ``(aa) the available amount specified in this
                        subparagraph for the preceding fiscal year; and
                            ``(bb) the change, relative to the preceding
                        fiscal year, in the Consumer Price Index for All
                        Urban Consumers published by the Department of
                        Labor.''; and
                    (ii) in paragraph (2)--

                        (I) in subparagraph (A), by striking ``2016 through
                    2021'' and inserting ``2022 through 2026''; and
                        (II) by striking subparagraph (B) and inserting the
                    following:

                ``(B) Available amounts.--The available amount referred to
            in subparagraph (A) is--
                    ``(i) for fiscal year 2022, $12,786,434; and
                    ``(ii) for fiscal year 2023 and each fiscal year
                thereafter, the sum obtained by adding--

                        ``(I) the available amount specified in this
                    subparagraph for the preceding fiscal year; and
                        ``(II) the product obtained by multiplying--

                            ``(aa) the available amount specified in this
                        subparagraph for the preceding fiscal year; and
                            ``(bb) the change, relative to the preceding
                        fiscal year, in the Consumer Price Index for All
                        Urban Consumers published by the Department of
                        Labor.''; and
                (C) in subsection (e)(2), by striking ``$900,000'' and
            inserting ``$1,300,000''.
            (2) Administration.--Section 9(a) of the Dingell-Johnson Sport
        Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
                (A) by striking paragraphs (1) and (2) and inserting the
            following:
            ``(1) personnel costs of employees for the work hours of each
        employee spent directly administering this Act, as those hours are
        certified by the supervisor of the employee;'';
                (B) by redesignating paragraphs (3) through (12) as
            paragraphs (2) through (11), respectively;
                (C) in paragraph (2) (as so redesignated), by striking
            ``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
                (D) in paragraph (4)(B) (as so redesignated), by striking
            ``full-time equivalent employee authorized under paragraphs (1)
            and (2)'' and inserting ``employee authorized under paragraph
            (1)'';
                (E) in paragraph (8)(A) (as so redesignated), by striking
            ``on a full-time basis''; and
                (F) in paragraph (10) (as so redesignated)--
                    (i) by inserting ``or part-time'' after ``full-time'';
                and
                    (ii) by inserting ``, subject to the condition that the
                percentage of the relocation expenses paid with funds made
                available pursuant to this Act may not exceed the
                percentage of the work hours of the employee that are spent
                administering this Act'' after ``incurred''.
            (3) Other activities.--Section 14(e) of the Dingell-Johnson
        Sport Fish Restoration Act (16 U.S.C. 777m(e)) is amended by adding
        at the end the following:
            ``(3) A portion, as determined by the Sport Fishing and Boating
        Partnership Council, of funds disbursed for the purposes described
        in paragraph (2) but remaining unobligated as of October 1, 2021,
        shall be used to study the impact of derelict vessels and identify
        recyclable solutions for recreational vessels.''.
            (4) Recreational boating safety.--Section 13107(c)(2) of title
        46, United States Code, is amended by striking ``No funds
        available'' and inserting ``On or after October 1, 2024, no funds
        available''.
        (b) Wildlife Restoration Fund Administration.--
            (1) Allocation and apportionment of available amounts.--Section
        4(a) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C.
        669c(a)) is amended--
                (A) in paragraph (1), by striking subparagraph (B) and
            inserting the following:
                ``(B) Available amounts.--The available amount referred to
            in subparagraph (A) is--
                    ``(i) for the fiscal year that includes the date of
                enactment of the Surface Transportation Reauthorization Act
                of 2021, the sum obtained by adding--

                        ``(I) the available amount specified in this
                    subparagraph for the preceding fiscal year; and
                        ``(II) $979,500; and

                    ``(ii) for each fiscal year thereafter, the sum
                obtained by adding--

                        ``(I) the available amount specified in this
                    subparagraph for the preceding fiscal year; and
                        ``(II) the product obtained by multiplying--

                            ``(aa) the available amount specified in this
                        subparagraph for the preceding fiscal year; and
                            ``(bb) the change, relative to the preceding
                        fiscal year, in the Consumer Price Index for All
                        Urban Consumers published by the Department of
                        Labor.''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (A), by inserting ``subsequent''
                before ``fiscal year.''; and
                    (ii) by striking subparagraph (B) and inserting the
                following:
                ``(B) Apportionment of unobligated amounts.--
                    ``(i) In general.--Not later than 60 days after the end
                of a fiscal year, the Secretary of the Interior shall
                apportion among the States any of the available amount
                under paragraph (1) that remained available for obligation
                pursuant to subparagraph (A) during that fiscal year and
                remains unobligated at the end of that fiscal year.
                    ``(ii) Requirement.--The available amount apportioned
                under clause (i) shall be apportioned on the same basis and
                in the same manner as other amounts made available under
                this Act were apportioned among the States for the fiscal
                year in which the amount was originally made available.''.
            (2) Authorized expenses for administration.--Section 9(a) of
        the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h(a))
        is amended--
                (A) by striking paragraphs (1) and (2) and inserting the
            following:
            ``(1) personnel costs of employees for the work hours of each
        employee spent directly administering this Act, as those hours are
        certified by the supervisor of the employee;'';
                (B) by redesignating paragraphs (3) through (12) as
            paragraphs (2) through (11), respectively;
                (C) in paragraph (2) (as so redesignated), by striking
            ``paragraphs (1) and (2)'' and inserting ``paragraph (1)'';
                (D) in paragraph (4)(B) (as so redesignated), by striking
            ``full-time equivalent employee authorized under paragraphs (1)
            and (2)'' and inserting ``employee authorized under paragraph
            (1)'';
                (E) in paragraph (8)(A) (as so redesignated), by striking
            ``on a full-time basis''; and
                (F) in paragraph (10) (as so redesignated)--
                    (i) by inserting ``or part-time'' after ``full-time'';
                and
                    (ii) by inserting ``, subject to the condition that the
                percentage of the relocation expenses paid with funds made
                available pursuant to this Act may not exceed the
                percentage of the work hours of the employee that are spent
                administering this Act'' after ``incurred''.
        (c) Recreational Boating Access.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Comptroller General of the United States
        shall submit to the Sport Fishing and Boating Partnership Council,
        the Committee on Natural Resources and the Committee on
        Transportation and Infrastructure of the House of Representatives,
        and the Committee on Commerce, Science, and Transportation and the
        Committee on Environment and Public Works of the Senate a report
        that, to the extent practicable, given available data, shall
        document--
                (A) the use of nonmotorized vessels in each State and how
            the increased use of nonmotorized vessels is impacting
            motorized and nonmotorized vessel access;
                (B) user conflicts at waterway access points; and
                (C) the use of--
                    (i) Sport Fish Restoration Program funds to improve
                nonmotorized access at waterway entry points and the
                reasons for providing that access; and
                    (ii) Recreational Boating Safety Program funds for
                nonmotorized boating safety programs.
            (2) Consultation.--The Comptroller General of the United States
        shall consult with the Sport Fishing and Boating Partnership
        Council and the National Boating Safety Advisory Council on study
        design, scope, and priorities for the report under paragraph (1).
        (d) Sport Fishing and Boating Partnership Council.--
            (1) In general.--The Sport Fishing and Boating Partnership
        Council established by the Secretary of the Interior shall be an
        advisory committee of the Department of the Interior and the
        Department of Commerce subject to the Federal Advisory Committee
        Act (5 U.S.C. App.).
            (2) FACA.-- The Secretary of the Interior and the Secretary of
        Commerce shall jointly carry out the requirements of the Federal
        Advisory Committee Act (5 U.S.C. App.) with respect to the Sport
        Fishing and Boating Partnership Council described in paragraph (1).
            (3) Effective date.--This subsection shall take effect on
        January 1, 2023.

                              DIVISION C--TRANSIT

    SEC. 30001. DEFINITIONS.
        (a) In General.--Section 5302 of title 49, United States Code, is
    amended--
            (1) by redesignating paragraphs (1) through (24) as paragraphs
        (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13),
        (14), (15), (16), (17), (18), (19), (20), (21), (22), (23), (24),
        and (25), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) the
        following:
            ``(1) Assault on a transit worker.--The term `assault on a
        transit worker' means a circumstance in which an individual
        knowingly, without lawful authority or permission, and with intent
        to endanger the safety of any individual, or with a reckless
        disregard for the safety of human life, interferes with, disables,
        or incapacitates a transit worker while the transit worker is
        performing the duties of the transit worker.''; and
            (3) in subparagraph (G) of paragraph (4) (as so redesignated)--
                (A) by redesignating clauses (iv) and (v) as clauses (v)
            and (vi), respectively;
                (B) by inserting after clause (iii) the following:
                    ``(iv) provides that if equipment to fuel privately
                owned zero-emission passenger vehicles is installed, the
                recipient of assistance under this chapter shall collect
                fees from users of the equipment in order to recover the
                costs of construction, maintenance, and operation of the
                equipment;'';
                (C) in clause (vi) (as so redesignated)--
                    (i) in subclause (XIII), by striking ``and'' at the
                end;
                    (ii) in subclause (XIV), by adding ``and'' after the
                semicolon; and
                    (iii) by adding at the end the following:

                        ``(XV) technology to fuel a zero-emission
                    vehicle;''.

        (b) Conforming Amendments.--
            (1) Section 601(a)(12)(E) of title 23, United States Code, is
        amended by striking ``section 5302(3)(G)(v)'' and inserting
        ``section 5302(4)(G)(v)''.
            (2) Section 5323(e)(3) of title 49, United States Code, is
        amended by striking ``section 5302(3)(J)'' and inserting ``section
        5302(4)(J)''.
            (3) Section 5336(e) of title 49, United States Code, is amended
        by striking ``, as defined in section 5302(4)''.
            (4) Section 28501(4) of title 49, United States Code, is
        amended by striking ``section 5302(a)(6)'' and inserting ``section
        5302''.
    SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.
        (a) In General.--Section 5303 of title 49, United States Code, is
    amended--
            (1) in subsection (a)(1), by inserting ``and better connect
        housing and employment'' after ``urbanized areas'';
            (2) in subsection (g)(3)(A), by inserting ``housing,'' after
        ``economic development,'';
            (3) in subsection (h)(1)(E), by inserting ``, housing,'' after
        ``growth'';
            (4) in subsection (i)--
                (A) in paragraph (4)(B)--
                    (i) by redesignating clauses (iii) through (vi) as
                clauses (iv) through (vii), respectively; and
                    (ii) by inserting after clause (ii) the following:
                    ``(iii) assumed distribution of population and
                housing;''; and
                (B) in paragraph (6)(A), by inserting ``affordable housing
            organizations,'' after ``disabled,''; and
            (5) in subsection (k)--
                (A) by redesignating paragraphs (4) and (5) as paragraphs
            (5) and (6), respectively; and
                (B) by inserting after paragraph (3) the following:
            ``(4) Housing coordination process.--
                ``(A) In general.--Within a metropolitan planning area
            serving a transportation management area, the transportation
            planning process under this section may address the integration
            of housing, transportation, and economic development strategies
            through a process that provides for effective integration,
            based on a cooperatively developed and implemented strategy, of
            new and existing transportation facilities eligible for funding
            under this chapter and title 23.
                ``(B) Coordination in integrated planning process.--In
            carrying out the process described in subparagraph (A), a
            metropolitan planning organization may--
                    ``(i) consult with--

                        ``(I) State and local entities responsible for land
                    use, economic development, housing, management of road
                    networks, or public transportation; and
                        ``(II) other appropriate public or private
                    entities; and

                    ``(ii) coordinate, to the extent practicable, with
                applicable State and local entities to align the goals of
                the process with the goals of any comprehensive housing
                affordability strategies established within the
                metropolitan planning area pursuant to section 105 of the
                Cranston-Gonzalez National Affordable Housing Act (42
                U.S.C. 12705) and plans developed under section 5A of the
                United States Housing Act of 1937 (42 U.S.C. 1437c-1).
                ``(C) Housing coordination plan.--
                    ``(i) In general.--A metropolitan planning organization
                serving a transportation management area may develop a
                housing coordination plan that includes projects and
                strategies that may be considered in the metropolitan
                transportation plan of the metropolitan planning
                organization.
                    ``(ii) Contents.--A plan described in clause (i) may--

                        ``(I) develop regional goals for the integration of
                    housing, transportation, and economic development
                    strategies to--

                            ``(aa) better connect housing and employment
                        while mitigating commuting times;
                            ``(bb) align transportation improvements with
                        housing needs, such as housing supply shortages,
                        and proposed housing development;
                            ``(cc) align planning for housing and
                        transportation to address needs in relationship to
                        household incomes within the metropolitan planning
                        area;
                            ``(dd) expand housing and economic development
                        within the catchment areas of existing
                        transportation facilities and public transportation
                        services when appropriate, including higher-density
                        development, as locally determined;
                            ``(ee) manage effects of growth of vehicle
                        miles traveled experienced in the metropolitan
                        planning area related to housing development and
                        economic development;
                            ``(ff) increase share of households with
                        sufficient and affordable access to the
                        transportation networks of the metropolitan
                        planning area;

                        ``(II) identify the location of existing and
                    planned housing and employment, and transportation
                    options that connect housing and employment; and
                        ``(III) include a comparison of transportation
                    plans to land use management plans, including zoning
                    plans, that may affect road use, public transportation
                    ridership and housing development.''.

        (b) Additional Consideration and Coordination.--Section 5303 of
    title 49, United States Code, is amended--
            (1) in subsection (d)--
                (A) in paragraph (3), by adding at the end the following:
                ``(D) Considerations.--In designating officials or
            representatives under paragraph (2) for the first time, subject
            to the bylaws or enabling statute of the metropolitan planning
            organization, the metropolitan planning organization shall
            consider the equitable and proportional representation of the
            population of the metropolitan planning area.''; and
                (B) in paragraph (7)--
                    (i) by striking ``an existing metropolitan planning
                area'' and inserting ``an existing urbanized area (as
                defined by the Bureau of the Census)''; and
                    (ii) by striking ``the existing metropolitan planning
                area'' and inserting ``the area'';
            (2) in subsection (g)--
                (A) in paragraph (1), by striking ``a metropolitan area''
            and inserting ``an urbanized area (as defined by the Bureau of
            the Census)''; and
                (B) by adding at the end the following:
            ``(4) Coordination between mpos.--If more than 1 metropolitan
        planning organization is designated within an urbanized area (as
        defined by the Bureau of the Census) under subsection (d)(7), the
        metropolitan planning organizations designated within the area
        shall ensure, to the maximum extent practicable, the consistency of
        any data used in the planning process, including information used
        in forecasting travel demand.
            ``(5) Savings clause.--Nothing in this subsection requires
        metropolitan planning organizations designated within a single
        urbanized area to jointly develop planning documents, including a
        unified long-range transportation plan or unified TIP.'';
            (3) in subsection (i)(6), by adding at the end the following:
                ``(D) Use of technology.--A metropolitan planning
            organization may use social media and other web-based tools--
                    ``(i) to further encourage public participation; and
                    ``(ii) to solicit public feedback during the
                transportation planning process.''; and
            (4) in subsection (p), by striking ``section 104(b)(5)'' and
        inserting ``section 104(b)(6)''.
    SEC. 30003. STATEWIDE AND NONMETROPOLITAN TRANSPORTATION PLANNING.
        (a) Technical Amendments.--Section 5304 of title 49, United States
    Code, is amended--
            (1) in subsection (e), in the matter preceding paragraph (1),
        by striking the quotation marks before ``In''; and
            (2) in subsection (i), by striking ``this this'' and inserting
        ``this''.
        (b) Use of Technology.--Section 5304(f)(3) of title 49, United
    States Code, is amended by adding at the end the following:
                ``(C) Use of technology.--A State may use social media and
            other web-based tools--
                    ``(i) to further encourage public participation; and
                    ``(ii) to solicit public feedback during the
                transportation planning process.''.
    SEC. 30004. PLANNING PROGRAMS.
        Section 5305 of title 49, United States Code, is amended--
            (1) in subsection (e)(1)(A), in the matter preceding clause
        (i), by striking ``this section and section'' and inserting ``this
        section and sections''; and
            (2) by striking subsection (f) and inserting the following:
        ``(f) Government Share of Costs.--
            ``(1) In general.--Except as provided in paragraph (2), the
        Government share of the cost of an activity funded using amounts
        made available under this section may not exceed 80 percent of the
        cost of the activity unless the Secretary determines that it is in
        the interests of the Government--
                ``(A) not to require a State or local match; or
                ``(B) to allow a Government share greater than 80 percent.
            ``(2) Certain activities.--
                ``(A) In general.--The Government share of the cost of an
            activity funded using amounts made available under this section
            shall be not less than 90 percent for an activity that assists
            parts of an urbanized area or rural area with lower population
            density or lower average income levels compared to--
                    ``(i) the applicable urbanized area;
                    ``(ii) the applicable rural area;
                    ``(iii) an adjoining urbanized area; or
                    ``(iv) an adjoining rural area.
                ``(B) Report.--A State or metropolitan planning
            organization that carries out an activity described in
            subparagraph (A) with an increased Government share described
            in that subparagraph shall report to the Secretary, in a form
            as determined by the Secretary, how the increased Government
            share for transportation planning activities benefits commuting
            and other essential travel in parts of the applicable urbanized
            area or rural area described in subparagraph (A) with lower
            population density or lower average income levels.''.
    SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.
        (a) In General.--Section 5309 of title 49, United States Code, is
    amended--
            (1) in subsection (a)--
                (A) by striking paragraph (6);
                (B) by redesignating paragraph (7) as paragraph (6); and
                (C) in paragraph (6) (as so redesignated)--
                    (i) in subparagraph (A), by striking ``$100,000,000''
                and inserting ``$150,000,000''; and
                    (ii) in subparagraph (B), by striking ``$300,000,000''
                and inserting ``$400,000,000'';
            (2) in subsection (c)(1)--
                (A) in subparagraph (A), by striking ``and'' at the end;
                (B) in subparagraph (B)(iii), by striking the period at the
            end and inserting ``; and''; and
                (C) by adding at the end the following:
                ``(C) the applicant has made progress toward meeting the
            performance targets in section 5326(c)(2).'';
            (3) in subsection (e)(2)(A)(iii)(II), by striking ``the next 5
        years'' and inserting ``the next 10 years, without regard to any
        temporary measures employed by the applicant expected to increase
        short-term capacity within the next 10 years'';
            (4) in subsection (g)--
                (A) in paragraph (3)(A), by striking ``exceed'' and all
            that follows through ``50 percent'' and inserting ``exceed 50
            percent'';
                (B) by redesignating paragraph (7) as paragraph (8); and
                (C) by inserting after paragraph (6) the following:
            ``(7) Project re-entry.--In carrying out ratings and
        evaluations under this subsection, the Secretary shall provide full
        and fair consideration to projects that seek an updated rating
        after a period of inactivity following an earlier rating and
        evaluation.'';
            (5) in subsection (i), by striking paragraphs (1) through (8)
        and inserting the following:
            ``(1) Future bundling.--
                ``(A) Definition.--In this paragraph, the term `future
            bundling request' means a letter described in subparagraph (B)
            that requests future funding for additional projects.
                ``(B) Request.--When an applicant submits a letter to the
            Secretary requesting entry of a project into the project
            development phase under subsection (d)(1)(A)(i)(I),
            (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include
            a description of other projects for consideration for future
            funding under this section. An applicant shall include in the
            request the amount of funding requested under this section for
            each additional project and the estimated capital cost of each
            project.
                ``(C) Readiness.--Other projects included in the request
            shall be ready to enter the project development phase under
            subsection (d)(1)(A), (e)(1)(A), or (h)(2)(A), within 5 years
            of the initial project submitted as part of the request.
                ``(D) Planning.--Projects in the future bundling request
            shall be included in the metropolitan transportation plan in
            accordance with section 5303(i).
                ``(E) Project sponsor.--The applicant that submits a future
            bundling request shall be the project sponsor for each project
            included in the request.
                ``(F) Program and project share.--A future bundling request
            submitted under this paragraph shall include a proposed share
            of each of the request's projects that is consistent with the
            requirements of subsections (k)(2)(C)(ii) or (h)(7), as
            applicable.
                ``(G) Benefits.--The bundling of projects under this
            subsection--
                    ``(i) shall enhance, or increase the capacity of--

                        ``(I) the total transportation system of the
                    applicant; or
                        ``(II) the transportation system of the region the
                    applicant serves (which, in the case of a State whose
                    request addresses a single region, means that region);
                    and

                    ``(ii) shall--

                        ``(I) streamline procurements for the applicant; or
                        ``(II) enable time or cost savings for the
                    projects.

                ``(H) Evaluation.--Each project submitted for consideration
            for funding in a future bundling request shall be subject to
            the applicable evaluation criteria under this section for the
            project type, including demonstrating the availability of local
            resources to recapitalize, maintain, and operate the overall
            existing and proposed public transportation system pursuant to
            subsection (f)(1)(C).
                ``(I) Letter of intent.--
                    ``(i) In general.--Upon entering into a grant agreement
                for the initial project for which an applicant submits a
                future bundling request, the Secretary may issue a letter
                of intent to the applicant that announces an intention to
                obligate, for 1 or more additional projects included in the
                request, an amount from future available budget authority
                specified in law that is not more than the amount
                stipulated as the financial participation of the Secretary
                in the additional project or projects in the future
                bundling. Such letter may include a condition that the
                project or projects must meet the evaluation criteria in
                this subsection before a grant agreement can be executed.
                    ``(ii) Amount.--The amount that the Secretary announces
                an intention to obligate for an additional project in the
                future bundling request through a letter of intent issued
                under clause (i) shall be sufficient to complete at least
                an operable segment of the project.
                    ``(iii) Treatment.--The issuance of a letter of intent
                under clause (i) shall not be deemed to be an obligation
                under sections 1108(c), 1501, and 1502(a) of title 31 or an
                administrative commitment.
            ``(2) Immediate bundling.--
                ``(A) Definition.--In this paragraph, the term `immediate
            bundling request' means a letter described in subparagraph (B)
            that requests immediate funding for multiple projects.
                ``(B) Request.--An applicant may submit a letter to the
            Secretary requesting entry of multiple projects into the
            project development phase under subsection (d)(1)(A)(i)(I),
            (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for
            funding under this section. An applicant shall include in the
            request the amount of funding requested under this section for
            each additional project and the estimated capital cost of each
            project.
                ``(C) Readiness.--Projects included in the request must be
            ready to enter the project development phase under subsection
            (d)(1)(A), (e)(1)(A), or (h)(2)(A) at the same time.
                ``(D) Planning.--Projects in the bundle shall be included
            in the metropolitan transportation plan in accordance with
            section 5303(i).
                ``(E) Project sponsor.--The applicant that submits an
            immediate bundling request shall be the project sponsor for
            each project included in the request.
                ``(F) Program and project share.--An immediate bundling
            request submitted under this subsection shall include a
            proposed share of each of the request's projects that is
            consistent with the requirements of subsections (k)(2)(C)(ii)
            or (h)(7), as applicable.
                ``(G) Benefits.--The bundling of projects under this
            subsection--
                    ``(i) shall enhance, or increase the capacity of--

                        ``(I) the total transportation system of the
                    applicant; or
                        ``(II) the transportation system of the region the
                    applicant serves (which, in the case of a State whose
                    request addresses a single region, means that region);
                    and

                    ``(ii) shall--

                        ``(I) streamline procurements for the applicant; or
                        ``(II) enable time or cost savings for the
                    projects.

                ``(H) Evaluation.--A project submitted for consideration
            for immediate funding in an immediate bundling request shall be
            subject to the applicable evaluation criteria under this
            section for the project type, including demonstrating the
            availability of local resources to recapitalize, maintain, and
            operate the overall existing and proposed public transportation
            system pursuant to subsection (f)(1)(C).
                ``(I) Letter of intent or single grant agreement.--
                    ``(i) In general.--Upon entering into a grant agreement
                for the initial project for which an applicant submits a
                request, the Secretary may issue a letter of intent or
                single, combined grant agreement to the applicant.
                    ``(ii) Letter of intent.--

                        ``(I) In general.--A letter of intent announces an
                    intention to obligate, for 1 or more additional
                    projects included in the request, an amount from future
                    available budget authority specified in law that is not
                    more than the amount stipulated as the financial
                    participation of the Secretary in the additional
                    project or projects. Such letter may include a
                    condition that the project or projects must meet the
                    evaluation criteria in this subsection before a grant
                    agreement can be executed.
                        ``(II) Amount.--The amount that the Secretary
                    announces an intention to obligate for an additional
                    project in a letter of intent issued under clause (i)
                    shall be sufficient to complete at least an operable
                    segment of the project.
                        ``(III) Treatment.--The issuance of a letter of
                    intent under clause (i) shall not be deemed to be an
                    obligation under sections 1108(c), 1501, and 1502(a) of
                    title 31 or an administrative commitment.

            ``(3) Evaluation criteria.--When the Secretary issues rules or
        policy guidance under this section, the Secretary may request
        comment from the public regarding potential changes to the
        evaluation criteria for project justification and local financial
        commitment under subsections (d), (e), (f), and (h) for the
        purposes of streamlining the evaluation process for projects
        included in a future bundling request or an immediate bundling
        request, including changes to enable simultaneous evaluation of
        multiple projects under 1 or more evaluation criteria.
        Notwithstanding paragraphs (1)(H) and (2)(H), such criteria may be
        utilized for projects included in a future bundling request or an
        immediate bundling request under this subsection upon promulgation
        of the applicable rule or policy guidance.
            ``(4) Grant agreements.--
                ``(A) New start and core capacity improvement projects.--A
            new start project or core capacity improvement project in an
            immediate bundling request or future bundling request shall be
            carried out through a full funding grant agreement or expedited
            grant agreement pursuant to subsection (k)(2).
                ``(B) Small start.--A small start project shall be carried
            out through a grant agreement pursuant to subsection (h)(7).
                ``(C) Requirement.--A combined grant agreement described in
            paragraph (2)(I)(i) shall--
                    ``(i) include only projects in an immediate future
                bundling request that are ready to receive a grant
                agreement under this section,
                    ``(ii) be carried out through a full funding grant
                agreement or expedited grant agreement pursuant to
                subsection (k)(2) for the included projects, if a project
                seeking assistance under the combined grant agreement is a
                new start project or core capacity improvement project; and
                    ``(iii) be carried out through a grant agreement
                pursuant to subsection (h)(7) for the included projects, if
                the projects seeking assistance under the combined grant
                agreement consist entirely of small start projects.
                ``(D) Savings provision.--The use of a combined grant
            agreement shall not waive or amend applicable evaluation
            criteria under this section for projects included in the
            combined grant agreement.'';
            (6) in subsection (k)--
                (A) in paragraph (2)(E)--
                    (i) by striking ``(E) Before and after study.--'' and
                all that follows through ``(I) Submission of plan.--'' and
                inserting the following: ``(E) Information collection and
                analysis plan.--
                    ``(i) Submission of plan.--'';
                    (ii) by redesignating subclause (II) of clause (i) (as
                so designated) as clause (ii), and adjusting the margin
                accordingly; and
                    (iii) in clause (ii) (as so redesignated)--

                        (I) by redesignating items (aa) through (dd) as
                    subclauses (I) through (IV), respectively, and
                    adjusting the margins accordingly; and
                        (II) in the matter preceding subclause (I) (as so
                    redesignated), by striking ``subclause (I)'' and
                    inserting ``clause (i)''; and

                (B) in paragraph (5), by striking ``At least 30'' and
            inserting ``Not later than 15'';
            (7) in subsection (o)--
                (A) by striking paragraph (2);
                (B) by redesignating paragraph (3) as paragraph (2); and
                (C) in paragraph (2) (as so redesignated)--
                    (i) in subparagraph (A)--

                        (I) in the matter preceding clause (i), by striking
                    ``of'' and inserting ``that'';
                        (II) by redesignating clauses (i) and (ii) as
                    subclauses (I) and (II), respectively, and adjusting
                    the margins accordingly;
                        (III) by inserting before subclause (I) (as so
                    redesignated), the following:

                    ``(i) assesses--'';

                        (IV) in clause (i) (as so designated)--

                            (aa) in subclause (I) (as so redesignated), by
                        striking ``new fixed guideway capital projects and
                        core capacity improvement projects'' and inserting
                        ``all new fixed guideway capital projects and core
                        capacity improvement projects for grant agreements
                        under this section and section 3005(b) of the
                        Federal Public Transportation Act of 2015 (49
                        U.S.C. 5309 note; Public Law 114-94)''; and
                            (bb) in subclause (II) (as so redesignated), by
                        striking ``and'' at the end; and

                        (V) by adding at the end the following:

                    ``(ii) includes, with respect to projects that entered
                into revenue service since the previous biennial review--

                        ``(I) a description and analysis of the impacts of
                    the projects on public transportation services and
                    public transportation ridership;
                        ``(II) a description and analysis of the
                    consistency of predicted and actual benefits and costs
                    of the innovative project development and delivery
                    methods of, or innovative financing for, the projects;
                    and
                        ``(III) an identification of the reasons for any
                    differences between predicted and actual outcomes for
                    the projects; and

                    ``(iii) in conducting the review under clause (ii),
                incorporates information from the plans submitted by
                applicants under subsection (k)(2)(E)(i); and''; and
                    (ii) in subparagraph (B), by striking ``each year'' and
                inserting ``the applicable year''; and
            (8) by adding at the end the following:
        ``(r) Capital Investment Grant Dashboard.--
            ``(1) In general.--The Secretary shall make publicly available
        in an easily identifiable location on the website of the Department
        of Transportation a dashboard containing the following information
        for each project seeking a grant agreement under this section:
                ``(A) Project name.
                ``(B) Project sponsor.
                ``(C) City or urbanized area and State in which the project
            will be located.
                ``(D) Project type.
                ``(E) Project mode.
                ``(F) Project length and number of stops, including length
            of exclusive bus rapid transit lanes, if applicable.
                ``(G) Anticipated total project cost.
                ``(H) Anticipated share of project costs to be sought under
            this section.
                ``(I) Date of compliance with the National Environmental
            Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                ``(J) Date on which the project entered the project
            development phase.
                ``(K) Date on which the project entered the engineering
            phase, if applicable.
                ``(L) Date on which a Letter of No Prejudice was requested,
            and date on which a Letter of No Prejudice was issued or
            denied, if applicable.
                ``(M) Date of the applicant's most recent project ratings,
            including date of request for updated ratings, if applicable.
                ``(N) Status of the project sponsor in securing non-Federal
            matching funds.
                ``(O) Date on which a project grant agreement is
            anticipated to be executed.
            ``(2) Updates.--The Secretary shall update the information
        provided under paragraph (1) not less frequently than monthly.
            ``(3) Project profiles.--The Secretary shall continue to make
        profiles for projects that have applied for or are receiving
        assistance under this section publicly available in an easily
        identifiable location on the website of the Department of
        Transportation, in the same manner as the Secretary did as of the
        day before the date of enactment of this subsection.''.
        (b) Expedited Project Delivery for Capital Investment Grants Pilot
    Program.--Section 3005(b) of the Federal Public Transportation Act of
    2015 (49 U.S.C. 5309 note; Public Law 114-94) is amended--
            (1) in paragraph (1)(I)--
                (A) in clause (i), by striking ``$75,000,000'' and
            inserting ``$150,000,000''; and
                (B) in clause (ii), by striking ``$300,000,000'' and
            inserting ``$400,000,000'';
            (2) in paragraph (8)(D)(i), by striking ``30 days'' and
        inserting ``15 days'';
            (3) by striking paragraph (12); and
            (4) by redesignating paragraph (13) as paragraph (12).
    SEC. 30006. FORMULA GRANTS FOR RURAL AREAS.
        Section 5311 of title 49, United States Code, is amended--
            (1) in subsection (c)--
                (A) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively;
                (B) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Of the amounts made available or
        appropriated for each fiscal year pursuant to section 5338(a)(2)(F)
        to carry out this section--
                ``(A) an amount equal to 5 percent shall be available to
            carry out paragraph (2); and
                ``(B) 3 percent shall be available to carry out paragraph
            (3).
            ``(2) Public transportation on indian reservations.--For each
        fiscal year, the amounts made available under paragraph (1)(A)
        shall be apportioned for grants to Indian tribes for any purpose
        eligible under this section, under such terms and conditions as may
        be established by the Secretary, of which--
                ``(A) 20 percent shall be distributed by the Secretary on a
            competitive basis; and
                ``(B) 80 percent shall be apportioned as formula grants as
            provided in subsection (j).''; and
            (2) in subsection (j)(1)(A), in the matter preceding clause
        (i), by striking ``subsection (c)(1)(B)'' and inserting
        ``subsection (c)(2)(B)''.
    SEC. 30007. PUBLIC TRANSPORTATION INNOVATION.
        (a) In General.--Section 5312 of title 49, United States Code, is
    amended--
            (1) by striking the first subsection designated as subsection
        (g), relating to annual reports on research, as so designated by
        section 3008(a)(6)(A) of the FAST Act (Public Law 114-94; 129 Stat.
        1468) and inserting the following:
        ``(f) Annual Report on Research.--
            ``(1) In general.--Not later than the first Monday in February
        of each year, the Secretary shall make available to the public on
        the Web site of the Department of Transportation, a report that
        includes--
                ``(A) a description of each project that received
            assistance under this section during the preceding fiscal year;
                ``(B) an evaluation of each project described in paragraph
            (1), including any evaluation conducted under subsection (e)(4)
            for the preceding fiscal year; and
                ``(C) a strategic research roadmap proposal for allocations
            of amounts for assistance under this section for the current
            and subsequent fiscal year, including anticipated work areas,
            proposed demonstrations and strategic partnership
            opportunities;
            ``(2) Updates.--Not less than every 3 months, the Secretary
        shall update on the Web site of the Department of Transportation
        the information described in paragraph (1)(C) to reflect any
        changes to the Secretary's plans to make assistance available under
        this section.
            ``(3) Long-term research plans.--The Secretary is encouraged to
        develop long-term research plans and shall identify in the annual
        report under paragraph (1) and in updates under paragraph (2)
        allocations of amounts for assistance and notices of funding
        opportunities to execute long-term strategic research roadmap
        plans.'';
            (2) in paragraph (1) of subsection (g), relating to Government
        share of costs, by striking the period at the end and inserting ``,
        except that if there is substantial public interest or benefit, the
        Secretary may approve a greater Federal share.''; and
            (3) in subsection (h)--
                (A) in paragraph (2)--
                    (i) by striking subparagraph (A) and inserting the
                following:
                ``(A) In general.--The Secretary shall competitively select
            at least 1 facility--
                    ``(i) to conduct testing, evaluation, and analysis of
                low or no emission vehicle components intended for use in
                low or no emission vehicles; and
                    ``(ii) to conduct directed technology research.'';
                    (ii) by striking subparagraph (B) and inserting the
                following:
                ``(B) Testing, evaluation, and analysis.--
                    ``(i) In general.--The Secretary shall enter into a
                contract or cooperative agreement with, or make a grant to,
                at least 1 institution of higher education to operate and
                maintain a facility to conduct testing, evaluation, and
                analysis of low or no emission vehicle components, and new
                and emerging technology components, intended for use in low
                or no emission vehicles.
                    ``(ii) Requirements.--An institution of higher
                education described in clause (i) shall have--

                        ``(I) capacity to carry out transportation-related
                    advanced component and vehicle evaluation;
                        ``(II) laboratories capable of testing and
                    evaluation; and
                        ``(III) direct access to or a partnership with a
                    testing facility capable of emulating real-world
                    circumstances in order to test low or no emission
                    vehicle components installed on the intended
                    vehicle.''; and

                    (iii) by adding at the end the following:
                ``(H) Capital equipment and directed research.--A facility
            operated and maintained under subparagraph (A) may use funds
            made available under this subsection for--
                    ``(i) acquisition of equipment and capital projects
                related to testing low or no emission vehicle components;
                or
                    ``(ii) research related to advanced vehicle
                technologies that provides advancements to the entire
                public transportation industry.
                ``(I) Cost share.--The cost share for activities described
            in subparagraph (H) shall be subject to the terms in subsection
            (g).''; and
                (B) in paragraph (3), by inserting ``, as applicable''
            before the period at the end.
        (b) Low or No Emission Vehicle Component Assessment.--
            (1) In general.--Institutions of higher education selected to
        operate and maintain a facility to conduct testing, evaluation, and
        analysis of low or no emission vehicle components pursuant to
        section 5312(h) of title 49, United States Code, shall not carry
        out testing for a new bus model under section 5318 of that title.
            (2) Use of funds.--Funds made available to institutions of
        higher education described in paragraph (1) for testing under
        section 5318 of title 49, United States Code, may be used for
        eligible activities under section 5312(h) of that title.
        (c) Accelerated Implementation and Deployment of Advanced Digital
    Construction Management Systems.--Section 5312(b) of title 49, United
    States Code, is amended by adding at the end the following:
            ``(4) Accelerated implementation and deployment of advanced
        digital construction management systems.--
                ``(A) In general.--The Secretary shall establish and
            implement a program under this subsection to promote,
            implement, deploy, demonstrate, showcase, support, and document
            the application of advanced digital construction management
            systems, practices, performance, and benefits.
                ``(B) Goals.--The goals of the accelerated implementation
            and deployment of advanced digital construction management
            systems program established under subparagraph (A) shall
            include--
                    ``(i) accelerated adoption of advanced digital systems
                applied throughout the lifecycle of transportation
                infrastructure (including through the planning, design and
                engineering, construction, operations, and maintenance
                phases) that--

                        ``(I) maximize interoperability with other systems,
                    products, tools, or applications;
                        ``(II) boost productivity;
                        ``(III) manage complexity;
                        ``(IV) reduce project delays and cost overruns;
                        ``(V) enhance safety and quality; and
                        ``(VI) reduce total costs for the entire lifecycle
                    of transportation infrastructure assets;

                    ``(ii) more timely and productive information-sharing
                among stakeholders through reduced reliance on paper to
                manage construction processes and deliverables such as
                blueprints, design drawings, procurement and supply-chain
                orders, equipment logs, daily progress reports, and punch
                lists;
                    ``(iii) deployment of digital management systems that
                enable and leverage the use of digital technologies on
                construction sites by contractors, such as state-of-the-art
                automated and connected machinery and optimized routing
                software that allows construction workers to perform tasks
                faster, safer, more accurately, and with minimal
                supervision;
                    ``(iv) the development and deployment of best practices
                for use in digital construction management;
                    ``(v) increased technology adoption and deployment by
                States, local governmental authorities, and designated
                recipients that enables project sponsors--

                        ``(I) to integrate the adoption of digital
                    management systems and technologies in contracts; and
                        ``(II) to weigh the cost of digitization and
                    technology in setting project budgets;

                    ``(vi) technology training and workforce development to
                build the capabilities of project managers and sponsors
                that enables States, local governmental authorities, or
                designated recipients--

                        ``(I) to better manage projects using advanced
                    construction management technologies; and
                        ``(II) to properly measure and reward technology
                    adoption across projects;

                    ``(vii) development of guidance to assist States, local
                governmental authorities, and designated recipients in
                updating regulations to allow project sponsors and
                contractors--

                        ``(I) to report data relating to the project in
                    digital formats; and
                        ``(II) to fully capture the efficiencies and
                    benefits of advanced digital construction management
                    systems and related technologies;

                    ``(viii) reduction in the environmental footprint of
                construction projects using advanced digital construction
                management systems resulting from elimination of congestion
                through more efficient projects; and
                    ``(ix) enhanced worker and pedestrian safety resulting
                from increased transparency.
                ``(C) Publication.--The reporting requirements for the
            accelerated implementation and deployment of advanced digital
            construction management systems program established under
            section 503(c)(5) of title 23 shall include data and analysis
            collected under this section.''.
    SEC. 30008. BUS TESTING FACILITIES.
        Section 5318 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(f) Capital Equipment.--A facility operated and maintained under
    this section may use funds made available under this section for the
    acquisition of equipment and capital projects related to testing new
    bus models.''.
    SEC. 30009. TRANSIT-ORIENTED DEVELOPMENT.
        Section 20005(b) of MAP-21 (49 U.S.C. 5303 note; Public Law 112-
    141) is amended--
            (1) in paragraph (2), in the matter preceding subparagraph (A),
        by inserting ``or site-specific'' after ``comprehensive''; and
            (2) in paragraph (3)--
                (A) in subparagraph (B), by inserting ``or a site-specific
            plan'' after ``comprehensive plan'';
                (B) in subparagraph (C), by inserting ``or the proposed
            site-specific plan'' after ``proposed comprehensive plan'';
                (C) in subparagraph (D), by inserting ``or the site-
            specific plan'' after ``comprehensive plan''; and
                (D) in subparagraph (E)(iii), by inserting ``or the site-
            specific plan'' after ``comprehensive plan''.
    SEC. 30010. GENERAL PROVISIONS.
        Section 5323(u) of title 49, United States Code, is amended by
    striking paragraph (2) and inserting the following:
            ``(2) Exception.--For purposes of paragraph (1), the term
        `otherwise related legally or financially' does not include--
                ``(A) a minority relationship or investment; or
                ``(B) relationship with or investment in a subsidiary,
            joint venture, or other entity based in a country described in
            paragraph (1)(B) that does not export rolling stock or
            components of rolling stock for use in the United States.''.
    SEC. 30011. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM.
        Section 5324 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(f) Insurance.--Before receiving a grant under this section
    following an emergency, an applicant shall--
            ``(1) submit to the Secretary documentation demonstrating proof
        of insurance required under Federal law for all structures related
        to the grant application; and
            ``(2) certify to the Secretary that the applicant has insurance
        required under State law for all structures related to the grant
        application.''.
    SEC. 30012. PUBLIC TRANSPORTATION SAFETY PROGRAM.
        (a) In General.--Section 5329 of title 49, United States Code, is
    amended--
            (1) in subsection (b)--
                (A) in paragraph (2)--
                    (i) in subparagraph (A), by inserting ``, or, in the
                case of a recipient receiving assistance under section 5307
                that is serving an urbanized area with a population of
                200,000 or more, safety performance measures, including
                measures related to the risk reduction program under
                subsection (d)(1)(I), for all modes of public
                transportation'' after ``public transportation'';
                    (ii) in subparagraph (C)(ii)--

                        (I) in subclause (I), by striking ``and'' at the
                    end;
                        (II) in subclause (II), by adding ``and'' at the
                    end; and
                        (III) by adding at the end the following:
                        ``(III) innovations in driver assistance
                    technologies and driver protection infrastructure,
                    where appropriate, and a reduction in visibility
                    impairments that contribute to pedestrian
                    fatalities;'';

                    (iii) in subparagraph (D)(ii)(V), by striking ``and''
                at the end;
                    (iv) in subparagraph (E), by striking the period at the
                end and inserting ``; and'';
                    (v) by redesignating subparagraphs (D) and (E) as
                subparagraphs (E) and (F), respectively;
                    (vi) by inserting after subparagraph (C) the following:
                ``(D) in consultation with the Secretary of Health and
            Human Services, precautionary and reactive actions required to
            ensure public and personnel safety and health during an
            emergency (as defined in section 5324(a));''; and
                    (vii) by adding at the end the following:
                ``(G) consideration, where appropriate, of performance-
            based and risk-based methodologies.''; and
                (B) by adding at the end the following:
            ``(3) Plan updates.--The Secretary shall update the national
        public transportation safety plan under paragraph (1) as necessary
        with respect to recipients receiving assistance under section 5307
        that serve an urbanized area with a population of 200,000 or
        more.'';
            (2) in subsection (c)--
                (A) by striking paragraph (2); and
                (B) by striking the subsection designation and heading and
            all that follows through ``The Secretary'' in paragraph (1) and
            inserting the following:
        ``(c) Public Transportation Safety Certification Training
    Program.--The Secretary'';
            (3) in subsection (d)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``Effective 1 year'' and all that follows through
                ``each recipient'' and inserting ``Each recipient'';
                    (ii) in subparagraph (A), by inserting ``, or, in the
                case of a recipient receiving assistance under section 5307
                that is serving an urbanized area with a population of
                200,000 or more, the safety committee of the entity
                established under paragraph (5), followed by the board of
                directors (or equivalent entity) of the recipient
                approve,'' after ``approve'';
                    (iii) by redesignating subparagraphs (B) through (G) as
                subparagraphs (C) through (H), respectively;
                    (iv) by inserting after subparagraph (A) the following:
                ``(B) for each recipient serving an urbanized area with a
            population of fewer than 200,000, a requirement that the agency
            safety plan be developed in cooperation with frontline employee
            representatives;'';
                    (v) in subparagraph (D) (as so redesignated), by
                inserting ``, and consistent with guidelines of the Centers
                for Disease Control and Prevention or a State health
                authority, minimize exposure to infectious diseases'' after
                ``public, personnel, and property to hazards and unsafe
                conditions'';
                    (vi) by striking subparagraph (F) (as so redesignated)
                and inserting the following:
                ``(F) performance targets based on--
                    ``(i) the safety performance criteria and state of good
                repair standards established under subparagraphs (A) and
                (B), respectively, of subsection (b)(2); or
                    ``(ii) in the case of a recipient receiving assistance
                under section 5307 that is serving an urbanized area with a
                population of 200,000 or more, safety performance measures
                established under the national public transportation safety
                plan, as described in subsection (b)(2)(A);'';
                    (vii) in subparagraph (G) (as so redesignated), by
                striking ``and'' at the end; and
                    (viii) by striking subparagraph (H) (as so
                redesignated) and inserting the following:
                ``(H) a comprehensive staff training program for--
                    ``(i) the operations personnel and personnel directly
                responsible for safety of the recipient that includes--

                        ``(I) the completion of a safety training program;
                    and
                        ``(II) continuing safety education and training; or

                    ``(ii) in the case of a recipient receiving assistance
                under section 5307 that is serving an urbanized area with a
                population of 200,000 or more, the operations and
                maintenance personnel and personnel directly responsible
                for safety of the recipient that includes--

                        ``(I) the completion of a safety training program;
                        ``(II) continuing safety education and training;
                    and
                        ``(III) de-escalation training; and

                ``(I) in the case of a recipient receiving assistance under
            section 5307 that is serving an urbanized area with a
            population of 200,000 or more, a risk reduction program for
            transit operations to improve safety by reducing the number and
            rates of accidents, injuries, and assaults on transit workers
            based on data submitted to the national transit database under
            section 5335, including--
                    ``(i) a reduction of vehicular and pedestrian accidents
                involving buses that includes measures to reduce visibility
                impairments for bus operators that contribute to accidents,
                including retrofits to buses in revenue service and
                specifications for future procurements that reduce
                visibility impairments; and
                    ``(ii) the mitigation of assaults on transit workers,
                including the deployment of assault mitigation
                infrastructure and technology on buses, including barriers
                to restrict the unwanted entry of individuals and objects
                into the workstations of bus operators when a risk analysis
                performed by the safety committee of the recipient
                established under paragraph (5) determines that such
                barriers or other measures would reduce assaults on transit
                workers and injuries to transit workers.''; and
                (B) by adding at the end the following:
            ``(4) Risk reduction performance targets.--
                ``(A) In general.--The safety committee of a recipient
            receiving assistance under section 5307 that is serving an
            urbanized area with a population of 200,000 or more established
            under paragraph (5) shall establish performance targets for the
            risk reduction program required under paragraph (1)(I) using a
            3-year rolling average of the data submitted by the recipient
            to the national transit database under section 5335.
                ``(B) Safety set aside.--A recipient receiving assistance
            under section 5307 that is serving an urbanized area with a
            population of 200,000 or more shall allocate not less than 0.75
            percent of those funds to safety-related projects eligible
            under section 5307.
                ``(C) Failure to meet performance targets.--A recipient
            receiving assistance under section 5307 that is serving an
            urbanized area with a population of 200,000 or more that does
            not meet the performance targets established under subparagraph
            (A) shall allocate the amount made available in subparagraph
            (B) in the following fiscal year to projects described in
            subparagraph (D).
                ``(D) Eligible projects.--Funds set aside under
            subparagraph (C) shall be used for projects that are reasonably
            likely to assist the recipient in meeting the performance
            targets established in subparagraph (A), including
            modifications to rolling stock and de-escalation training.
            ``(5) Safety committee.--
                ``(A) In general.--For purposes of this subsection, the
            safety committee of a recipient shall--
                    ``(i) be convened by a joint labor-management process;
                    ``(ii) consist of an equal number of--

                        ``(I) frontline employee representatives, selected
                    by a labor organization representing the plurality of
                    the frontline workforce employed by the recipient or,
                    if applicable, a contractor to the recipient, to the
                    extent frontline employees are represented by labor
                    organizations; and
                        ``(II) management representatives; and

                    ``(iii) have, at a minimum, responsibility for--

                        ``(I) identifying and recommending risk-based
                    mitigations or strategies necessary to reduce the
                    likelihood and severity of consequences identified
                    through the agency's safety risk assessment;
                        ``(II) identifying mitigations or strategies that
                    may be ineffective, inappropriate, or were not
                    implemented as intended; and
                        ``(III) identifying safety deficiencies for
                    purposes of continuous improvement.

                ``(B) Applicability.--This paragraph applies only to a
            recipient receiving assistance under section 5307 that is
            serving an urbanized area with a population of 200,000 or
            more.'';
            (4) in subsection (e)--
                (A) in paragraph (4)(A)(v), by inserting ``, inspection,''
            after ``investigative''; and
                (B) by adding at the end the following:
            ``(11) Effectiveness of enforcement authorities and
        practices.--The Secretary shall develop and disseminate to State
        safety oversight agencies the process and methodology that the
        Secretary will use to monitor the effectiveness of the enforcement
        authorities and practices of State safety oversight agencies.'';
        and
            (5) by striking subsection (k) and inserting the following:
        ``(k) Inspections.--
            ``(1) Inspection access.--
                ``(A) In general.--A State safety oversight program shall
            provide the State safety oversight agency established by the
            program with the authority and capability to enter the
            facilities of each rail fixed guideway public transportation
            system that the State safety oversight agency oversees to
            inspect infrastructure, equipment, records, personnel, and
            data, including the data that the rail fixed guideway public
            transportation agency collects when identifying and evaluating
            safety risks.
                ``(B) Policies and procedures.--A State safety oversight
            agency, in consultation with each rail fixed guideway public
            transportation agency that the State safety oversight agency
            oversees, shall establish policies and procedures regarding the
            access of the State safety oversight agency to conduct
            inspections of the rail fixed guideway public transportation
            system, including access for inspections that occur without
            advance notice to the rail fixed guideway public transportation
            agency.
            ``(2) Data collection.--
                ``(A) In general.--A rail fixed guideway public
            transportation agency shall provide the applicable State safety
            oversight agency with the data that the rail fixed guideway
            public transportation agency collects when identifying and
            evaluating safety risks, in accordance with subparagraph (B).
                ``(B) Policies and procedures.--A State safety oversight
            agency, in consultation with each rail fixed guideway public
            transportation agency that the State safety oversight agency
            oversees, shall establish policies and procedures for
            collecting data described in subparagraph (A) from a rail fixed
            guideway public transportation agency, including with respect
            to frequency of collection, that is commensurate with the size
            and complexity of the rail fixed guideway public transportation
            system.
            ``(3) Incorporation.--Policies and procedures established under
        this subsection shall be incorporated into--
                ``(A) the State safety oversight program standard adopted
            by a State safety oversight agency under section 674.27 of
            title 49, Code of Federal Regulations (or any successor
            regulation); and
                ``(B) the public transportation agency safety plan
            established by a rail fixed guideway public transportation
            agency under subsection (d).
            ``(4) Assessment by secretary.--In assessing the capability of
        a State safety oversight agency to conduct inspections as required
        under paragraph (1), the Secretary shall ensure that--
                ``(A) the inspection practices of the State safety
            oversight agency are commensurate with the number, size, and
            complexity of the rail fixed guideway public transportation
            systems that the State safety oversight agency oversees;
                ``(B) the inspection program of the State safety oversight
            agency is risk-based; and
                ``(C) the State safety oversight agency has sufficient
            resources to conduct the inspections.
            ``(5) Special directive.--The Secretary shall issue a special
        directive to each State safety oversight agency on the development
        and implementation of risk-based inspection programs under this
        subsection.
            ``(6) Enforcement.--The Secretary may use any authority under
        this section, including any enforcement action authorized under
        subsection (g), to ensure the compliance of a State safety
        oversight agency or State safety oversight program with this
        subsection.''.
        (b) Deadline; Effective Date.--
            (1) Special directive on risk-based inspection programs.--Not
        later than 1 year after the date of enactment of this Act, the
        Secretary of Transportation shall issue each special directive
        required under section 5329(k)(5) of title 49, United States Code
        (as added by subsection (a)).
            (2) Inspection requirements.--Section 5329(k) of title 49,
        United States Code (as amended by subsection (a)), shall apply with
        respect to a State safety oversight agency on and after the date
        that is 2 years after the date on which the Secretary of
        Transportation issues the special directive to the State safety
        oversight agency under paragraph (5) of that section 5329(k).
        (c) No Effect on Initial Certification Process.--Nothing in this
    section or the amendments made by this section affects the requirements
    for initial approval of a State safety oversight program, including the
    initial deadline, under section 5329(e)(3) of title 49, United States
    Code.
    SEC. 30013. ADMINISTRATIVE PROVISIONS.
        Section 5334(h)(4) of title 49, United States Code, is amended--
            (1) by redesignating subparagraphs (B) and (C) as subparagraphs
        (C) and (D), respectively; and
            (2) by inserting after subparagraph (A) the following:
                ``(B) Reimbursement.--
                    ``(i) Fair market value of less than $5,000.--With
                respect to rolling stock and equipment with a unit fair
                market value of $5,000 or less per unit and unused supplies
                with a total aggregate fair market value of $5,000 or less
                that was purchased using Federal financial assistance under
                this chapter, the rolling stock, equipment, and supplies
                may be retained, sold, or otherwise disposed of at the end
                of the service life of the rolling stock, equipment, or
                supplies without any obligation to reimburse the Federal
                Transit Administration.
                    ``(ii) Fair market value of more than $5,000.--

                        ``(I) In general.--With respect to rolling stock
                    and equipment with a unit fair market value of more
                    than $5,000 per unit and unused supplies with a total
                    aggregate fair market value of more than $5,000 that
                    was purchased using Federal financial assistance under
                    this chapter, the rolling stock, equipment, and
                    supplies may be retained or sold at the end of the
                    service life of the rolling stock, equipment, or
                    supplies.
                        ``(II) Reimbursement required.--If rolling stock,
                    equipment, or supplies described in subclause (I) is
                    sold, of the proceeds from the sale--

                            ``(aa) the recipient shall retain an amount
                        equal to the sum of--
                                ``(AA) $5,000; and
                                ``(BB) of the remaining proceeds, a
                            percentage of the amount equal to the non-
                            Federal share expended by the recipient in
                            making the original purchase; and
                            ``(bb) any amounts remaining after application
                        of item (aa) shall be returned to the Federal
                        Transit Administration.
                    ``(iii) Rolling stock and equipment retained.--Rolling
                stock, equipment, or supplies described in clause (i) or
                (ii) that is retained by a recipient under those clauses
                may be used by the recipient for other public
                transportation projects or programs with no obligation to
                reimburse the Federal Transit Administration, and no
                approval of the Secretary to retain that rolling stock,
                equipment, or supplies is required.''.
    SEC. 30014. NATIONAL TRANSIT DATABASE.
        Section 5335 of title 49, United States Code, is amended--
            (1) in subsection (a), in the first sentence, by inserting
        ``geographic service area coverage,'' after ``operating,''; and
            (2) by striking subsection (c) and inserting the following:
        ``(c) Data Required to Be Reported.--Each recipient of a grant
    under this chapter shall report to the Secretary, for inclusion in the
    national transit database under this section--
            ``(1) any information relating to a transit asset inventory or
        condition assessment conducted by the recipient;
            ``(2) any data on assaults on transit workers of the
        recipients; and
            ``(3) any data on fatalities that result from an impact with a
        bus.''.
    SEC. 30015. APPORTIONMENT OF APPROPRIATIONS FOR FORMULA GRANTS.
        (a) Small Urbanized Areas.--Section 5336(h)(3) of title 49, United
    States Code, is amended by striking ``paragraphs (1) and (2)'' and all
    that follows through ``2 percent'' in subparagraph (B) and inserting
    ``paragraphs (1) and (2), 3 percent''.
        (b) Funding for State Safety Oversight Program Grants.--
            (1) In general.--Section 5336(h)(4) of title 49, United States
        Code, is amended by striking ``0.5 percent'' and inserting ``0.75
        percent''.
            (2) Applicability.--The amendment made by paragraph (1) shall
        apply with respect to fiscal year 2022 and each fiscal year
        thereafter.
    SEC. 30016. STATE OF GOOD REPAIR GRANTS.
        Section 5337 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(f) Competitive Grants for Rail Vehicle Replacement.--
            ``(1) In general.--The Secretary may make grants under this
        subsection to assist State and local governmental authorities in
        financing capital projects for the replacement of rail rolling
        stock.
            ``(2) Grant requirements.--Except as otherwise provided in this
        subsection, a grant under this subsection shall be subject to the
        same terms and conditions as a grant under subsection (b).
            ``(3) Competitive process.--The Secretary shall solicit grant
        applications and make not more than 3 new awards to eligible
        projects under this subsection on a competitive basis each fiscal
        year.
            ``(4) Consideration.--In awarding grants under this subsection,
        the Secretary shall consider--
                ``(A) the size of the rail system of the applicant;
                ``(B) the amount of funds available to the applicant under
            this subsection;
                ``(C) the age and condition of the rail rolling stock of
            the applicant that has exceeded or will exceed the useful
            service life of the rail rolling stock in the 5-year period
            following the grant; and
                ``(D) whether the applicant has identified replacement of
            the rail vehicles as a priority in the investment
            prioritization portion of the transit asset management plan of
            the recipient pursuant to part 625 of title 49, Code of Federal
            Regulations (or successor regulations).
            ``(5) Maximum share of competitive grant assistance.--The
        amount of grant assistance provided by the Secretary under this
        subsection, as a share of eligible project costs, shall be not more
        than 50 percent.
            ``(6) Government share of cost.--The Government share of the
        cost of an eligible project carried out under this subsection shall
        not exceed 80 percent.
            ``(7) Multi-year grant agreements.--
                ``(A) In general.--An eligible project for which a grant is
            provided under this subsection may be carried out through a
            multi-year grant agreement in accordance with this paragraph.
                ``(B) Requirements.--A multi-year grant agreement under
            this paragraph shall--
                    ``(i) establish the terms of participation by the
                Federal Government in the project; and
                    ``(ii) establish the maximum amount of Federal
                financial assistance for the project that may be provided
                through grant payments to be provided in not more than 3
                consecutive fiscal years.
                ``(C) Financial rules.--A multi-year grant agreement under
            this paragraph--
                    ``(i) shall obligate an amount of available budget
                authority specified in law; and
                    ``(ii) may include a commitment, contingent on amounts
                to be specified in law in advance for commitments under
                this paragraph, to obligate an additional amount from
                future available budget authority specified in law.
                ``(D) Statement of contingent commitment.--A multi-year
            agreement under this paragraph shall state that the contingent
            commitment is not an obligation of the Federal Government.''.
    SEC. 30017. AUTHORIZATIONS.
        Section 5338 of title 49, United States Code, is amended to read as
    follows:
    ``Sec. 5338. Authorizations
        ``(a) Grants.--
            ``(1) In general.--There shall be available from the Mass
        Transit Account of the Highway Trust Fund to carry out sections
        5305, 5307, 5310, 5311, 5312, 5314, 5318, 5335, 5337, 5339, and
        5340, section 20005(b) of the Federal Public Transportation Act of
        2012 (49 U.S.C. 5303 note; Public Law 112-141), and section 3006(b)
        of the Federal Public Transportation Act of 2015 (49 U.S.C. 5310
        note; Public Law 114-94)--
                ``(A) $13,355,000,000 for fiscal year 2022;
                ``(B) $13,634,000,000 for fiscal year 2023;
                ``(C) $13,990,000,000 for fiscal year 2024;
                ``(D) $14,279,000,000 for fiscal year 2025; and
                ``(E) $14,642,000,000 for fiscal year 2026.
            ``(2) Allocation of funds.--Of the amounts made available under
        paragraph (1)--
                ``(A) $184,647,343 for fiscal year 2022, $188,504,820 for
            fiscal year 2023, $193,426,906 for fiscal year 2024,
            $197,422,644 for fiscal year 2025, and $202,441,512 for fiscal
            year 2026 shall be available to carry out section 5305;
                ``(B) $13,157,184 for fiscal year 2022, $13,432,051 for
            fiscal year 2023, $13,782,778 for fiscal year 2024, $14,067,497
            for fiscal year 2025, and $14,425,121 for fiscal year 2026
            shall be available to carry out section 20005(b) of the Federal
            Public Transportation Act of 2012 (49 U.S.C. 5303 note; Public
            Law 112-141);
                ``(C) $6,408,288,249 for fiscal year 2022, $6,542,164,133
            for fiscal year 2023, $6,712,987,840 for fiscal year 2024,
            $6,851,662,142 for fiscal year 2025, and $7,025,844,743 for
            fiscal year 2026 shall be allocated in accordance with section
            5336 to provide financial assistance for urbanized areas under
            section 5307;
                ``(D) $371,247,094 for fiscal year 2022, $379,002,836 for
            fiscal year 2023, $388,899,052 for fiscal year 2024,
            $396,932,778 for fiscal year 2025, and $407,023,583 for fiscal
            year 2026 shall be available to provide financial assistance
            for services for the enhanced mobility of seniors and
            individuals with disabilities under section 5310;
                ``(E) $4,605,014 for fiscal year 2022, $4,701,218 for
            fiscal year 2023, $4,823,972 for fiscal year 2024, $4,923,624
            for fiscal year 2025, and $5,048,792 for fiscal year 2026 shall
            be available for the pilot program for innovative coordinated
            access and mobility under section 3006(b) of the Federal Public
            Transportation Act of 2015 (49 U.S.C. 5310 note; Public Law
            114-94);
                ``(F) $875,289,555 for fiscal year 2022, $893,575,275 for
            fiscal year 2023, $916,907,591 for fiscal year 2024,
            $935,848,712 for fiscal year 2025, and $959,639,810 for fiscal
            year 2026 shall be available to provide financial assistance
            for rural areas under section 5311;
                ``(G) $36,840,115 for fiscal year 2022, $37,609,743 for
            fiscal year 2023, $38,591,779 for fiscal year 2024, $39,388,993
            for fiscal year 2025, and $40,390,337 for fiscal year 2026
            shall be available to carry out section 5312, of which--
                    ``(i) $5,000,000 for fiscal year 2022, $5,104,455 for
                fiscal year 2023, $5,237,739 for fiscal year 2024,
                $5,345,938 for fiscal year 2025, and $5,481,842 for fiscal
                year 2026 shall be available to carry out section 5312(h);
                and
                    ``(ii) $6,578,592 for fiscal year 2022, $6,716,026 for
                fiscal year 2023, $6,891,389 for fiscal year 2024,
                $7,033,749 for fiscal year 2025, and $7,212,560 for fiscal
                year 2026 shall be available to carry out section 5312(i);
                ``(H) $11,841,465 for fiscal year 2022, $12,088,846 for
            fiscal year 2023, $12,404,500 for fiscal year 2024, $12,660,748
            for fiscal year 2025, and $12,982,608 for fiscal year 2026
            shall be available to carry out section 5314, of which
            $6,578,592 for fiscal year 2022, $6,716,026 for fiscal year
            2023, $6,891,389 for fiscal year 2024, $7,033,749 for fiscal
            year 2025, and $7,212,560 for fiscal year 2026 shall be
            available for the national transit institute under section
            5314(c);
                ``(I) $5,000,000 for fiscal year 2022, $5,104,455 for
            fiscal year 2023, $5,237,739 for fiscal year 2024, $5,345,938
            for fiscal year 2025, and $5,481,842 for fiscal year 2026 shall
            be available for bus testing under section 5318;
                ``(J) $131,000,000 for fiscal year 2022, $134,930,000 for
            fiscal year 2023, $138,977,900 for fiscal year 2024,
            $143,147,237 for fiscal year 2025, and $147,441,654 for fiscal
            year 2026 shall be available to carry out section 5334;
                ``(K) $5,262,874 for fiscal year 2022, $5,372,820 for
            fiscal year 2023, $5,513,111 for fiscal year 2024, $5,626,999
            for fiscal year 2025, and $5,770,048 for fiscal year 2026 shall
            be available to carry out section 5335;
                ``(L) $3,515,528,226 for fiscal year 2022, $3,587,778,037
            for fiscal year 2023, $3,680,934,484 for fiscal year 2024,
            $3,755,675,417 for fiscal year 2025, and $3,850,496,668 for
            fiscal year 2026 shall be available to carry out section 5337,
            of which $300,000,000 for each of fiscal years 2022 through
            2026 shall be available to carry out section 5337(f);
                ``(M) $603,992,657 for fiscal year 2022, $616,610,699 for
            fiscal year 2023, $632,711,140 for fiscal year 2024,
            $645,781,441 for fiscal year 2025, and $662,198,464 for fiscal
            year 2026 shall be available for the bus and buses facilities
            program under section 5339(a);
                ``(N) $447,257,433 for fiscal year 2022, $456,601,111 for
            fiscal year 2023, $468,523,511 for fiscal year 2024,
            $478,202,088 for fiscal year 2025, and $490,358,916 for fiscal
            year 2026 shall be available for buses and bus facilities
            competitive grants under section 5339(b) and no or low emission
            grants under section 5339(c), of which $71,561,189 for fiscal
            year 2022, $73,056,178 for fiscal year 2023, $74,963,762 for
            fiscal year 2024, $76,512,334 for fiscal year 2025, and
            $78,457,427 for fiscal year 2026 shall be available to carry
            out section 5339(c); and
                ``(O) $741,042,792 for fiscal year 2022, $756,523,956 for
            fiscal year 2023, $776,277,698 for fiscal year 2024,
            $792,313,742 for fiscal year 2025, and $812,455,901 for fiscal
            year 2026, to carry out section 5340 to provide financial
            assistance for urbanized areas under section 5307 and rural
            areas under section 5311, of which--
                    ``(i) $392,752,680 for fiscal year 2022, $400,957,696
                for fiscal year 2023, $411,427,180 for fiscal year 2024,
                $419,926,283 for fiscal year 2025, and $430,601,628 for
                fiscal year 2026 shall be for growing States under section
                5340(c); and
                    ``(ii) $348,290,112 for fiscal year 2022, $355,566,259
                for fiscal year 2023, $364,850,518 for fiscal year 2024,
                $372,387,459 for fiscal year 2025, and $381,854,274 for
                fiscal year 2026 shall be for high density States under
                section 5340(d).
        ``(b) Capital Investment Grants.--There are authorized to be
    appropriated to carry out section 5309 of this title and section
    3005(b) of the Federal Public Transportation Act of 2015 (49 U.S.C.
    5309 note; Public Law 114-94), $3,000,000,000 for each of fiscal years
    2022 through 2026.
        ``(c) Oversight.--
            ``(1) In general.--Of the amounts made available to carry out
        this chapter for a fiscal year, the Secretary may use not more than
        the following amounts for the activities described in paragraph
        (2):
                ``(A) 0.5 percent of amounts made available to carry out
            section 5305.
                ``(B) 0.75 percent of amounts made available to carry out
            section 5307.
                ``(C) 1 percent of amounts made available to carry out
            section 5309.
                ``(D) 1 percent of amounts made available to carry out
            section 601 of the Passenger Rail Investment and Improvement
            Act of 2008 (Public Law 110-432; 126 Stat. 4968).
                ``(E) 0.5 percent of amounts made available to carry out
            section 5310.
                ``(F) 0.5 percent of amounts made available to carry out
            section 5311.
                ``(G) 1 percent of amounts made available to carry out
            section 5337, of which not less than 0.25 percent of amounts
            made available for this subparagraph shall be available to
            carry out section 5329.
                ``(H) 0.75 percent of amounts made available to carry out
            section 5339.
            ``(2) Activities.--The activities described in this paragraph
        are as follows:
                ``(A) Activities to oversee the construction of a major
            capital project.
                ``(B) Activities to review and audit the safety and
            security, procurement, management, and financial compliance of
            a recipient or subrecipient of funds under this chapter.
                ``(C) Activities to provide technical assistance generally,
            and to provide technical assistance to correct deficiencies
            identified in compliance reviews and audits carried out under
            this section.
                ``(D) Activities to carry out section 5334.
            ``(3) Government share of costs.--The Government shall pay the
        entire cost of carrying out a contract under this subsection.
            ``(4) Availability of certain funds.--Funds made available
        under paragraph (1)(C) shall be made available to the Secretary
        before allocating the funds appropriated to carry out any project
        under a full funding grant agreement.
        ``(d) Grants as Contractual Obligations.--
            ``(1) Grants financed from highway trust fund.--A grant or
        contract that is approved by the Secretary and financed with
        amounts made available from the Mass Transit Account of the Highway
        Trust Fund pursuant to this section is a contractual obligation of
        the Government to pay the Government share of the cost of the
        project.
            ``(2) Grants financed from general fund.--A grant or contract
        that is approved by the Secretary and financed with amounts
        appropriated in advance from the General Fund of the Treasury
        pursuant to this section is a contractual obligation of the
        Government to pay the Government share of the cost of the project
        only to the extent that amounts are appropriated for such purpose
        by an Act of Congress.
        ``(e) Availability of Amounts.--Amounts made available by or
    appropriated under this section shall remain available until
    expended.''.
    SEC. 30018. GRANTS FOR BUSES AND BUS FACILITIES.
        Section 5339 of title 49, United States Code, is amended--
            (1) in subsection (a)--
                (A) in paragraph (5)(A)--
                    (i) by striking ``$90,500,000 for each of fiscal years
                2016 through 2020'' and inserting ``$206,000,000 each
                fiscal year'';
                    (ii) by striking ``$1,750,000'' and inserting
                ``$4,000,000''; and
                    (iii) by striking ``$500,000'' and inserting
                ``$1,000,000''; and
                (B) by adding at the end the following:
            ``(10) Maximizing use of funds.--
                ``(A) In general.--Eligible recipients and subrecipients
            under this subsection should, to the extent practicable, seek
            to utilize the procurement tools authorized under section 3019
            of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94).
                ``(B) Written explanation.--If an eligible recipient or
            subrecipient under this subsection purchases less than 5 buses
            through a standalone procurement, the eligible recipient or
            subrecipient shall provide to the Secretary a written
            explanation regarding why the tools authorized under section
            3019 of the FAST Act (49 U.S.C. 5325 note; Public Law 114-94)
            were not utilized.'';
            (2) in subsection (b)--
                (A) by striking paragraph (5) and inserting the following:
            ``(5) Rural projects.--
                ``(A) In general.--Subject to subparagraph (B), not less
            than 15 percent of the amounts made available under this
            subsection in a fiscal year shall be distributed to projects in
            rural areas.
                ``(B) Unutilized amounts.--The Secretary may use less than
            15 percent of the amounts made available under this subsection
            in a fiscal year for the projects described in subparagraph (A)
            if the Secretary cannot meet the requirement of that
            subparagraph due to insufficient eligible applications.''; and
                (B) by adding at the end the following:
            ``(9) Competitive process.--The Secretary shall--
                ``(A) not later than 30 days after the date on which
            amounts are made available for obligation under this subsection
            for a full fiscal year, solicit grant applications for eligible
            projects on a competitive basis; and
                ``(B) award a grant under this subsection based on the
            solicitation under subparagraph (A) not later than the earlier
            of--
                    ``(i) 75 days after the date on which the solicitation
                expires; or
                    ``(ii) the end of the fiscal year in which the
                Secretary solicited the grant applications.
            ``(10) Continued use of partnerships.--
                ``(A) In general.--An eligible recipient of a grant under
            this subsection may submit an application in partnership with
            other entities, including a transit vehicle manufacturer that
            intends to participate in the implementation of a project under
            this subsection and subsection (c).
                ``(B) Competitive procurement.--Projects awarded with
            partnerships under this subsection shall be considered to
            satisfy the requirement for a competitive procurement under
            section 5325.
            ``(11) Maximizing use of funds.--
                ``(A) In general.--Eligible recipients under this
            subsection should, to the extent practicable, seek to utilize
            the procurement tools authorized under section 3019 of the FAST
            Act (49 U.S.C. 5325 note; Public Law 114-94).
                ``(B) Written explanation.--If an eligible recipient under
            this subsection purchases less than 5 buses through a
            standalone procurement, the eligible recipient shall provide to
            the Secretary a written explanation regarding why the tools
            authorized under section 3019 of the FAST Act (49 U.S.C. 5325
            note; Public Law 114-94) were not utilized.'';
            (3) in subsection (c)--
                (A) in paragraph (3)--
                    (i) by amending subparagraph (A) to read as follows:
                ``(A) In general.--A grant under this subsection shall be
            subject to--
                    ``(i) with respect to eligible recipients in urbanized
                areas, section 5307; and
                    ``(ii) with respect to eligible recipients in rural
                areas, section 5311.''; and
                    (ii) by adding at the end the following:
                ``(D) Fleet transition plan.--In awarding grants under this
            subsection or under subsection (b) for projects related to zero
            emission vehicles, the Secretary shall require the applicant to
            submit a zero emission transition plan, which, at a minimum--
                    ``(i) demonstrates a long-term fleet management plan
                with a strategy for how the applicant intends to use the
                current application and future acquisitions;
                    ``(ii) addresses the availability of current and future
                resources to meet costs;
                    ``(iii) considers policy and legislation impacting
                technologies;
                    ``(iv) includes an evaluation of existing and future
                facilities and their relationship to the technology
                transition;
                    ``(v) describes the partnership of the applicant with
                the utility or alternative fuel provider of the applicant;
                and
                    ``(vi) examines the impact of the transition on the
                applicant's current workforce by identifying skill gaps,
                training needs, and retraining needs of the existing
                workers of the applicant to operate and maintain zero
                emission vehicles and related infrastructure and avoids the
                displacement of the existing workforce.'';
                (B) by striking paragraph (5) and inserting the following:
            ``(5) Consideration.--In awarding grants under this subsection,
        the Secretary--
                ``(A) shall consider eligible projects relating to the
            acquisition or leasing of low or no emission buses or bus
            facilities that make greater reductions in energy consumption
            and harmful emissions, including direct carbon emissions, than
            comparable standard buses or other low or no emission buses;
            and
                ``(B) shall, for no less than 25 percent of the funds made
            available to carry out this subsection, only consider eligible
            projects related to the acquisition of low or no emission buses
            or bus facilities other than zero emission vehicles and related
            facilities.''; and
                (C) by adding at the end the following:
            ``(8) Continued use of partnerships.--
                ``(A) In general.--A recipient of a grant under this
            subsection may submit an application in partnership with other
            entities, including a transit vehicle manufacturer, that
            intends to participate in the implementation of an eligible
            project under this subsection.
                ``(B) Competitive procurement.--Eligible projects awarded
            with partnerships under this subsection shall be considered to
            satisfy the requirement for a competitive procurement under
            section 5325.''; and
            (4) by adding at the end the following:
        ``(d) Workforce Development Training Activities.--5 percent of
    grants related to zero emissions vehicles (as defined in subsection
    (c)(1)) or related infrastructure under subsection (b) or (c) shall be
    used by recipients to fund workforce development training, as described
    in section 5314(b)(2) (including registered apprenticeships and other
    labor-management training programs) under the recipient's plan to
    address the impact of the transition to zero emission vehicles on the
    applicant's current workforce under subsection (c)(3)(D), unless the
    recipient certifies a smaller percentage is necessary to carry out that
    plan.''.
    SEC. 30019. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY SAFETY,
    ACCOUNTABILITY, AND INVESTMENT.
        (a) Definitions.--In this section:
            (1) Board.--The term ``Board'' means the Board of Directors of
        the Transit Authority.
            (2) Compact.--The term ``Compact'' means the Washington
        Metropolitan Area Transit Authority Compact consented to by
        Congress under Public Law 89-774 (80 Stat. 1324).
            (3) Covered recipient.--The term ``covered recipient'' means--
                (A)(i) the Committee on Banking, Housing, and Urban Affairs
            of the Senate;
                (ii) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (iii) the Committee on Transportation and Infrastructure of
            the House of Representatives; and
                (iv) the Committee on Oversight and Reform of the House of
            Representatives;
                (B)(i) the Governor of Maryland;
                (ii) the President of the Maryland Senate; and
                (iii) the Speaker of the Maryland House of Delegates;
                (C)(i) the Governor of Virginia;
                (ii) the President of the Virginia Senate; and
                (iii) the Speaker of the Virginia House of Delegates;
                (D)(i) the Mayor of the District of Columbia; and
                (ii) the Chairman of the Council of the District of
            Columbia; and
                (E) the Chairman of the Northern Virginia Transportation
            Commission.
            (4) Inspector general; office of the inspector general.--The
        terms ``Inspector General'' and ``Office of Inspector General''
        mean the Inspector General and the Office of Inspector General,
        respectively, of the Transit Authority.
            (5) Transit authority.--The term ``Transit Authority'' means
        the Washington Metropolitan Area Transit Authority established
        under Article III of the Compact.
        (b) Reauthorization of Capital and Preventive Maintenance Grants to
    Washington Metropolitan Area Transit Authority.--Section 601(f) of the
    Passenger Rail Investment and Improvement Act of 2008 (division B of
    Public Law 110-432; 122 Stat. 4970) is amended by striking ``an
    aggregate amount'' and all that follows through the period at the end
    and inserting ``$150,000,000 for each of fiscal years 2022 through
    2030.''.
        (c) Funds for Washington Metropolitan Area Transit Authority's
    Inspector General.--Title VI of the Passenger Rail Investment and
    Improvement Act of 2008 (division B of Public Law 110-432; 122 Stat.
    4968) is amended by adding at the end the following:
        ``SEC. 602. FUNDING FOR INSPECTOR GENERAL.
        ``(a) Definitions.--In this section:
            ``(1) Compact.--The term `Compact' means the Washington
        Metropolitan Area Transit Authority Compact consented to by
        Congress under Public Law 89-774 (80 Stat. 1324).
            ``(2) Secretary.--The term `Secretary' means the Secretary of
        Transportation.
            ``(3) Transit authority.--The term `Transit Authority' has the
        meaning given the term in section 601(a)(2).
        ``(b) Funding for Office of Inspector General of the Washington
    Metropolitan Area Transit Authority.--Subject to subsection (c), of the
    amounts authorized to be appropriated for a fiscal year under section
    601(f), the Secretary shall use $5,000,000 for grants to the Transit
    Authority for use exclusively by the Office of Inspector General of the
    Transit Authority for the operations of the Office in accordance with
    Section 9 of Article III of the Compact, to remain available until
    expended.
        ``(c) Matching Inspector General Funds Required From Transit
    Authority.--The Secretary may not provide any amounts to the Transit
    Authority for a fiscal year under subsection (b) until the Transit
    Authority notifies the Secretary that the Transit Authority has made
    available $5,000,000 in non-Federal funds for that fiscal year for use
    exclusively by the Office of Inspector General of the Transit Authority
    for the operations of the Office in accordance with Section 9 of
    Article III of the Compact.''.
        (d) Reforms to Office of Inspector General.--
            (1) Sense of congress.--Congress recognizes the importance of
        the Transit Authority having a strong and independent Office of
        Inspector General, as codified in subsections (a) and (d) of
        Section 9 of Article III of the Compact.
            (2) Reforms.--The Secretary of Transportation may not provide
        any amounts to the Transit Authority under section 601(f) of the
        Passenger Rail Investment and Improvement Act of 2008 (division B
        of Public Law 110-432; 122 Stat. 4968) (as amended by subsection
        (b)), until the Secretary of Transportation certifies that the
        Board has passed a resolution that--
                (A) provides that, for each fiscal year, the Office of
            Inspector General shall transmit a budget estimate and request
            to the Board specifying the aggregate amount of funds requested
            for the fiscal year for the operations of the Office of
            Inspector General;
                (B) delegates to the Inspector General, to the extent
            possible under the Compact and in accordance with each
            applicable Federal law or regulation, contracting officer
            authority, subject to the requirement that the Inspector
            General exercise that authority--
                    (i) in accordance with Section 73 of Article XVI of the
                Compact, after working with the Transit Authority to amend
                procurement policies and procedures to give the Inspector
                General approving authority for exceptions to those
                policies and procedures; and
                    (ii) only as is necessary to carry out the duties of
                the Office of Inspector General;
                (C) delegates to the Inspector General, to the extent
            possible under the Compact and in accordance with each
            applicable Federal law or regulation--
                    (i) the authority to select, appoint, and employ such
                officers and employees as may be necessary for carrying out
                the duties of the Office of Inspector General, subject to
                the requirement that the Inspector General exercise that
                authority in accordance with--

                        (I) subsections (g) and (h) of Section 12 of
                    Article V of the Compact; and
                        (II) personnel policies and procedures of the
                    Transit Authority; and

                    (ii) approving authority, subject to the approval of
                the Board, for exceptions to policies that impact the
                independence of the Office of Inspector General, but those
                exceptions may not include the use of employee benefits and
                pension plans other than the employee benefits and pension
                plans of the Transit Authority;
                (D)(i) ensures that the Inspector General obtains legal
            advice from a counsel reporting directly to the Inspector
            General; and
                (ii) prohibits the counsel described in clause (i) from--
                    (I) providing legal advice for or on behalf of the
                Transit Authority;
                    (II) issuing a legal opinion on behalf of the Transit
                Authority or making a statement about a legal position of
                the Transit Authority; or
                    (III) waiving any privilege or protection from
                disclosure on any matter under the jurisdiction of the
                Transit Authority; and
                (E) requires the Inspector General to--
                    (i) post any report containing a recommendation for
                corrective action to the website of the Office of Inspector
                General not later than 3 days after the report is submitted
                in final form to the Board, except that--

                        (I) the Inspector General shall, if required by law
                    or otherwise appropriate, redact--

                            (aa) personally identifiable information;
                            (bb) legally privileged information;
                            (cc) information legally prohibited from
                        disclosure; and
                            (dd) information that, in the determination of
                        the Inspector General, would pose a security risk
                        to the systems of the Transit Authority; and

                        (II) with respect to any investigative findings in
                    a case involving administrative misconduct, whether
                    included in a recommendation or otherwise, the
                    Inspector General shall publish only a summary of the
                    findings, which summary shall be redacted in accordance
                    with the procedures set forth in subclause (I);

                    (ii) submit a semiannual report containing
                recommendations of corrective action to the Board, which
                the Board shall transmit not later than 30 days after
                receipt of the report, together with any comments the Board
                determines appropriate, to--

                        (I) each covered recipient described in subsection
                    (a)(3)(A); and
                        (II) any other recipients that the Board determines
                    appropriate; and

                    (iii) not later than 2 years after the date of
                enactment of this Act and 5 years after the date of
                enactment of this Act, submit to each covered recipient a
                report that--

                        (I) describes the implementation by the Transit
                    Authority of the reforms required under, and the use by
                    the Transit Authority of the funding authorized under--

                            (aa) chapter 34 of title 33.2 of the Code of
                        Virginia;
                            (bb) section 10-205 of the Transportation
                        Article of the Code of Maryland; and
                            (cc) section 6002 of the Dedicated WMATA
                        Funding and Tax Changes Affecting Real Property and
                        Sales Amendment Act of 2018 (1-325.401, D.C.
                        Official Code); and

                        (II) contains--

                            (aa) an assessment of the effective use of the
                        funding described in subclause (I) to address major
                        capital improvement projects;
                            (bb) a discussion of compliance with strategic
                        plan deadlines;
                            (cc) an examination of compliance with the
                        reform requirements under the laws described in
                        subclause (I), including identifying any challenges
                        to compliance or implementation; and
                            (dd) recommendations to the Transit Authority
                        to improve implementation.
        (e) Capital Program and Planning.--
            (1) Capital planning procedures.--The Transit Authority may not
        expend any amounts received under section 602(b) of the Passenger
        Rail Investment and Improvement Act of 2008 (division B of Public
        Law 110-432; 122 Stat. 4968), (as added by subsection (c)), until
        the General Manager of the Transit Authority certifies to the
        Secretary of Transportation that the Transit Authority has
        implemented--
                (A) documented policies and procedures for the capital
            planning process that include--
                    (i) a process that aligns projects to the strategic
                goals of the Transit Authority; and
                    (ii) a process to develop total project costs and
                alternatives for all major capital projects (as defined in
                section 633.5 of title 49, Code of Federal Regulations (or
                successor regulations));
                (B) a transit asset management planning process that
            includes --
                    (i) asset inventory and condition assessment
                procedures; and
                    (ii) procedures to develop a data set of track,
                guideway, and infrastructure systems, including tunnels,
                bridges, and communications assets, that complies with the
                transit asset management regulations of the Secretary of
                Transportation under part 625 of title 49, Code of Federal
                Regulations (or successor regulations); and
                (C) performance measures, aligned with the strategic goals
            of the Transit Authority, to assess the effectiveness and
            outcomes of major capital projects.
            (2) Annual report.--As a condition of receiving amounts under
        section 602(b) of the Passenger Rail Investment and Improvement Act
        of 2008 (division B of Public Law 110-432; 122 Stat. 4968) (as
        added by subsection (c)), the Transit Authority shall submit an
        annual report detailing the Capital Improvement Program of the
        Transit Agency approved by the Board and compliance with the
        transit asset management regulations of the Secretary of
        Transportation under part 625 of title 49, Code of Federal
        Regulations (or successor regulations), to--
                (A) each covered recipient; and
                (B) any other recipient that the Board determines
            appropriate.
        (f) Sense of Congress.--It is the sense of Congress that the
    Transit Authority should--
            (1) continue to prioritize the implementation of new
        technological systems that include robust cybersecurity
        protections; and
            (2) prioritize continued integration of new wireless services
        and emergency communications networks, while also leveraging
        partnerships with mobility services to improve the competitiveness
        of the core business.
        (g) Additional Reporting.--
            (1) In general.--Not later than 3 years after the date of
        enactment of this Act, the Comptroller General of the United States
        shall submit to the congressional committees described in paragraph
        (2) a report that--
                (A) assesses whether the reforms required under subsection
            (d) (relating to strengthening the independence of the Office
            of Inspector General) have been implemented; and
                (B) assesses--
                    (i) whether the reforms required under subsection (g)
                have been implemented; and
                    (ii) the impact of those reforms on the capital
                planning process of the Transit Authority.
            (2) Congressional committees.--The congressional committees
        described in this paragraph are--
                (A) the Committee on Banking, Housing, and Urban Affairs of
            the Senate;
                (B) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (C) the Committee on Transportation and Infrastructure of
            the House of Representatives; and
                (D) the Committee on Oversight and Reform of the House of
            Representatives.

                               DIVISION D--ENERGY

    SEC. 40001. DEFINITIONS.
        In this division:
            (1) Department.--The term ``Department'' means the Department
        of Energy.
            (2) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.

                  TITLE I--GRID INFRASTRUCTURE AND RESILIENCY
           Subtitle A--Grid Infrastructure Resilience and Reliability

    SEC. 40101. PREVENTING OUTAGES AND ENHANCING THE RESILIENCE OF THE
    ELECTRIC GRID.
        (a) Definitions.--In this section:
            (1) Disruptive event.--The term ``disruptive event'' means an
        event in which operations of the electric grid are disrupted,
        preventively shut off, or cannot operate safely due to extreme
        weather, wildfire, or a natural disaster.
            (2) Eligible entity.--The term ``eligible entity'' means--
                (A) an electric grid operator;
                (B) an electricity storage operator;
                (C) an electricity generator;
                (D) a transmission owner or operator;
                (E) a distribution provider;
                (F) a fuel supplier; and
                (G) any other relevant entity, as determined by the
            Secretary.
            (3) Natural disaster.--The term ``natural disaster'' has the
        meaning given the term in section 602(a) of the Robert T. Stafford
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5195a(a)).
            (4) Power line.--The term ``power line'' includes a
        transmission line or a distribution line, as applicable.
            (5) Program.--The term ``program'' means the program
        established under subsection (b).
        (b) Establishment of Program.--Not later than 180 days after the
    date of enactment of this Act, the Secretary shall establish a program
    under which the Secretary shall make grants to eligible entities,
    States, and Indian Tribes in accordance with this section.
        (c) Grants to Eligible Entities.--
            (1) In general.--The Secretary may make a grant under the
        program to an eligible entity to carry out activities that--
                (A) are supplemental to existing hardening efforts of the
            eligible entity planned for any given year; and
                (B)(i) reduce the risk of any power lines owned or operated
            by the eligible entity causing a wildfire; or
                (ii) increase the ability of the eligible entity to reduce
            the likelihood and consequences of disruptive events.
            (2) Application.--
                (A) In general.--An eligible entity desiring a grant under
            the program shall submit to the Secretary an application at
            such time, in such manner, and containing such information as
            the Secretary may require.
                (B) Requirement.--As a condition of receiving a grant under
            the program, an eligible entity shall submit to the Secretary,
            as part of the application of the eligible entity submitted
            under subparagraph (A), a report detailing past, current, and
            future efforts by the eligible entity to reduce the likelihood
            and consequences of disruptive events.
            (3) Limitation.--The Secretary may not award a grant to an
        eligible entity in an amount that is greater than the total amount
        that the eligible entity has spent in the previous 3 years on
        efforts to reduce the likelihood and consequences of disruptive
        events.
            (4) Priority.--In making grants to eligible entities under the
        program, the Secretary shall give priority to projects that, in the
        determination of the Secretary, will generate the greatest
        community benefit (whether rural or urban) in reducing the
        likelihood and consequences of disruptive events.
            (5) Small utilities set aside.--The Secretary shall ensure that
        not less than 30 percent of the amounts made available to eligible
        entities under the program are made available to eligible entities
        that sell not more than 4,000,000 megawatt hours of electricity per
        year.
        (d) Grants to States and Indian Tribes.--
            (1) In general.--The Secretary, in accordance with this
        subsection, may make grants under the program to States and Indian
        Tribes, which each State or Indian Tribe may use to award grants to
        eligible entities.
            (2) Annual application.--
                (A) In general.--For each fiscal year, to be eligible to
            receive a grant under this subsection, a State or Indian Tribe
            shall submit to the Secretary an application that includes a
            plan described in subparagraph (B).
                (B) Plan required.--A plan prepared by a State or Indian
            Tribe for purposes of an application described in subparagraph
            (A) shall--
                    (i) describe the criteria and methods that will be used
                by the State or Indian Tribe to award grants to eligible
                entities;
                    (ii) be adopted after notice and a public hearing; and
                    (iii) describe the proposed funding distributions and
                recipients of the grants to be provided by the State or
                Indian Tribe.
            (3) Distribution of funds.--
                (A) In general.--The Secretary shall provide grants to
            States and Indian Tribes under this subsection based on a
            formula determined by the Secretary, in accordance with
            subparagraph (B).
                (B) Requirement.--The formula referred to in subparagraph
            (A) shall be based on the following factors:
                    (i) The total population of the State or Indian Tribe.
                    (ii)(I) The total area of the State or the land of the
                Indian Tribe; or
                    (II) the areas in the State or on the land of the
                Indian Tribe with a low ratio of electricity customers per
                mileage of power lines.
                    (iii) The probability of disruptive events in the State
                or on the land of the Indian Tribe during the previous 10
                years, as determined based on the number of federally
                declared disasters or emergencies in the State or on the
                land of the Indian Tribe, as applicable, including--

                        (I) disasters for which Fire Management Assistance
                    Grants are provided under section 420 of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5187);
                        (II) major disasters declared by the President
                    under section 401 of that Act (42 U.S.C. 5170);
                        (III) emergencies declared by the President under
                    section 501 of that Act (42 U.S.C. 5191); and
                        (IV) any other federally declared disaster or
                    emergency in the State or on the land of the Indian
                    Tribe.

                    (iv) The number and severity, measured by population
                and economic impacts, of disruptive events experienced by
                the State or Indian Tribe on or after January 1, 2011.
                    (v) The total amount, on a per capita basis, of public
                and private expenditures during the previous 10 years to
                carry out mitigation efforts to reduce the likelihood and
                consequences of disruptive events in the State or on the
                land of the Indian Tribe, with States or Indian Tribes with
                higher per capita expenditures receiving additional weight
                or consideration as compared to States or Indian Tribes
                with lower per capita expenditures.
                (C) Annual update of data used in distribution of funds.--
            Beginning 1 year after the date of enactment of this Act, the
            Secretary shall annually update--
                    (i) all data relating to the factors described in
                subparagraph (B); and
                    (ii) all other data used in distributing grants to
                States and Indian Tribes under this subsection.
            (4) Oversight.--The Secretary shall ensure that each grant
        provided to a State or Indian Tribe under the program is allocated,
        pursuant to the applicable plan of the State or Indian Tribe, to
        eligible entities for projects within the State or on the land of
        the Indian Tribe.
            (5) Priority.--In making grants to eligible entities using
        funds made available to the applicable State or Indian Tribe under
        the program, the State or Indian Tribe shall give priority to
        projects that, in the determination of the State or Indian Tribe,
        will generate the greatest community benefit (whether rural or
        urban) in reducing the likelihood and consequences of disruptive
        events.
            (6) Small utilities set aside.--A State or Indian Tribe
        receiving a grant under the program shall ensure that, of the
        amounts made available to eligible entities from funds made
        available to the State or Indian Tribe under the program, the
        percentage made available to eligible entities that sell not more
        than 4,000,000 megawatt hours of electricity per year is not less
        than the percentage of all customers in the State or Indian Tribe
        that are served by those eligible entities.
            (7) Technical assistance and administrative expenses.--Of the
        amounts made available to a State or Indian Tribe under the program
        each fiscal year, the State or Indian Tribe may use not more than 5
        percent for--
                (A) providing technical assistance under subsection
            (g)(1)(A); and
                (B) administrative expenses associated with the program.
            (8) Matching requirement.--Each State and Indian Tribe shall be
        required to match 15 percent of the amount of each grant provided
        to the State or Indian Tribe under the program.
        (e) Use of Grants.--
            (1) In general.--A grant awarded to an eligible entity under
        the program may be used for activities, technologies, equipment,
        and hardening measures to reduce the likelihood and consequences of
        disruptive events, including--
                (A) weatherization technologies and equipment;
                (B) fire-resistant technologies and fire prevention
            systems;
                (C) monitoring and control technologies;
                (D) the undergrounding of electrical equipment;
                (E) utility pole management;
                (F) the relocation of power lines or the reconductoring of
            power lines with low-sag, advanced conductors;
                (G) vegetation and fuel-load management;
                (H) the use or construction of distributed energy resources
            for enhancing system adaptive capacity during disruptive
            events, including--
                    (i) microgrids; and
                    (ii) battery-storage subcomponents;
                (I) adaptive protection technologies;
                (J) advanced modeling technologies;
                (K) hardening of power lines, facilities, substations, of
            other systems; and
                (L) the replacement of old overhead conductors and
            underground cables.
            (2) Prohibitions and limitations.--
                (A) In general.--A grant awarded to an eligible entity
            under the program may not be used for--
                    (i) construction of a new--

                        (I) electric generating facility; or
                        (II) large-scale battery-storage facility that is
                    not used for enhancing system adaptive capacity during
                    disruptive events; or

                    (ii) cybersecurity.
                (B) Certain investments eligible for recovery.--
                    (i) In general.--An eligible entity may not seek cost
                recovery for the portion of the cost of any system,
                technology, or equipment that is funded through a grant
                awarded under the program.
                    (ii) Savings provision.--Nothing in this subparagraph
                prohibits an eligible entity from recovering through
                traditional or incentive-based ratemaking any portion of an
                investment in a system, technology, or equipment that is
                not funded by a grant awarded under the program.
                (C) Application limitations.--An eligible entity may not
            submit an application for a grant provided by the Secretary
            under subsection (c) and a grant provided by a State or Indian
            Tribe pursuant to subsection (d) during the same application
            cycle.
        (f) Distribution of Funding.--Of the amounts made available to
    carry out the program for a fiscal year, the Secretary shall ensure
    that--
            (1) 50 percent is used to award grants to eligible entities
        under subsection (c); and
            (2) 50 percent is used to make grants to States and Indian
        Tribes under subsection (d).
        (g) Technical and Other Assistance.--
            (1) In general.--The Secretary, States, and Indian Tribes may--
                (A) provide technical assistance and facilitate the
            distribution and sharing of information to reduce the
            likelihood and consequences of disruptive events; and
                (B) promulgate consumer-facing information and resources to
            inform the public of best practices and resources relating to
            reducing the likelihood and consequences of disruptive events.
            (2) Use of funds by the secretary.--Of the amounts made
        available to the Secretary to carry out the program each fiscal
        year, the Secretary may use not more than 5 percent for--
                (A) providing technical assistance under paragraph (1)(A);
            and
                (B) administrative expenses associated with the program.
        (h) Matching Requirement.--
            (1) In general.--Except as provided in paragraph (2), an
        eligible entity that receives a grant under this section shall be
        required to match 100 percent of the amount of the grant.
            (2) Exception for small utilities.--An eligible entity that
        sells not more than 4,000,000 megawatt hours of electricity per
        year shall be required to match \1/3\ of the amount of the grant.
        (i) Biennial Report to Congress.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, and every 2 years thereafter through 2026,
        the Secretary shall submit to the Committee on Energy and Natural
        Resources of the Senate and the Committee on Energy and Commerce of
        the House of Representatives a report describing the program.
            (2) Requirements.--The report under paragraph (1) shall include
        information and data on--
                (A) the costs of the projects for which grants are awarded
            to eligible entities;
                (B) the types of activities, technologies, equipment, and
            hardening measures funded by those grants; and
                (C) the extent to which the ability of the power grid to
            withstand disruptive events has increased.
        (j) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out the program $5,000,000,000
    for the period of fiscal years 2022 through 2026.
    SEC. 40102. HAZARD MITIGATION USING DISASTER ASSISTANCE.
        Section 404(f)(12) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170c(f)(12)) is amended--
            (1) by inserting ``and wildfire'' after ``windstorm'';
            (2) by striking ``including replacing'' and inserting the
        following: ``including--
                ``(A) replacing'';
            (3) in subparagraph (A) (as so designated)--
                (A) by inserting ``, wildfire,'' after ``extreme wind'';
            and
                (B) by adding ``and'' after the semicolon at the end; and
            (4) by adding at the end the following:
                ``(B) the installation of fire-resistant wires and
            infrastructure and the undergrounding of wires;''.
    SEC. 40103. ELECTRIC GRID RELIABILITY AND RESILIENCE RESEARCH,
    DEVELOPMENT, AND DEMONSTRATION.
        (a) Definition of Federal Financial Assistance.--In this section,
    the term ``Federal financial assistance'' has the meaning given the
    term in section 200.1 of title 2, Code of Federal Regulations.
        (b) Energy Infrastructure Federal Financial Assistance Program.--
            (1) Definitions.--In this subsection:
                (A) Eligible entity.--The term ``eligible entity'' means
            each of--
                    (i) a State;
                    (ii) a combination of 2 or more States;
                    (iii) an Indian Tribe;
                    (iv) a unit of local government; and
                    (v) a public utility commission.
                (B) Program.--The term ``program'' means the competitive
            Federal financial assistance program established under
            paragraph (2).
            (2) Establishment.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall establish a program, to
        be known as the ``Program Upgrading Our Electric Grid and Ensuring
        Reliability and Resiliency'', to provide, on a competitive basis,
        Federal financial assistance to eligible entities to carry out the
        purpose described in paragraph (3).
            (3) Purpose.--The purpose of the program is to coordinate and
        collaborate with electric sector owners and operators--
                (A) to demonstrate innovative approaches to transmission,
            storage, and distribution infrastructure to harden and enhance
            resilience and reliability; and
                (B) to demonstrate new approaches to enhance regional grid
            resilience, implemented through States by public and rural
            electric cooperative entities on a cost-shared basis.
            (4) Applications.--To be eligible to receive Federal financial
        assistance under the program, an eligible entity shall submit to
        the Secretary an application at such time, in such manner, and
        containing such information as the Secretary may require, including
        a description of--
                (A) how the Federal financial assistance would be used;
                (B) the expected beneficiaries, and
                (C) in the case of a proposal from an eligible entity
            described in paragraph (1)(A)(ii), how the proposal would
            improve regional energy infrastructure.
            (5) Selection.--The Secretary shall select eligible entities to
        receive Federal financial assistance under the program on a
        competitive basis.
            (6) Cost share.--Section 988 of the Energy Policy Act of 2005
        (42 U.S.C. 16352) shall apply to Federal financial assistance
        provided under the program.
            (7) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out this subsection,
        $5,000,000,000 for the period of fiscal years 2022 through 2026.
        (c) Energy Improvement in Rural or Remote Areas.--
            (1) Definition of rural or remote area.--In this subsection,
        the term ``rural or remote area'' means a city, town, or
        unincorporated area that has a population of not more than 10,000
        inhabitants.
            (2) Required activities.--The Secretary shall carry out
        activities to improve in rural or remote areas of the United
        States--
                (A) the resilience, safety, reliability, and availability
            of energy; and
                (B) environmental protection from adverse impacts of energy
            generation.
            (3) Federal financial assistance.--The Secretary, in
        consultation with the Secretary of the Interior, may provide
        Federal financial assistance to rural or remote areas for the
        purpose of--
                (A) overall cost-effectiveness of energy generation,
            transmission, or distribution systems;
                (B) siting or upgrading transmission and distribution
            lines;
                (C) reducing greenhouse gas emissions from energy
            generation by rural or remote areas;
                (D) providing or modernizing electric generation
            facilities;
                (E) developing microgrids; and
                (F) increasing energy efficiency.
            (4) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out this subsection,
        $1,000,000,000 for the period of fiscal years 2022 through 2026.
        (d) Energy Infrastructure Resilience Framework.--
            (1) In general.--The Secretary, in collaboration with the
        Secretary of Homeland Security, the Federal Energy Regulatory
        Commission, the North American Electric Reliability Corporation,
        and interested energy infrastructure stakeholders, shall develop
        common analytical frameworks, tools, metrics, and data to assess
        the resilience, reliability, safety, and security of energy
        infrastructure in the United States, including by developing and
        storing an inventory of easily transported high-voltage recovery
        transformers and other required equipment.
            (2) Assessment and report.--
                (A) Assessment.--The Secretary shall carry out an
            assessment of--
                    (i) with respect to the inventory of high-voltage
                recovery transformers, new transformers, and other
                equipment proposed to be developed and stored under
                paragraph (1)--

                        (I) the policies, technical specifications, and
                    logistical and program structures necessary to mitigate
                    the risks associated with the loss of high-voltage
                    recovery transformers;
                        (II) the technical specifications for high-voltage
                    recovery transformers;
                        (III) where inventory of high-voltage recovery
                    transformers should be stored;
                        (IV) the quantity of high-voltage recovery
                    transformers necessary for the inventory;
                        (V) how the stored inventory of high-voltage
                    recovery transformers would be secured and maintained;
                        (VI) how the high-voltage recovery transformers may
                    be transported;
                        (VII) opportunities for developing new flexible
                    advanced transformer designs; and
                        (VIII) whether new Federal regulations or cost-
                    sharing requirements are necessary to carry out the
                    storage of high-voltage recovery transformers; and

                    (ii) any efforts carried out by industry as of the date
                of the assessment--

                        (I) to share transformers and equipment;
                        (II) to develop plans for next generation
                    transformers; and
                        (III) to plan for surge and long-term manufacturing
                    of, and long-term standardization of, transformer
                    designs.

                (B) Protection of information.--Information that is
            provided to, generated by, or collected by the Secretary under
            subparagraph (A) shall be considered to be critical electric
            infrastructure information under section 215A of the Federal
            Power Act (16 U.S.C. 824o-1).
                (C) Report.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            report describing the results of the assessment carried out
            under subparagraph (A).
    SEC. 40104. UTILITY DEMAND RESPONSE.
        (a) Consideration of Demand-Response Standard.--
            (1) In general.--Section 111(d) of the Public Utility
        Regulatory Policies Act of 1978 (16 U.S.C. 2621(d)) is amended by
        adding at the end the following:
            ``(20) Demand-response practices.--
                ``(A) In general.--Each electric utility shall promote the
            use of demand-response and demand flexibility practices by
            commercial, residential, and industrial consumers to reduce
            electricity consumption during periods of unusually high
            demand.
                ``(B) Rate recovery.--
                    ``(i) In general.--Each State regulatory authority
                shall consider establishing rate mechanisms allowing an
                electric utility with respect to which the State regulatory
                authority has ratemaking authority to timely recover the
                costs of promoting demand-response and demand flexibility
                practices in accordance with subparagraph (A).
                    ``(ii) Nonregulated electric utilities.--A nonregulated
                electric utility may establish rate mechanisms for the
                timely recovery of the costs of promoting demand-response
                and demand flexibility practices in accordance with
                subparagraph (A).''.
            (2) Compliance.--
                (A) Time limitations.--Section 112(b) of the Public Utility
            Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) is amended
            by adding at the end the following:
            ``(7)(A) Not later than 1 year after the date of enactment of
        this paragraph, each State regulatory authority (with respect to
        each electric utility for which the State has ratemaking authority)
        and each nonregulated electric utility shall commence consideration
        under section 111, or set a hearing date for consideration, with
        respect to the standard established by paragraph (20) of section
        111(d).
            ``(B) Not later than 2 years after the date of enactment of
        this paragraph, each State regulatory authority (with respect to
        each electric utility for which the State has ratemaking
        authority), and each nonregulated electric utility shall complete
        the consideration and make the determination under section 111 with
        respect to the standard established by paragraph (20) of section
        111(d).''.
                (B) Failure to comply.--
                    (i) In general.--Section 112(c) of the Public Utility
                Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) is
                amended--

                        (I) by striking ``such paragraph (14)'' and all
                    that follows through ``paragraphs (16)'' and inserting
                    ``such paragraph (14). In the case of the standard
                    established by paragraph (15) of section 111(d), the
                    reference contained in this subsection to the date of
                    enactment of this Act shall be deemed to be a reference
                    to the date of enactment of that paragraph (15). In the
                    case of the standards established by paragraphs (16)'';
                    and
                        (II) by adding at the end the following: ``In the
                    case of the standard established by paragraph (20) of
                    section 111(d), the reference contained in this
                    subsection to the date of enactment of this Act shall
                    be deemed to be a reference to the date of enactment of
                    that paragraph (20).''.

                    (ii) Technical correction.--Paragraph (2) of section
                1254(b) of the Energy Policy Act of 2005 (Public Law 109-
                58; 119 Stat. 971) is repealed and the amendment made by
                that paragraph (as in effect on the day before the date of
                enactment of this Act) is void, and section 112(d) of the
                Public Utility Regulatory Policies Act of 1978 (16 U.S.C.
                2622(d)) shall be in effect as if that amendment had not
                been enacted.
                (C) Prior state actions.--
                    (i) In general.--Section 112 of the Public Utility
                Regulatory Policies Act of 1978 (16 U.S.C. 2622) is amended
                by adding at the end the following:
        ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
    to the standard established by paragraph (20) of section 111(d) in the
    case of any electric utility in a State if, before the date of
    enactment of this subsection--
            ``(1) the State has implemented for the electric utility the
        standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the
        relevant nonregulated electric utility has conducted a proceeding
        to consider implementation of the standard (or a comparable
        standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation of
        the standard (or a comparable standard) for the electric
        utility.''.
                    (ii) Cross-reference.--Section 124 of the Public
                Utility Regulatory Policies Act of 1978 (16 U.S.C. 2634) is
                amended--

                        (I) by striking ``this subsection'' each place it
                    appears and inserting ``this section''; and
                        (II) by adding at the end the following: ``In the
                    case of the standard established by paragraph (20) of
                    section 111(d), the reference contained in this section
                    to the date of enactment of this Act shall be deemed to
                    be a reference to the date of enactment of that
                    paragraph (20).''.

        (b) Optional Features of State Energy Conservation Plans.--Section
    362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
    amended--
            (1) in paragraph (16), by striking ``and'' at the end;
            (2) by redesignating paragraph (17) as paragraph (18); and
            (3) by inserting after paragraph (16) the following:
            ``(17) programs that promote the installation and use of
        demand-response technology and demand-response practices; and''.
        (c) Federal Energy Management Program.--Section 543(i) of the
    National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is
    amended--
            (1) in paragraph (1)--
                (A) in subparagraph (A), by striking ``and'' at the end;
                (B) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (C) by adding at the end the following:
                ``(C) to reduce energy consumption during periods of
            unusually high electricity or natural gas demand.''; and
            (2) in paragraph (3)(A)--
                (A) in clause (v), by striking ``and'' at the end;
                (B) in clause (vi), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
                    ``(vii) promote the installation of demand-response
                technology and the use of demand-response practices in
                Federal buildings.''.
        (d) Components of Zero-Net-Energy Commercial Buildings
    Initiative.--Section 422(d)(3) of the Energy Independence and Security
    Act of 2007 (42 U.S.C. 17082(d)) is amended by inserting ``(including
    demand-response technologies, practices, and policies)'' after
    ``policies''.
    SEC. 40105. SITING OF INTERSTATE ELECTRIC TRANSMISSION FACILITIES.
        (a) Designation of National Interest Electric Transmission
    Corridors.--Section 216(a) of the Federal Power Act (16 U.S.C. 824p(a))
    is amended--
            (1) in paragraph (1)--
                (A) by inserting ``and Indian Tribes'' after ``affected
            States''; and
                (B) by inserting ``capacity constraints and'' before
            ``congestion'';
            (2) in paragraph (2)--
                (A) by striking ``After'' and inserting ``Not less
            frequently than once every 3 years, the Secretary, after''; and
                (B) by striking ``affected States'' and all that follows
            through the period at the end and inserting the following:
            ``affected States and Indian Tribes), shall issue a report,
            based on the study under paragraph (1) or other information
            relating to electric transmission capacity constraints and
            congestion, which may designate as a national interest electric
            transmission corridor any geographic area that--
                    ``(i) is experiencing electric energy transmission
                capacity constraints or congestion that adversely affects
                consumers; or
                    ``(ii) is expected to experience such energy
                transmission capacity constraints or congestion.'';
            (3) in paragraph (3)--
                (A) by striking ``The Secretary shall conduct the study and
            issue the report in consultation'' and inserting ``Not less
            frequently than once every 3 years, the Secretary, in
            conducting the study under paragraph (1) and issuing the report
            under paragraph (2), shall consult''; and
            (4) in paragraph (4)--
                (A) in subparagraph (C), by inserting ``or energy
            security'' after ``independence'';
                (B) in subparagraph (D), by striking ``and'' at the end;
                (C) in subparagraph (E), by striking the period at the end
            and inserting a semicolon; and
                (D) by adding at the end the following:
            ``(F) the designation would enhance the ability of facilities
        that generate or transmit firm or intermittent energy to connect to
        the electric grid;
            ``(G) the designation--
                ``(i) maximizes existing rights-of-way; and
                ``(ii) avoids and minimizes, to the maximum extent
            practicable, and offsets to the extent appropriate and
            practicable, sensitive environmental areas and cultural
            heritage sites; and
            ``(H) the designation would result in a reduction in the cost
        to purchase electric energy for consumers.''.
        (b) Construction Permit.--Section 216(b) of the Federal Power Act
    (16 U.S.C. 824p(b)) is amended--
            (1) in paragraph (1)--
                (A) in subparagraph (A)(ii), by inserting ``or
            interregional benefits'' after ``interstate benefits''; and
                (B) by striking subparagraph (C) and inserting the
            following:
            ``(C) a State commission or other entity that has authority to
        approve the siting of the facilities--
                ``(i) has not made a determination on an application
            seeking approval pursuant to applicable law by the date that is
            1 year after the later of--
                    ``(I) the date on which the application was filed; and
                    ``(II) the date on which the relevant national interest
                electric transmission corridor was designated by the
                Secretary under subsection (a);
                ``(ii) has conditioned its approval in such a manner that
            the proposed construction or modification will not
            significantly reduce transmission capacity constraints or
            congestion in interstate commerce or is not economically
            feasible; or
                ``(iii) has denied an application seeking approval pursuant
            to applicable law;''.
        (c) Rights-of-Way.--Section 216(e)(1) of the Federal Power Act (16
    U.S.C. 824p(e)(1)) is amended by striking ``modify the transmission
    facilities, the'' and inserting ``modify, and operate and maintain, the
    transmission facilities and, in the determination of the Commission,
    the permit holder has made good faith efforts to engage with landowners
    and other stakeholders early in the applicable permitting process,
    the''.
        (d) Interstate Compacts.--Section 216(i) of the Federal Power Act
    (16 U.S.C. 824p(i)) is amended--
            (1) in paragraph (2), by striking ``may'' and inserting
        ``shall''; and
            (2) in paragraph (4), by striking ``the members'' and all that
        follows through the period at the end and inserting the following:
        ``the Secretary determines that the members of the compact are in
        disagreement after the later of--
                ``(A) the date that is 1 year after the date on which the
            relevant application for the facility was filed; and
                ``(B) the date that is 1 year after the date on which the
            relevant national interest electric transmission corridor was
            designated by the Secretary under subsection (a).''.
    SEC. 40106. TRANSMISSION FACILITATION PROGRAM.
        (a) Definitions.--In this section:
            (1) Capacity contract.--The term ``capacity contract'' means a
        contract entered into by the Secretary and an eligible entity under
        subsection (e)(1)(A) for the right to the use of the transmission
        capacity of an eligible project.
            (2) Eligible electric power transmission line.--The term
        ``eligible electric power transmission line'' means an electric
        power transmission line that is capable of transmitting not less
        than--
                (A) 1,000 megawatts; or
                (B) in the case of a project that consists of upgrading an
            existing transmission line or constructing a new transmission
            line in an existing transmission, transportation, or
            telecommunications infrastructure corridor, 500 megawatts.
            (3) Eligible entity.--The term ``eligible entity'' means an
        entity seeking to carry out an eligible project.
            (4) Eligible project.--The term ``eligible project'' means a
        project (including any related facility)--
                (A) to construct a new or replace an existing eligible
            electric power transmission line;
                (B) to increase the transmission capacity of an existing
            eligible electric power transmission line; or
                (C) to connect an isolated microgrid to an existing
            transmission, transportation, or telecommunications
            infrastructure corridor located in Alaska, Hawaii, or a
            territory of the United States.
            (5) Fund.--The term ``Fund'' means the Transmission
        Facilitation Fund established by subsection (d)(1).
            (6) Program.--The term ``program'' means the Transmission
        Facilitation Program established by subsection (b).
            (7) Related facility.--
                (A) In general.--The term ``related facility'' means a
            facility related to an eligible project described in paragraph
            (4).
                (B) Exclusions.--The term ``related facility'' does not
            include--
                    (i) facilities used primarily to generate electric
                energy; or
                    (ii) facilities used in the local distribution of
                electric energy.
        (b) Establishment.--There is established a program, to be known as
    the ``Transmission Facilitation Program'', under which the Secretary
    shall facilitate the construction of electric power transmission lines
    and related facilities in accordance with subsection (e).
        (c) Applications.--
            (1) In general.--To be eligible for assistance under this
        section, an eligible entity shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (2) Procedures.--The Secretary shall establish procedures for
        the solicitation and review of applications from eligible entities.
        (d) Funding.--
            (1) Transmission facilitation fund.--There is established in
        the Treasury a fund, to be known as the ``Transmission Facilitation
        Fund'', consisting of--
                (A) all amounts received by the Secretary, including
            receipts, collections, and recoveries, from any source relating
            to expenses incurred by the Secretary in carrying out the
            program, including--
                    (i) costs recovered pursuant to paragraph (4);
                    (ii) amounts received as repayment of a loan issued to
                an eligible entity under subsection (e)(1)(B); and
                    (iii) amounts contributed by eligible entities for the
                purpose of carrying out an eligible project with respect to
                which the Secretary is participating with the eligible
                entity under subsection (e)(1)(C);
                (B) all amounts borrowed from the Secretary of the Treasury
            by the Secretary for the program under paragraph (2); and
                (C) any amounts appropriated to the Secretary for the
            program.
            (2) Borrowing authority.--The Secretary of the Treasury may,
        without further appropriation and without fiscal year limitation,
        loan to the Secretary on such terms as may be fixed by the
        Secretary and the Secretary of the Treasury, such sums as, in the
        judgment of the Secretary, are from time to time required for the
        purpose of carrying out the program, not to exceed, in the
        aggregate (including deferred interest), $2,500,000,000 in
        outstanding repayable balances at any 1 time.
            (3) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the program, including
        for any administrative expenses of carrying out the program that
        are not recovered under paragraph (4), $10,000,000 for each of
        fiscal years 2022 through 2026.
            (4) Cost recovery.--
                (A) In general.--Except as provided in subparagraph (B),
            the cost of any facilitation activities carried out by the
            Secretary under subsection (e)(1) shall be collected--
                    (i) from eligible entities receiving the benefit of the
                applicable facilitation activity, on a schedule to be
                determined by the Secretary; or
                    (ii) with respect to a contracted transmission capacity
                under subsection (e)(1)(A) through rates charged for the
                use of the contracted transmission capacity.
                (B) Forgiveness of balances.--
                    (i) Termination or end of useful life.--If, at the end
                of the useful life of an eligible project or the
                termination of a capacity contract under subsection (f)(5),
                there is a remaining balance owed to the Treasury under
                this section, the balance shall be forgiven.
                    (ii) Unconstructed projects.--Funds expended to study
                projects that are considered pursuant to this section but
                that are not constructed shall be forgiven.
                (C) Recovery of costs of eligible projects.--The Secretary
            may collect the costs of any activities carried out by the
            Secretary with respect to an eligible project in which the
            Secretary participates with an eligible entity under subsection
            (e)(1)(C) through rates charged to customers benefitting from
            the new transmission capability provided by the eligible
            project.
        (e) Facilitation of Eligible Projects.--
            (1) In general.--To facilitate eligible projects, the Secretary
        may--
                (A) subject to subsections (f) and (i), enter into a
            capacity contract with respect to an eligible project prior to
            the date on which the eligible project is completed;
                (B) subject to subsections (g) and (i), issue a loan to an
            eligible entity for the costs of carrying out an eligible
            project; or
                (C) subject to subsections (h) and (i), participate with an
            eligible entity in designing, developing, constructing,
            operating, maintaining, or owning an eligible project.
            (2) Requirement.--The provision and receipt of assistance for
        an eligible project under paragraph (1) shall be subject to such
        terms and conditions as the Secretary determines to be
        appropriate--
                (A) to ensure the success of the program; and
                (B) to protect the interests of the United States.
        (f) Capacity Contracts.--
            (1) Purpose.--In entering into capacity contracts under
        subsection (e)(1)(A), the Secretary shall seek to enter into
        capacity contracts that will encourage other entities to enter into
        contracts for the transmission capacity of the eligible project.
            (2) Payment.--The amount paid by the Secretary to an eligible
        entity under a capacity contract for the right to the use of the
        transmission capacity of an eligible project shall be--
                (A) the fair market value for the use of the transmission
            capacity, as determined by the Secretary, taking into account,
            as the Secretary determines to be necessary, the comparable
            value for the use of the transmission capacity of other
            electric power transmission lines; and
                (B) on a schedule and in such divided amounts, which may be
            a single amount, that the Secretary determines are likely to
            facilitate construction of the eligible project, taking into
            account standard industry practice and factors specific to each
            applicant, including, as applicable--
                    (i) potential review by a State regulatory entity of
                the revenue requirement of an electric utility; and
                    (ii) the financial model of an independent transmission
                developer.
            (3) Limitations.--A capacity contract shall--
                (A) be for a term of not more than 40 years; and
                (B) be for not more than 50 percent of the total proposed
            transmission capacity of the applicable eligible project.
            (4) Transmission marketing.--
                (A) In general.--If the Secretary has not terminated a
            capacity contract under paragraph (5) before the applicable
            eligible project enters into service, the Secretary may enter
            into 1 or more contracts with a third party to market the
            transmission capacity of the eligible project to which the
            Secretary holds rights under the capacity contract.
                (B) Return.--Subject to subparagraph (D), the Secretary
            shall seek to ensure that any contract entered into under
            subparagraph (A) maximizes the financial return to the Federal
            Government.
                (C) Competitive solicitation.--The Secretary shall only
            select third parties for contracts under this paragraph through
            a competitive solicitation.
                (D) Requirement.--The marketing of capacity pursuant to
            this subsection, including any marketing by a third party under
            subparagraph (A), shall be undertaken consistent with the
            requirements of the Federal Power Act (16 U.S.C. 791a et seq.).
            (5) Termination.--
                (A) In general.--The Secretary shall seek to terminate a
            capacity contract as soon as practicable after determining that
            sufficient transmission capacity of the eligible project has
            been secured by other entities to ensure the long-term
            financial viability of the eligible project, including through
            1 or more transfers under subparagraph (B).
                (B) Transfer.--On payment to the Secretary by a third party
            for transmission capacity to which the Secretary has rights
            under a capacity contract, the Secretary may transfer the
            rights to that transmission capacity to that third party.
                (C) Relinquishment.--On payment to the Secretary by the
            applicable eligible entity for transmission capacity to which
            the Secretary has rights under a capacity contract, the
            Secretary may relinquish the rights to that transmission
            capacity to the eligible entity.
                (D) Requirement.--A payment under subparagraph (B) or (C)
            shall be in an amount sufficient for the Secretary to recover
            any remaining costs incurred by the Secretary with respect to
            the quantity of transmission capacity affected by the transfer
            under subparagraph (B) or the relinquishment under subparagraph
            (C), as applicable.
            (6) Other federal capacity positions.--The existence of a
        capacity contract does not preclude a Federal entity, including a
        Federal power marketing administration, from otherwise securing
        transmission capacity at any time from an eligible project, to the
        extent that the Federal entity is authorized to secure that
        transmission capacity.
            (7) Form of financial assistance.--Entering into a capacity
        contract under subsection (e)(1)(A) shall be considered a form of
        financial assistance described in section 1508.1(q)(1)(vii) of
        title 40, Code of Federal Regulations (as in effect on the date of
        enactment of this Act).
            (8) Transmission planning region consultation.--Prior to
        entering into a capacity contract under this subsection, the
        Secretary shall consult with the relevant transmission planning
        region regarding the transmission planning region's identification
        of needs, and the Secretary shall minimize, to the extent possible,
        duplication or conflict with the transmission planning region's
        needs determination and selection of projects that meet such needs.
        (g) Interest Rate on Loans.--The rate of interest to be charged in
    connection with any loan made by the Secretary to an eligible entity
    under subsection (e)(1)(B) shall be fixed by the Secretary, taking into
    consideration market yields on outstanding marketable obligations of
    the United States of comparable maturities as of the date of the loan.
        (h) Public-private Partnerships.--The Secretary may participate
    with an eligible entity with respect to an eligible project under
    subsection (e)(1)(C) if the Secretary determines that the eligible
    project--
            (1)(A) is located in an area designated as a national interest
        electric transmission corridor pursuant to section 216(a) of the
        Federal Power Act 16 U.S.C. 824p(a); or
            (B) is necessary to accommodate an actual or projected increase
        in demand for electric transmission capacity across more than 1
        State or transmission planning region;
            (2) is consistent with efficient and reliable operation of the
        transmission grid;
            (3) will be operated in conformance with prudent utility
        practices;
            (4) will be operated in conformance with the rules of--
                (A) a Transmission Organization (as defined in section 3 of
            the Federal Power Act (16 U.S.C. 796)), if applicable; or
                (B) a regional reliability organization; and
            (5) is not duplicative of the functions of existing
        transmission facilities that are the subject of ongoing siting and
        related permitting proceedings.
        (i) Certification.--Prior to taking action to facilitate an
    eligible project under subparagraph (A), (B), or (C) of subsection
    (e)(1), the Secretary shall certify that--
            (1) the eligible project is in the public interest;
            (2) the eligible project is unlikely to be constructed in as
        timely a manner or with as much transmission capacity in the
        absence of facilitation under this section, including with respect
        to an eligible project for which a Federal investment tax credit
        may be allowed; and
            (3) it is reasonable to expect that the proceeds from the
        eligible project will be adequate, as applicable--
                (A) to recover the cost of a capacity contract entered into
            under subsection (e)(1)(A);
                (B) to repay a loan provided under subsection (e)(1)(B); or
                (C) to repay any amounts borrowed from the Secretary of the
            Treasury under subsection (d)(2).
        (j) Other Authorities, Limitations, and Effects.--
            (1) Participation.--The Secretary may permit other entities to
        participate in the financing, construction, and ownership of
        eligible projects facilitated under this section.
            (2) Operations and maintenance.--Facilitation by the Secretary
        of an eligible project under this section does not create any
        obligation on the part of the Secretary to operate or maintain the
        eligible project.
            (3) Federal facilities.--For purposes of cost recovery under
        subsection (d)(4) and repayment of a loan issued under subsection
        (e)(1)(B), each eligible project facilitated by the Secretary under
        this section shall be treated as separate and distinct from--
                (A) each other eligible project; and
                (B) all other Federal power and transmission facilities.
            (4) Effect on ancillary services authority and obligations.--
        Nothing in this section confers on the Secretary or any Federal
        power marketing administration any additional authority or
        obligation to provide ancillary services to users of transmission
        facilities constructed or upgraded under this section.
            (5) Effect on western area power administration projects.--
        Nothing in this section affects--
                (A) any pending project application before the Western Area
            Power Administration under section 301 of the Hoover Power
            Plant Act of 1984 (42 U.S.C. 16421a); or
                (B) any agreement entered into by the Western Power
            Administration under that section.
            (6) Third-party finance.--Nothing in this section precludes an
        eligible project facilitated under this section from being eligible
        as a project under section 1222 of the Energy Policy Act of 2005
        (42 U.S.C. 16421).
            (7) Limitation on loans.--An eligible project may not be the
        subject of both--
                (A) a loan under subsection (e)(1)(B); and
                (B) a Federal loan under section 301 of the Hoover Power
            Plant Act of 1984 (42 U.S.C. 16421a).
            (8) Considerations.--In evaluating eligible projects for
        possible facilitation under this section, the Secretary shall
        prioritize projects that, to the maximum extent practicable--
                (A) use technology that enhances the capacity, efficiency,
            resiliency, or reliability of an electric power transmission
            system, including--
                    (i) reconductoring of an existing electric power
                transmission line with advanced conductors; and
                    (ii) hardware or software that enables dynamic line
                ratings, advanced power flow control, or grid topology
                optimization;
                (B) will improve the resiliency and reliability of an
            electric power transmission system;
                (C) facilitate interregional transfer capacity that
            supports strong and equitable economic growth; and
                (D) contribute to national or subnational goals to lower
            electricity sector greenhouse gas emissions.
    SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID FLEXIBILITY.
        (a) In General.--Section 1306 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17386) is amended--
            (1) in subsection (b)--
                (A) in the matter preceding paragraph (1), by striking
            ``the date of enactment of this Act'' and inserting ``the date
            of enactment of the Infrastructure Investment and Jobs Act'';
                (B) by redesignating paragraph (9) as paragraph (14); and
                (C) by inserting after paragraph (8) the following:
            ``(9) In the case of data analytics that enable software to
        engage in Smart Grid functions, the documented purchase costs of
        the data analytics.
            ``(10) In the case of buildings, the documented expenses for
        devices and software, including for installation, that allow
        buildings to engage in demand flexibility or Smart Grid functions.
            ``(11) In the case of utility communications, operational fiber
        and wireless broadband communications networks to enable data flow
        between distribution system components.
            ``(12) In the case of advanced transmission technologies such
        as dynamic line rating, flow control devices, advanced conductors,
        network topology optimization, or other hardware, software, and
        associated protocols applied to existing transmission facilities
        that increase the operational transfer capacity of a transmission
        network, the documented expenditures to purchase and install those
        advanced transmission technologies.
            ``(13) In the case of extreme weather or natural disasters, the
        ability to redirect or shut off power to minimize blackouts and
        avoid further damage.''; and
            (2) in subsection (d)--
                (A) by redesignating paragraph (9) as paragraph (16); and
                (B) by inserting after paragraph (8) the following:
            ``(9) The ability to use data analytics and software-as-service
        to provide flexibility by improving the visibility of the
        electrical system to grid operators that can help quickly rebalance
        the electrical system with autonomous controls.
            ``(10) The ability to facilitate the aggregation or integration
        of distributed energy resources to serve as assets for the grid.
            ``(11) The ability to provide energy storage to meet
        fluctuating electricity demand, provide voltage support, and
        integrate intermittent generation sources, including vehicle-to-
        grid technologies.
            ``(12) The ability of hardware, software, and associated
        protocols applied to existing transmission facilities to increase
        the operational transfer capacity of a transmission network.
            ``(13) The ability to anticipate and mitigate impacts of
        extreme weather or natural disasters on grid resiliency.
            ``(14) The ability to facilitate the integration of renewable
        energy resources, electric vehicle charging infrastructure, and
        vehicle-to-grid technologies.
            ``(15) The ability to reliably meet increased demand from
        electric vehicles and the electrification of appliances and other
        sectors.''.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out the Smart Grid Investment
    Matching Grant Program established under section 1306(a) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17386(a))
    $3,000,000,000 for fiscal year 2022, to remain available through
    September 30, 2026.
    SEC. 40108. STATE ENERGY SECURITY PLANS.
        (a) In General.--Part D of title III of the Energy Policy and
    Conservation Act (42 U.S.C. 6321 et seq.) is amended--
            (1) in section 361--
                (A) by striking the section designation and heading and all
            that follows through ``The Congress'' and inserting the
            following:
        ``SEC. 361. FINDINGS; PURPOSE; DEFINITIONS.
        ``(a) Findings.--Congress'';
                (B) in subsection (b), by striking ``(b) It is'' and
            inserting the following:
        ``(b) Purpose.--It is''; and
                (C) by adding at the end the following:
        ``(c) Definitions.--In this part:'';
            (2) in section 366--
                (A) in paragraph (3)(B)(i), by striking ``approved under
            section 367, and'' ; and inserting ``; and'';
                (B) in each of paragraphs (1) through (8), by inserting a
            paragraph heading, the text of which is comprised of the term
            defined in the paragraph; and
                (C) by redesignating paragraphs (6) and (7) as paragraphs
            (7) and (6), respectively, and moving the paragraphs so as to
            appear in numerical order;
            (3) by moving paragraphs (1) through (8) of section 366 (as so
        redesignated) so as to appear after subsection (c) of section 361
        (as designated by paragraph (1)(C)); and
            (4) by amending section 366 to read as follows:
        ``SEC. 366. STATE ENERGY SECURITY PLANS.
        ``(a) Definitions.--In this section:
            ``(1) Bulk-power system.--The term `bulk-power system' has the
        meaning given the term in section 215(a) of the Federal Power Act
        (16 U.S.C. 824o(a)).
            ``(2) State energy security plan.--The term `State energy
        security plan' means a State energy security plan described in
        subsection (b).
        ``(b) Financial Assistance for State Energy Security Plans.--
    Federal financial assistance made available to a State under this part
    may be used for the development, implementation, review, and revision
    of a State energy security plan that--
            ``(1) assesses the existing circumstances in the State; and
            ``(2) proposes methods to strengthen the ability of the State,
        in consultation with owners and operators of energy infrastructure
        in the State--
                ``(A) to secure the energy infrastructure of the State
            against all physical and cybersecurity threats;
                ``(B)(i) to mitigate the risk of energy supply disruptions
            to the State; and
                ``(ii) to enhance the response to, and recovery from,
            energy disruptions; and
                ``(C) to ensure that the State has reliable, secure, and
            resilient energy infrastructure.
        ``(c) Contents of Plan.--A State energy security plan shall--
            ``(1) address all energy sources and regulated and unregulated
        energy providers;
            ``(2) provide a State energy profile, including an assessment
        of energy production, transmission, distribution, and end-use;
            ``(3) address potential hazards to each energy sector or
        system, including--
                ``(A) physical threats and vulnerabilities; and
                ``(B) cybersecurity threats and vulnerabilities;
            ``(4) provide a risk assessment of energy infrastructure and
        cross-sector interdependencies;
            ``(5) provide a risk mitigation approach to enhance reliability
        and end-use resilience; and
            ``(6)(A) address--
                ``(i) multi-State and regional coordination, planning, and
            response; and
                ``(ii) coordination with Indian Tribes with respect to
            planning and response; and
            ``(B) to the extent practicable, encourage mutual assistance in
        cyber and physical response plans.
        ``(d) Coordination.--In developing or revising a State energy
    security plan, the State energy office of the State shall coordinate,
    to the extent practicable, with--
            ``(1) the public utility or service commission of the State;
            ``(2) energy providers from the private and public sectors; and
            ``(3) other entities responsible for--
                ``(A) maintaining fuel or electric reliability; and
                ``(B) securing energy infrastructure.
        ``(e) Financial Assistance.--A State is not eligible to receive
    Federal financial assistance under this part for any purpose for a
    fiscal year unless the Governor of the State submits to the Secretary,
    with respect to that fiscal year--
            ``(1) a State energy security plan that meets the requirements
        of subsection (c); or
            ``(2) after an annual review, carried out by the Governor, of a
        State energy security plan--
                ``(A) any necessary revisions to the State energy security
            plan; or
                ``(B) a certification that no revisions to the State energy
            security plan are necessary.
        ``(f) Technical Assistance.--On request of the Governor of a State,
    the Secretary, in consultation with the Secretary of Homeland Security,
    may provide information, technical assistance, and other assistance in
    the development, implementation, or revision of a State energy security
    plan.
        ``(g) Requirement.--Each State receiving Federal financial
    assistance under this part shall provide reasonable assurance to the
    Secretary that the State has established policies and procedures
    designed to assure that the financial assistance will be used--
            ``(1) to supplement, and not to supplant, State and local
        funds; and
            ``(2) to the maximum extent practicable, to increase the amount
        of State and local funds that otherwise would be available, in the
        absence of the Federal financial assistance, for the implementation
        of a State energy security plan.
        ``(h) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
            ``(1) shall be exempt from disclosure under section 552(b)(3)
        of title 5, United States Code; and
            ``(2) shall not be made available by any Federal agency, State,
        political subdivision of a State, or Tribal authority pursuant to
        any Federal, State, political subdivision of a State, or Tribal
        law, respectively, requiring public disclosure of information or
        records.
        ``(i) Sunset.--The requirements of this section shall expire on
    October 31, 2025.''.
        (b) Clerical Amendments.--The table of contents of the Energy
    Policy and Conservation Act (Public Law 94-163; 89 Stat. 872) is
    amended--
            (1) by striking the item relating to section 361 and inserting
        the following:
    ``Sec. 361. Findings; purpose; definitions.''; and

            (2) by striking the item relating to section 366 and inserting
        the following:
    ``Sec. 366. State energy security plans.''.

        (c) Conforming Amendments.--
            (1) Section 509(i)(3) of the Housing and Urban Development Act
        of 1970 (12 U.S.C. 1701z-8(i)(3)) is amended by striking
        ``prescribed for such terms in section 366 of the Energy Policy and
        Conservation Act'' and inserting ``given the terms in section
        361(c) of the Energy Policy and Conservation Act''.
            (2) Section 363 of the Energy Policy and Conservation Act (42
        U.S.C. 6323) is amended--
                (A) by striking subsection (e); and
                (B) by redesignating subsection (f) as subsection (e).
            (3) Section 451(i)(3) of the Energy Conservation and Production
        Act (42 U.S.C. 6881(i)(3)) is amended by striking ``prescribed for
        such terms in section 366 of the Federal Energy Policy and
        Conservation Act'' and inserting ``given the terms in section
        361(c) of the Energy Policy and Conservation Act''.
    SEC. 40109. STATE ENERGY PROGRAM.
        (a) Collaborative Transmission Siting.--Section 362(c) of the
    Energy Policy and Conservation Act (42 U.S.C. 6322(c)) is amended--
            (1) in paragraph (5), by striking ``and'' at the end;
            (2) in paragraph (6), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) the mandatory conduct of activities to support
        transmission and distribution planning, including--
                ``(A) support for local governments and Indian Tribes;
                ``(B) feasibility studies for transmission line routes and
            alternatives;
                ``(C) preparation of necessary project design and permits;
            and
                ``(D) outreach to affected stakeholders.''.
        (b) State Energy Conservation Plans.--Section 362(d) of the Energy
    Policy and Conservation Act (42 U.S.C. 6322(d)) is amended by striking
    paragraph (3) and inserting the following:
            ``(3) programs to increase transportation energy efficiency,
        including programs to help reduce carbon emissions in the
        transportation sector by 2050 and accelerate the use of alternative
        transportation fuels for, and the electrification of, State
        government vehicles, fleet vehicles, taxis and ridesharing
        services, mass transit, school buses, ferries, and privately owned
        passenger and medium- and heavy-duty vehicles;''.
        (c) Authorization of Appropriations for State Energy Program.--
    Section 365 of the Energy Policy and Conservation Act (42 U.S.C. 6325)
    is amended by striking subsection (f) and inserting the following:
        ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out this part $500,000,000 for the period of fiscal years
        2022 through 2026.
            ``(2) Distribution.--Amounts made available under paragraph
        (1)--
                ``(A) shall be distributed to the States in accordance with
            the applicable distribution formula in effect on January 1,
            2021; and
                ``(B) shall not be subject to the matching requirement
            described in the first proviso of the matter under the heading
            `energy conservation' under the heading `DEPARTMENT OF ENERGY'
            in title II of the Department of the Interior and Related
            Agencies Appropriations Act, 1985 (42 U.S.C. 6323a).''.
    SEC. 40110. POWER MARKETING ADMINISTRATION TRANSMISSION BORROWING
    AUTHORITY.
        (a) Borrowing Authority.--
            (1) In general.--Subject to paragraph (2), for the purposes of
        providing funds to assist in the financing of the construction,
        acquisition, and replacement of the Federal Columbia River Power
        System and to implement the authority of the Administrator of the
        Bonneville Power Administration (referred to in this section as the
        ``Administrator'') under the Pacific Northwest Electric Power
        Planning and Conservation Act (16 U.S.C. 839 et seq.), an
        additional $10,000,000,000 in borrowing authority is made available
        under the Federal Columbia River Transmission System Act (16 U.S.C.
        838 et seq.), to remain outstanding at any 1 time.
            (2) Limitation.--The obligation of additional borrowing
        authority under paragraph (1) shall not exceed $6,000,000,000 by
        fiscal year 2028.
        (b) Financial Plan.--
            (1) In general.--The Administrator shall issue an updated
        financial plan by the end of fiscal year 2022.
            (2) Requirement.--As part of the process of issuing an updated
        financial plan under paragraph (1), the Administrator shall--
                (A) consistent with asset management planning and sound
            business principles, consider projected and planned use and
            allocation of the borrowing authority of the Administrator
            across the mission responsibilities of the Bonneville Power
            Administration; and
                (B) before issuing the final updated financial plan--
                    (i) engage, in a manner determined by the
                Administrator, with customers with respect to a draft of
                the updated plan; and
                    (ii) consider as a relevant factor any recommendations
                from customers regarding prioritization of asset
                investments.
        (c) Stakeholder Engagement.--The Administrator shall--
            (1) engage, in a manner determined by the Administrator, with
        customers and stakeholders with respect to the financial and cost
        management efforts of the Administrator through periodic program
        reviews; and
            (2) to the maximum extent practicable, implement those policies
        that would be expected to be consistent with the lowest possible
        power and transmission rates consistent with sound business
        principles.
        (d) Repayment.--Any additional Treasury borrowing authority
    received under this section shall be fully repaid to the Treasury in a
    manner consistent with the applicable self-financed Federal budget
    accounts.
    SEC. 40111. STUDY OF CODES AND STANDARDS FOR USE OF ENERGY STORAGE
    SYSTEMS ACROSS SECTORS.
        (a) In General.--The Secretary shall conduct a study of types and
    commercial applications of codes and standards applied to--
            (1) stationary energy storage systems;
            (2) mobile energy storage systems; and
            (3) energy storage systems that move between stationary and
        mobile applications, such as electric vehicle batteries or
        batteries repurposed for new applications.
        (b) Purposes.--The purposes of the study conducted under subsection
    (a) shall be--
            (1) to identify barriers, foster collaboration, and increase
        conformity across sectors relating to--
                (A) use of emerging energy storage technologies; and
                (B) use cases, such as vehicle-to-grid integration;
            (2) to identify all existing codes and standards that apply to
        energy storage systems;
            (3) to identify codes and standards that require revision or
        enhancement;
            (4) to enhance the safe implementation of energy storage
        systems; and
            (5) to receive formal input from stakeholders regarding--
                (A) existing codes and standards; and
                (B) new or revised codes and standards.
        (c) Consultation.--In conducting the study under subsection (a),
    the Secretary shall consult with all relevant standards-developing
    organizations and other entities with expertise regarding energy
    storage system safety.
        (d) Report.--Not later than 18 months after the date of enactment
    of this Act, the Secretary shall submit to Congress a report describing
    the results of the study conducted under subsection (a).
    SEC. 40112. DEMONSTRATION OF ELECTRIC VEHICLE BATTERY SECOND-LIFE
    APPLICATIONS FOR GRID SERVICES.
        Section 3201(c) of the Energy Act of 2020 (42 U.S.C. 17232(c)) is
    amended--
            (1) in paragraph (1)--
                (A) by striking the period at the end and inserting ``;
            and'';
                (B) by striking ``including at'' and inserting the
            following: ``including--
                ``(A) at''; and
                (C) by adding at the end the following:
                ``(B) 1 project to demonstrate second-life applications of
            electric vehicle batteries as aggregated energy storage
            installations to provide services to the electric grid, in
            accordance with paragraph (3).'';
            (2) by redesignating paragraphs (3) and (4) as paragraphs (4)
        and (5), respectively; and
            (3) by inserting after paragraph (2) the following:
            ``(3) Demonstration of electric vehicle battery second-life
        applications for grid services.--
                ``(A) In general.--The Secretary shall enter into an
            agreement to carry out a project to demonstrate second-life
            applications of electric vehicle batteries as aggregated energy
            storage installations to provide services to the electric grid.
                ``(B) Purposes.--The purposes of the project under
            subparagraph (A) shall be--
                    ``(i) to demonstrate power safety and the reliability
                of the applications demonstrated under the program;
                    ``(ii) to demonstrate the ability of electric vehicle
                batteries--

                        ``(I) to provide ancillary services for grid
                    stability and management; and
                        ``(II) to reduce the peak loads of homes and
                    businesses;

                    ``(iii) to extend the useful life of electric vehicle
                batteries and the components of electric vehicle batteries
                prior to the collection, recycling, and reprocessing of the
                batteries and components; and
                    ``(iv) to increase acceptance of, and participation in,
                the use of second-life applications of electric vehicle
                batteries by utilities.
                ``(C) Priority.--In selecting a project to carry out under
            subparagraph (A), the Secretary shall give priority to projects
            in which the demonstration of the applicable second-life
            applications is paired with 1 or more facilities that could
            particularly benefit from increased resiliency and lower energy
            costs, such as a multi-family affordable housing facility, a
            senior care facility, and a community health center.''.
    SEC. 40113. COLUMBIA BASIN POWER MANAGEMENT.
        (a) Definitions.--In this section:
            (1) Account.--The term ``Account'' means the account
        established by subsection (b)(1).
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of the Bonneville Power Administration.
            (3) Canadian entitlement.--The term ``Canadian Entitlement''
        means the downstream power benefits that Canada is entitled to
        under Article V of the Treaty Relating to Cooperative Development
        of the Water Resources of the Columbia River Basin, signed at
        Washington January 17, 1961 (15 UST 1555; TIAS 5638).
        (b) Transmission Coordination and Expansion.--
            (1) Establishment.--There is established in the Treasury an
        account for the purposes of making expenditures to increase
        bilateral transfers of renewable electric generation between the
        western United States and Canada.
            (2) Criteria.--
                (A) In general.--The Administrator may make expenditures
            from the Account for activities to improve electric power
            system coordination by constructing electric power transmission
            facilities within the western United States that directly or
            indirectly facilitate non-carbon emitting electric power
            transactions between the western United States and Canada.
                (B) Application.--Subparagraph (A) shall be effective after
            the later of--
                    (i) September 16, 2024; and
                    (ii) the date on which the Canadian entitlement value
                calculation is terminated or reduced to the actual electric
                power value to the United States, as determined by the
                Administrator.
            (3) Consultation.--The Administrator shall consult with
        relevant electric utilities in Canada and appropriate regional
        transmission planning organizations in considering the construction
        of transmission activities under this subsection.
            (4) Authorization.--There is authorized to be appropriated to
        the Account a nonreimburseable amount equal to the aggregated
        amount of the Canadian Entitlement during the 5-year period
        preceding the date of enactment of this Act.
        (c) Increased Hydroelectric Capacity.--
            (1) In general.--The Commissioner of Reclamation shall
        rehabilitate and enhance the John W. Keys III Pump Generating
        Plant--
                (A) to replace obsolete equipment;
                (B) to maintain reliability and improve efficiency in
            system performance and operation;
                (C) to create more hydroelectric power capacity in the
            Pacific Northwest; and
                (D) to ensure the availability of water for irrigation in
            the event that Columbia River water flows from British Columbia
            into the United States are insufficient after September 16,
            2024.
            (2) Authorization of appropriations.--There is authorized to be
        appropriated $100,000,000, which shall be nonreimburseable, to
        carry out this subsection.
        (d) Power Coordination Study.--
            (1) In general.--The Administrator shall conduct a study
        considering the potential hydroelectric power value to the Pacific
        Northwest of increasing the coordination of the operation of
        hydroelectric and water storage facilities on rivers located in the
        United States and Canada.
            (2) Criteria.--The study conducted under paragraph (1) shall
        analyze--
                (A) projected changes to the Pacific Northwest electricity
            supply;
                (B) potential reductions in greenhouse gas emissions;
                (C) any potential need to increase transmission capacity;
            and
                (D) any other factor the Administrator considers to be
            relevant for increasing bilateral coordination.
            (3) Coordination.--In conducting the study under paragraph (1),
        the Administrator shall coordinate, to the extent practicable,
        with--
                (A) the British Columbia or a crown corporation owned by
            British Columbia;
                (B) the Assistant Secretary;
                (C) the Commissioner of Reclamation; and
                (D) any public utility districts that operate hydroelectric
            projects on the mainstem of the Columbia River.
            (4) Authorization of appropriations.--There is authorized to be
        appropriated $10,000,000, which shall be nonreimburseable, to carry
        out this subsection.

                           Subtitle B--Cybersecurity

    SEC. 40121. ENHANCING GRID SECURITY THROUGH PUBLIC-PRIVATE
    PARTNERSHIPS.
        (a) Definitions.--In this section:
            (1) Bulk-power system; electric reliability organization.--The
        terms ``bulk-power system'' and ``Electric Reliability
        Organization'' has the meaning given the terms in section 215(a) of
        the Federal Power Act (16 U.S.C. 824o(a)).
            (2) Electric utility; state regulatory authority.--The terms
        ``electric utility'' and ``State regulatory authority'' have the
        meanings given the terms in section 3 of the Federal Power Act (16
        U.S.C. 796).
        (b) Program to Promote and Advance Physical Security and
    Cybersecurity of Electric Utilities.--
            (1) Establishment.--The Secretary, in coordination with the
        Secretary of Homeland Security and in consultation with, as the
        Secretary determines to be appropriate, the heads of other relevant
        Federal agencies, State regulatory authorities, industry
        stakeholders, and the Electric Reliability Organization, shall
        carry out a program--
                (A) to develop, and provide for voluntary implementation
            of, maturity models, self-assessments, and auditing methods for
            assessing the physical security and cybersecurity of electric
            utilities;
                (B) to assist with threat assessment and cybersecurity
            training for electric utilities;
                (C) to provide technical assistance for electric utilities
            subject to the program;
                (D) to provide training to electric utilities to address
            and mitigate cybersecurity supply chain management risks;
                (E) to advance, in partnership with electric utilities, the
            cybersecurity of third-party vendors that manufacture
            components of the electric grid;
                (F) to increase opportunities for sharing best practices
            and data collection within the electric sector; and
                (G) to assist, in the case of electric utilities that own
            defense critical electric infrastructure (as defined in section
            215A(a) of the Federal Power Act (16 U.S.C. 824o-1(a))), with
            full engineering reviews of critical functions and operations
            at both the utility and defense infrastructure levels--
                    (i) to identify unprotected avenues for cyber-enabled
                sabotage that would have catastrophic effects to national
                security; and
                    (ii) to recommend and implement engineering protections
                to ensure continued operations of identified critical
                functions even in the face of constant cyber attacks and
                achieved perimeter access by sophisticated adversaries.
            (2) Scope.--In carrying out the program under paragraph (1),
        the Secretary shall--
                (A) take into consideration--
                    (i) the different sizes of electric utilities; and
                    (ii) the regions that electric utilities serve;
                (B) prioritize electric utilities with fewer available
            resources due to size or region; and
                (C) to the maximum extent practicable, use and leverage--
                    (i) existing Department and Department of Homeland
                Security programs; and
                    (ii) existing programs of the Federal agencies
                determined to be appropriate under paragraph (1).
        (c) Report on Cybersecurity of Distribution Systems.--Not later
    than 1 year after the date of enactment of this Act, the Secretary, in
    coordination with the Secretary of Homeland Security and in
    consultation with, as the Secretary determines to be appropriate, the
    heads of other Federal agencies, State regulatory authorities, and
    industry stakeholders, shall submit to Congress a report that
    assesses--
            (1) priorities, policies, procedures, and actions for enhancing
        the physical security and cybersecurity of electricity distribution
        systems, including behind-the-meter generation, storage, and load
        management devices, to address threats to, and vulnerabilities of,
        electricity distribution systems; and
            (2) the implementation of the priorities, policies, procedures,
        and actions assessed under paragraph (1), including--
                (A) an estimate of potential costs and benefits of the
            implementation; and
                (B) an assessment of any public-private cost-sharing
            opportunities.
        (d) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) of
        title 5, United States Code; and
            (2) shall not be made available by any Federal agency, State,
        political subdivision of a State, or Tribal authority pursuant to
        any Federal, State, political subdivision of a State, or Tribal
        law, respectively, requiring public disclosure of information or
        records.
    SEC. 40122. ENERGY CYBER SENSE PROGRAM.
        (a) Definitions.--In this section:
            (1) Bulk-power system.--The term ``bulk-power system'' has the
        meaning given the term in section 215(a) of the Federal Power Act
        (16 U.S.C. 824o(a)).
            (2) Program.--The term ``program'' means the voluntary Energy
        Cyber Sense program established under subsection (b).
        (b) Establishment.--The Secretary, in coordination with the
    Secretary of Homeland Security and in consultation with the heads of
    other relevant Federal agencies, shall establish a voluntary Energy
    Cyber Sense program to test the cybersecurity of products and
    technologies intended for use in the energy sector, including in the
    bulk-power system.
        (c) Program Requirements.--In carrying out subsection (b), the
    Secretary, in coordination with the Secretary of Homeland Security and
    in consultation with the heads of other relevant Federal agencies,
    shall--
            (1) establish a testing process under the program to test the
        cybersecurity of products and technologies intended for use in the
        energy sector, including products relating to industrial control
        systems and operational technologies, such as supervisory control
        and data acquisition systems;
            (2) for products and technologies tested under the program,
        establish and maintain cybersecurity vulnerability reporting
        processes and a related database that are integrated with Federal
        vulnerability coordination processes;
            (3) provide technical assistance to electric utilities, product
        manufacturers, and other energy sector stakeholders to develop
        solutions to mitigate identified cybersecurity vulnerabilities in
        products and technologies tested under the program;
            (4) biennially review products and technologies tested under
        the program for cybersecurity vulnerabilities and provide analysis
        with respect to how those products and technologies respond to and
        mitigate cyber threats;
            (5) develop guidance that is informed by analysis and testing
        results under the program for electric utilities and other
        components of the energy sector for the procurement of products and
        technologies;
            (6) provide reasonable notice to, and solicit comments from,
        the public prior to establishing or revising the testing process
        under the program;
            (7) oversee the testing of products and technologies under the
        program; and
            (8) consider incentives to encourage the use of analysis and
        results of testing under the program in the design of products and
        technologies for use in the energy sector.
        (d) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any component
    of the energy sector, including any electric utility or the bulk-power
    system--
            (1) shall be exempt from disclosure under section 552(b)(3) of
        title 5, United States Code; and
            (2) shall not be made available by any Federal agency, State,
        political subdivision of a State, or Tribal authority pursuant to
        any Federal, State, political subdivision of a State, or Tribal
        law, respectively, requiring public disclosure of information or
        records.
        (e) Federal Government Liability.--Nothing in this section
    authorizes the commencement of an action against the United States with
    respect to the testing of a product or technology under the program.
    SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY
    INVESTMENT.
        Part II of the Federal Power Act is amended by inserting after
    section 219 (16 U.S.C. 824s) the following:
    ``SEC. 219A. INCENTIVES FOR CYBERSECURITY INVESTMENTS.
        ``(a) Definitions.--In this section:
            ``(1) Advanced cybersecurity technology.--The term `advanced
        cybersecurity technology' means any technology, operational
        capability, or service, including computer hardware, software, or a
        related asset, that enhances the security posture of public
        utilities through improvements in the ability to protect against,
        detect, respond to, or recover from a cybersecurity threat (as
        defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C.
        1501)).
            ``(2) Advanced cybersecurity technology information.--The term
        `advanced cybersecurity technology information' means information
        relating to advanced cybersecurity technology or proposed advanced
        cybersecurity technology that is generated by or provided to the
        Commission or another Federal agency.
        ``(b) Study.--Not later than 180 days after the date of enactment
    of this section, the Commission, in consultation with the Secretary of
    Energy, the North American Electric Reliability Corporation, the
    Electricity Subsector Coordinating Council, and the National
    Association of Regulatory Utility Commissioners, shall conduct a study
    to identify incentive-based, including performance-based, rate
    treatments for the transmission and sale of electric energy subject to
    the jurisdiction of the Commission that could be used to encourage--
            ``(1) investment by public utilities in advanced cybersecurity
        technology; and
            ``(2) participation by public utilities in cybersecurity threat
        information sharing programs.
        ``(c) Incentive-Based Rate Treatment.--Not later than 1 year after
    the completion of the study under subsection (b), the Commission shall
    establish, by rule, incentive-based, including performance-based, rate
    treatments for the transmission of electric energy in interstate
    commerce and the sale of electric energy at wholesale in interstate
    commerce by public utilities for the purpose of benefitting consumers
    by encouraging--
            ``(1) investments by public utilities in advanced cybersecurity
        technology; and
            ``(2) participation by public utilities in cybersecurity threat
        information sharing programs.
        ``(d) Factors for Consideration.--In issuing a rule pursuant to
    this section, the Commission may provide additional incentives beyond
    those identified in subsection (c) in any case in which the Commission
    determines that an investment in advanced cybersecurity technology or
    information sharing program costs will reduce cybersecurity risks to--
            ``(1) defense critical electric infrastructure (as defined in
        section 215A(a)) and other facilities subject to the jurisdiction
        of the Commission that are critical to public safety, national
        defense, or homeland security, as determined by the Commission in
        consultation with--
                ``(A) the Secretary of Energy;
                ``(B) the Secretary of Homeland Security; and
                ``(C) other appropriate Federal agencies; and
            ``(2) facilities of small or medium-sized public utilities with
        limited cybersecurity resources, as determined by the Commission.
        ``(e) Ratepayer Protection.--
            ``(1) In general.--Any rate approved under a rule issued
        pursuant to this section, including any revisions to that rule,
        shall be subject to the requirements of sections 205 and 206 that
        all rates, charges, terms, and conditions--
                ``(A) shall be just and reasonable; and
                ``(B) shall not be unduly discriminatory or preferential.
            ``(2) Prohibition of duplicate recovery.--Any rule issued
        pursuant to this section shall preclude rate treatments that allow
        unjust and unreasonable double recovery for advanced cybersecurity
        technology.
        ``(f) Single-Issue Rate Filings.--The Commission shall permit
    public utilities to apply for incentive-based rate treatment under a
    rule issued under this section on a single-issue basis by submitting to
    the Commission a tariff schedule under section 205 that permits
    recovery of costs and incentives over the depreciable life of the
    applicable assets, without regard to changes in receipts or other costs
    of the public utility.
        ``(g) Protection of Information.--Advanced cybersecurity technology
    information that is provided to, generated by, or collected by the
    Federal Government under subsection (b), (c), or (f) shall be
    considered to be critical electric infrastructure information under
    section 215A.''.
    SEC. 40124. RURAL AND MUNICIPAL UTILITY ADVANCED CYBERSECURITY GRANT
    AND TECHNICAL ASSISTANCE PROGRAM.
        (a) Definitions.--In this section:
            (1) Advanced cybersecurity technology.--The term ``advanced
        cybersecurity technology'' means any technology, operational
        capability, or service, including computer hardware, software, or a
        related asset, that enhances the security posture of electric
        utilities through improvements in the ability to protect against,
        detect, respond to, or recover from a cybersecurity threat (as
        defined in section 102 of the Cybersecurity Act of 2015 (6 U.S.C.
        1501)).
            (2) Bulk-power system.--The term ``bulk-power system'' has the
        meaning given the term in section 215(a) of the Federal Power Act
        (16 U.S.C. 824o(a)).
            (3) Eligible entity.--The term ``eligible entity'' means--
                (A) a rural electric cooperative;
                (B) a utility owned by a political subdivision of a State,
            such as a municipally owned electric utility;
                (C) a utility owned by any agency, authority, corporation,
            or instrumentality of 1 or more political subdivisions of a
            State;
                (D) a not-for-profit entity that is in a partnership with
            not fewer than 6 entities described in subparagraph (A), (B),
            or (C); and
                (E) an investor-owned electric utility that sells less than
            4,000,000 megawatt hours of electricity per year.
            (4) Program.--The term ``Program'' means the Rural and
        Municipal Utility Advanced Cybersecurity Grant and Technical
        Assistance Program established under subsection (b).
        (b) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary, in coordination with the
    Secretary of Homeland Security and in consultation with the Federal
    Energy Regulatory Commission, the North American Electric Reliability
    Corporation, and the Electricity Subsector Coordinating Council, shall
    establish a program, to be known as the ``Rural and Municipal Utility
    Advanced Cybersecurity Grant and Technical Assistance Program'', to
    provide grants and technical assistance to, and enter into cooperative
    agreements with, eligible entities to protect against, detect, respond
    to, and recover from cybersecurity threats.
        (c) Objectives.--The objectives of the Program shall be--
            (1) to deploy advanced cybersecurity technologies for electric
        utility systems; and
            (2) to increase the participation of eligible entities in
        cybersecurity threat information sharing programs.
        (d) Awards.--
            (1) In general.--The Secretary--
                (A) shall award grants and provide technical assistance
            under the Program to eligible entities on a competitive basis;
                (B) shall develop criteria and a formula for awarding
            grants and providing technical assistance under the Program;
                (C) may enter into cooperative agreements with eligible
            entities that can facilitate the objectives described in
            subsection (c); and
                (D) shall establish a process to ensure that all eligible
            entities are informed about and can become aware of
            opportunities to receive grants or technical assistance under
            the Program.
            (2) Priority for grants and technical assistance.--In awarding
        grants and providing technical assistance under the Program, the
        Secretary shall give priority to an eligible entity that, as
        determined by the Secretary--
                (A) has limited cybersecurity resources;
                (B) owns assets critical to the reliability of the bulk-
            power system; or
                (C) owns defense critical electric infrastructure (as
            defined in section 215A(a) of the Federal Power Act (16 U.S.C.
            824o-1(a))).
        (e) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) of
        title 5, United States Code; and
            (2) shall not be made available by any Federal agency, State,
        political subdivision of a State, or Tribal authority pursuant to
        any Federal, State, political subdivision of a State, or Tribal
        law, respectively, requiring public disclosure of information or
        records.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $250,000,000
    for the period of fiscal years 2022 through 2026.
    SEC. 40125. ENHANCED GRID SECURITY.
        (a) Definitions.--In this section:
            (1) Electric utility.--The term ``electric utility'' has the
        meaning given the term in section 3 of the Federal Power Act (16
        U.S.C. 796).
            (2) E-ISAC.--The term ``E-ISAC'' means the Electricity
        Information Sharing and Analysis Center.
        (b) Cybersecurity for the Energy Sector Research, Development, and
    Demonstration Program.--
            (1) In general.--The Secretary, in coordination with the
        Secretary of Homeland Security and in consultation with, as
        determined appropriate, other Federal agencies, the energy sector,
        the States, Indian Tribes, Tribal organizations, territories or
        freely associated states, and other stakeholders, shall develop and
        carry out a program--
                (A) to develop advanced cybersecurity applications and
            technologies for the energy sector--
                    (i) to identify and mitigate vulnerabilities,
                including--

                        (I) dependencies on other critical infrastructure;
                        (II) impacts from weather and fuel supply;
                        (III) increased dependence on inverter-based
                    technologies; and
                        (IV) vulnerabilities from unpatched hardware and
                    software systems; and

                    (ii) to advance the security of field devices and
                third-party control systems, including--

                        (I) systems for generation, transmission,
                    distribution, end use, and market functions;
                        (II) specific electric grid elements including
                    advanced metering, demand response, distribution,
                    generation, and electricity storage;
                        (III) forensic analysis of infected systems;
                        (IV) secure communications; and
                        (V) application of in-line edge security solutions;

                (B) to leverage electric grid architecture as a means to
            assess risks to the energy sector, including by implementing an
            all-hazards approach to communications infrastructure, control
            systems architecture, and power systems architecture;
                (C) to perform pilot demonstration projects with the energy
            sector to gain experience with new technologies;
                (D) to develop workforce development curricula for energy
            sector-related cybersecurity; and
                (E) to develop improved supply chain concepts for secure
            design of emerging digital components and power electronics.
            (2) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out this subsection
        $250,000,000 for the period of fiscal years 2022 through 2026.
        (c) Energy Sector Operational Support for Cyberresilience
    Program.--
            (1) In general.--The Secretary may develop and carry out a
        program--
                (A) to enhance and periodically test--
                    (i) the emergency response capabilities of the
                Department; and
                    (ii) the coordination of the Department with other
                agencies, the National Laboratories, and private industry;
                (B) to expand cooperation of the Department with the
            intelligence community for energy sector-related threat
            collection and analysis;
                (C) to enhance the tools of the Department and E-ISAC for
            monitoring the status of the energy sector;
                (D) to expand industry participation in E-ISAC; and
                (E) to provide technical assistance to small electric
            utilities for purposes of assessing and improving cybermaturity
            levels and addressing gaps identified in the assessment.
            (2) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out this subsection
        $50,000,000 for the period of fiscal years 2022 through 2026.
        (d) Modeling and Assessing Energy Infrastructure Risk.--
            (1) In general.--The Secretary, in coordination with the
        Secretary of Homeland Security, shall develop and carry out an
        advanced energy security program to secure energy networks,
        including--
                (A) electric networks;
                (B) natural gas networks; and
                (C) oil exploration, transmission, and delivery networks.
            (2) Security and resiliency objective.--The objective of the
        program developed under paragraph (1) is to increase the functional
        preservation of electric grid operations or natural gas and oil
        operations in the face of natural and human-made threats and
        hazards, including electric magnetic pulse and geomagnetic
        disturbances.
            (3) Eligible activities.--In carrying out the program developed
        under paragraph (1), the Secretary may--
                (A) develop capabilities to identify vulnerabilities and
            critical components that pose major risks to grid security if
            destroyed or impaired;
                (B) provide modeling at the national level to predict
            impacts from natural or human-made events;
                (C) add physical security to the cybersecurity maturity
            model;
                (D) conduct exercises and assessments to identify and
            mitigate vulnerabilities to the electric grid, including
            providing mitigation recommendations;
                (E) conduct research on hardening solutions for critical
            components of the electric grid;
                (F) conduct research on mitigation and recovery solutions
            for critical components of the electric grid; and
                (G) provide technical assistance to States and other
            entities for standards and risk analysis.
            (4) Savings provision.--Nothing in this section authorizes new
        regulatory requirements.
            (5) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out this subsection
        $50,000,000 for the period of fiscal years 2022 through 2026.
    SEC. 40126. CYBERSECURITY PLAN.
        (a) In General.--The Secretary may require, as the Secretary
    determines appropriate, a recipient of any award or other funding under
    this division--
            (1) to submit to the Secretary, prior to the issuance of the
        award or other funding, a cybersecurity plan that demonstrates the
        cybersecurity maturity of the recipient in the context of the
        project for which that award or other funding was provided; and
            (2) establish a plan for maintaining and improving
        cybersecurity throughout the life of the proposed solution of the
        project.
        (b) Contents of Cybersecurity Plan.--A cybersecurity plan described
    in subsection (a) shall, at a minimum, describe how the recipient
    described in that subsection--
            (1) plans to maintain cybersecurity between networks, systems,
        devices, applications, or components--
                (A) within the proposed solution of the project; and
                (B) at the necessary external interfaces at the proposed
            solution boundaries;
            (2) will perform ongoing evaluation of cybersecurity risks to
        address issues as the issues arise throughout the life of the
        proposed solution;
            (3) will report known or suspected network or system
        compromises of the project to the Secretary; and
            (4) will leverage applicable cybersecurity programs of the
        Department, including cyber vulnerability testing and security
        engineering evaluations.
        (c) Additional Guidance.--Each recipient described in subsection
    (a) should--
            (1) maximize the use of open guidance and standards, including,
        wherever possible--
                (A) the Cybersecurity Capability Maturity Model of the
            Department (or a successor model); and
                (B) the Framework for Improving Critical Infrastructure
            Cybersecurity of the National Institute of Standards and
            Technology; and
            (2) document --
                (A) any deviation from open standards; and
                (B) the utilization of proprietary standards where the
            recipient determines that such deviation necessary.
        (d) Coordination.--The Office of Cybersecurity, Energy Security,
    and Emergency Response of the Department shall review each
    cybersecurity plan submitted under subsection (a) to ensure integration
    with Department research, development, and demonstration programs.
        (e) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
            (1) shall be exempt from disclosure under section 552(b)(3) of
        title 5, United States Code; and
            (2) shall not be made available by any Federal agency, State,
        political subdivision of a State, or Tribal authority pursuant to
        any Federal, State, political subdivision of a State, or Tribal
        law, respectively, requiring public disclosure of information or
        records.
    SEC. 40127. SAVINGS PROVISION.
        Nothing in this subtitle affects the authority, existing on the day
    before the date of enactment of this Act, of any other Federal
    department or agency, including the authority provided to the Secretary
    of Homeland Security and the Director of the Cybersecurity and
    Infrastructure Security Agency in title XXII of the Homeland Security
    Act of 2002 (6 U.S.C. 651 et seq.).

             TITLE II--SUPPLY CHAINS FOR CLEAN ENERGY TECHNOLOGIES

    SEC. 40201. EARTH MAPPING RESOURCES INITIATIVE.
        (a) Definition of Critical Mineral.--In this section, the term
    ``critical mineral'' has the meaning given the term in section 7002(a)
    of the Energy Act of 2020 (30 U.S.C. 1606(a)).
        (b) Establishment.--There is established within the United States
    Geological Survey an initiative, to be known as the ``Earth Mapping
    Resources Initiative'' (referred to in this section as the
    ``Initiative'').
        (c) Purpose.--The purpose of the Initiative shall be to accelerate
    efforts to carry out the fundamental resources and mapping mission of
    the United States Geological Survey by--
            (1) providing integrated topographic, geologic, geochemical,
        and geophysical mapping;
            (2) accelerating the integration and consolidation of
        geospatial and resource data; and
            (3) providing interpretation of subsurface and above-ground
        mineral resources data.
        (d) Cooperative Agreements.--
            (1) In general.--In carrying out the Initiative, the Director
        of the United States Geological Survey may enter into cooperative
        agreements with State geological surveys.
            (2) Effect.--Nothing in paragraph (1) precludes the Director of
        the United States Geological Survey from using existing contracting
        authorities in carrying out the Initiative.
        (e) Comprehensive Mapping Modernization.--
            (1) In general.--Not later than 10 years after the date of
        enactment of this Act, the Initiative shall complete an initial
        comprehensive national modern surface and subsurface mapping and
        data integration effort.
            (2) Approach.--In carrying out paragraph (1) with regard to
        minerals, mineralization, and mineral deposits, the Initiative
        shall focus on the full range of minerals, using a whole ore body
        approach rather than a single commodity approach, to emphasize all
        of the recoverable critical minerals in a given surface or
        subsurface deposit.
            (3) Priority.--In carrying out paragraph (1) with regard to
        minerals, mineralization, and mineral deposits, the Initiative
        shall prioritize mapping and assessing critical minerals.
            (4) Inclusions.--In carrying out paragraph (1), the Initiative
        shall also--
                (A) map and collect data for areas containing mine waste to
            increase understanding of above-ground critical mineral
            resources in previously disturbed areas; and
                (B) provide for analysis of samples, including samples
            within the National Geological and Geophysical Data
            Preservation Program established under section 351(b) of the
            Energy Policy Act of 2005 (42 U.S.C. 15908(b)) for the
            occurrence of critical minerals.
        (f) Availability.--The Initiative shall make the geospatial data
    and metadata gathered by the Initiative under subsection (e)(1)
    electronically publicly accessible on an ongoing basis.
        (g) Integration of Data Sources.--The Initiative shall integrate
    data sources, including data from--
            (1) the National Cooperative Geologic Mapping Program
        established by section 4(a)(1) of the National Geologic Mapping Act
        of 1992 (43 U.S.C. 31c(a)(1));
            (2) the National Geological and Geophysical Data Preservation
        Program established under section 351(b) of the Energy Policy Act
        of 2005 (42 U.S.C. 15908(b));
            (3) the USMIN Mineral Deposit Database of the United States
        Geological Survey;
            (4) the 3D Elevation Program established under section 5(a) of
        the National Landslide Preparedness Act (43 U.S.C. 3104(a)); and
            (5) other relevant sources, including sources providing
        geothermal resources data.
        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $320,000,000
    for the period of fiscal years 2022 through 2026, to remain available
    until expended.
    SEC. 40202. NATIONAL COOPERATIVE GEOLOGIC MAPPING PROGRAM.
        (a) In General.--Section 4(d) of the National Geologic Mapping Act
    of 1992 (43 U.S.C. 31c(d)) is amended by adding at the end the
    following:
            ``(4) Abandoned mine land and mine waste component.--
                ``(A) In general.--The geologic mapping program shall
            include an abandoned mine land and mine waste geologic mapping
            component, the objective of which shall be to establish the
            geologic framework of abandoned mine land and other land
            containing mine waste.
                ``(B) Mapping priorities.--For the component described in
            subparagraph (A), the priority shall be mapping abandoned mine
            land and other land containing mine waste where multiple
            critical mineral (as defined in section 7002(a) of the Energy
            Act of 2020 (30 U.S.C. 1606(a))) and metal commodities are
            anticipated to be present, rather than single mineral
            resources.''.
        (b) Authorization of Appropriations.--Section 9(a) of the National
    Geologic Mapping Act of 1992 (43 U.S.C. 31h(a)) is amended by striking
    ``2023'' and inserting ``2031''.
    SEC. 40203. NATIONAL GEOLOGICAL AND GEOPHYSICAL DATA PRESERVATION
    PROGRAM.
        Section 351(b) of the Energy Policy Act of 2005 (42 U.S.C.
    15908(b)) is amended--
            (1) in paragraph (2), by striking ``and'' after the semicolon;
            (2) in paragraph (3), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) to provide for preservation of samples to track
        geochemical signatures from critical mineral (as defined in section
        7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a))) ore bodies
        for use in provenance tracking frameworks.''.
    SEC. 40204. USGS ENERGY AND MINERALS RESEARCH FACILITY.
        (a) Establishment.--The Director of the United States Geological
    Survey (referred to in this section as the ``Director''), shall fund,
    through a cooperative agreement with an academic partner, the design,
    construction, and tenant build-out of a facility to support energy and
    minerals research and appurtenant associated structures.
        (b) Ownership.--The United States Geological Survey shall retain
    ownership of the facility and associated structures described in
    subsection (a).
        (c) Agreements.--The Director may enter into agreements with, and
    to collect and expend funds or in-kind contributions from, academic,
    Federal, State, or other tenants over the life of the facility
    described in subsection (a) for the purposes of--
            (1) facility planning;
            (2) design;
            (3) maintenance;
            (4) operation; or
            (5) facility improvements.
        (d) Leases.--The Director may enter into a lease or other agreement
    with the academic partner with which the Director has entered into a
    cooperative agreement under subsection (a), at no cost to the Federal
    Government, to obtain land on which to construct the facility described
    in that subsection for a term of not less than 99 years.
        (e) Reports.--The Director shall submit to Congress annual reports
    on--
            (1) the facility described in subsection (a); and
            (2) the authorities used under this section.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior to carry out this section
    $167,000,000 for fiscal year 2022, to remain available until expended.
    SEC. 40205. RARE EARTH ELEMENTS DEMONSTRATION FACILITY.
        Section 7001 of the Energy Act of 2020 (42 U.S.C. 13344) is
    amended--
            (1) in subsection (b), by inserting ``and annually thereafter
        while the facility established under subsection (c) remains in
        operation,'' after ``enactment of this Act,'';
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following:
        ``(c) Rare Earth Demonstration Facility.--
            ``(1) Establishment.--In coordination with the research program
        under subsection (a)(1)(A), the Secretary shall fund, through an
        agreement with an academic partner, the design, construction, and
        build-out of a facility to demonstrate the commercial feasibility
        of a full-scale integrated rare earth element extraction and
        separation facility and refinery.
            ``(2) Facility activities.--The facility established under
        paragraph (1) shall--
                ``(A) provide environmental benefits through use of
            feedstock derived from acid mine drainage, mine waste, or other
            deleterious material;
                ``(B) separate mixed rare earth oxides into pure oxides of
            each rare earth element;
                ``(C) refine rare earth oxides into rare earth metals; and
                ``(D) provide for separation of rare earth oxides and
            refining into rare earth metals at a single site.
            ``(3) Authorization of appropriations.--There is authorized to
        be appropriated to the Secretary to carry out this subsection
        $140,000,000 for fiscal year 2022, to remain available until
        expended.''.
    SEC. 40206. CRITICAL MINERALS SUPPLY CHAINS AND RELIABILITY.
        (a) Definition of Critical Mineral.--In this section, the term
    ``critical mineral'' has the meaning given the term in section 7002(a)
    of the Energy Act of 2020 (30 U.S.C. 1606(a)).
        (b) Sense of Congress.--It is the sense of Congress that--
            (1) critical minerals are fundamental to the economy,
        competitiveness, and security of the United States;
            (2) many critical minerals are only economic to recover when
        combined with the production of a host mineral;
            (3) to the maximum extent practicable, the critical mineral
        needs of the United States should be satisfied by minerals
        responsibly produced and recycled in the United States; and
            (4) the Federal permitting process has been identified as an
        impediment to mineral production and the mineral security of the
        United States.
        (c) Federal Permitting and Review Performance Improvements.--To
    improve the quality and timeliness of Federal permitting and review
    processes with respect to critical mineral production on Federal land,
    the Secretary of the Interior, acting through the Director of the
    Bureau of Land Management, and the Secretary of Agriculture, acting
    through the Chief of the Forest Service (referred to in this section as
    the ``Secretaries''), to the maximum extent practicable, shall complete
    the Federal permitting and review processes with maximum efficiency and
    effectiveness, while supporting vital economic growth, by--
            (1) establishing and adhering to timelines and schedules for
        the consideration of, and final decisions regarding, applications,
        operating plans, leases, licenses, permits, and other use
        authorizations for critical mineral-related activities on Federal
        land;
            (2) establishing clear, quantifiable, and temporal permitting
        performance goals and tracking progress against those goals;
            (3) engaging in early collaboration among agencies, project
        sponsors, and affected stakeholders--
                (A) to incorporate and address the interests of those
            parties; and
                (B) to minimize delays;
            (4) ensuring transparency and accountability by using cost-
        effective information technology to collect and disseminate
        information regarding individual projects and agency performance;
            (5) engaging in early and active consultation with State,
        local, and Tribal governments--
                (A) to avoid conflicts or duplication of effort;
                (B) to resolve concerns; and
                (C) to allow for concurrent, rather than sequential,
            reviews;
            (6) providing demonstrable improvements in the performance of
        Federal permitting and review processes, including lower costs and
        more timely decisions;
            (7) expanding and institutionalizing Federal permitting and
        review process improvements that have proven effective;
            (8) developing mechanisms to better communicate priorities and
        resolve disputes among agencies at the national, regional, State,
        and local levels; and
            (9) developing other practices, such as preapplication
        procedures.
        (d) Review and Report.--Not later than 1 year after the date of
    enactment of this Act, the Secretaries shall submit to Congress a
    report that--
            (1) identifies additional measures, including regulatory and
        legislative proposals, if appropriate, that would increase the
        timeliness of permitting activities for the exploration and
        development of domestic critical minerals;
            (2) identifies options, including cost recovery paid by permit
        applicants, for ensuring adequate staffing and training of Federal
        entities and personnel responsible for the consideration of
        applications, operating plans, leases, licenses, permits, and other
        use authorizations for critical mineral-related activities on
        Federal land;
            (3) quantifies the period of time typically required to
        complete each step associated with the development and processing
        of applications, operating plans, leases, licenses, permits, and
        other use authorizations for critical mineral-related activities on
        Federal land, including by--
                (A) calculating the range, the mean, the median, the
            variance, and other statistical measures or representations of
            the period of time; and
                (B) taking into account other aspects that affect the
            period of time that are outside the control of the Executive
            branch, such as judicial review, applicant decisions, or State
            and local government involvement; and
            (4) describes actions carried out pursuant to subsection (c).
        (e) Performance Metric.--Not later than 90 days after the date of
    submission of the report under subsection (d), and after providing
    public notice and an opportunity to comment, the Secretaries, using as
    a baseline the period of time quantified under paragraph (3) of that
    subsection, shall develop and publish a performance metric for
    evaluating the progress made by the Executive branch to expedite the
    permitting of activities that will increase exploration for, and
    development of, domestic critical minerals, while maintaining
    environmental standards.
        (f) Annual Reports.--Not later than the date on which the President
    submits the first budget of the President under section 1105 of title
    31, United States Code, after publication of the performance metric
    required under subsection (e), and annually thereafter, the Secretaries
    shall submit to Congress a report that--
            (1) summarizes the implementation of recommendations, measures,
        and options identified in paragraphs (1) and (2) of subsection (d);
            (2) using the performance metric developed under subsection
        (e), describes progress made by the Executive branch, as compared
        to the baseline developed pursuant to subsection (d)(3), in
        expediting the permitting of activities that will increase
        exploration for, and development of, domestic critical minerals;
        and
            (3) compares the United States to other countries in terms of
        permitting efficiency and any other criteria relevant to the
        globally competitive critical minerals industry.
        (g) Individual Projects.--Each year, using data contained in the
    reports submitted under subsection (f), the Director of the Office of
    Management and Budget shall prioritize inclusion of individual critical
    mineral projects on the website operated by the Office of Management
    and Budget in accordance with section 1122 of title 31, United States
    Code.
    SEC. 40207. BATTERY PROCESSING AND MANUFACTURING.
        (a) Definitions.--In this section:
            (1) Advanced battery.--The term ``advanced battery'' means a
        battery that consists of a battery cell that can be integrated into
        a module, pack, or system to be used in energy storage
        applications, including electric vehicles and the electric grid.
            (2) Advanced battery component.--
                (A) In general.--The term ``advanced battery component''
            means a component of an advanced battery.
                (B) Inclusions.--The term ``advanced battery component''
            includes materials, enhancements, enclosures, anodes, cathodes,
            electrolytes, cells, and other associated technologies that
            comprise an advanced battery.
            (3) Battery material.--The term ``battery material'' means the
        raw and processed form of a mineral, metal, chemical, or other
        material used in an advanced battery component.
            (4) Eligible entity.--The term ``eligible entity'' means an
        entity described in any of paragraphs (1) through (5) of section
        989(b) of the Energy Policy Act of 2005 (42 U.S.C. 16353(b)).
            (5) Foreign entity of concern.--The term ``foreign entity of
        concern'' means a foreign entity that is--
                (A) designated as a foreign terrorist organization by the
            Secretary of State under section 219(a) of the Immigration and
            Nationality Act (8 U.S.C. 1189(a));
                (B) included on the list of specially designated nationals
            and blocked persons maintained by the Office of Foreign Assets
            Control of the Department of the Treasury (commonly known as
            the ``SDN list'');
                (C) owned by, controlled by, or subject to the jurisdiction
            or direction of a government of a foreign country that is a
            covered nation (as defined in section 2533c(d) of title 10,
            United States Code);
                (D) alleged by the Attorney General to have been involved
            in activities for which a conviction was obtained under--
                    (i) chapter 37 of title 18, United States Code
                (commonly known as the ``Espionage Act'');
                    (ii) section 951 or 1030 of title 18, United States
                Code;
                    (iii) chapter 90 of title 18, United States Code
                (commonly known as the ``Economic Espionage Act of 1996'');
                    (iv) the Arms Export Control Act (22 U.S.C. 2751 et
                seq.);
                    (v) section 224, 225, 226, 227, or 236 of the Atomic
                Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and
                2284);
                    (vi) the Export Control Reform Act of 2018 (50 U.S.C.
                4801 et seq.); or
                    (vii) the International Emergency Economic Powers Act
                (50 U.S.C. 1701 et seq.); or
                (E) determined by the Secretary, in consultation with the
            Secretary of Defense and the Director of National Intelligence,
            to be engaged in unauthorized conduct that is detrimental to
            the national security or foreign policy of the United States.
            (6) Manufacturing.--The term ``manufacturing'', with respect to
        an advanced battery and an advanced battery component, means the
        industrial and chemical steps taken to produce that advanced
        battery or advanced battery component, respectively.
            (7) Processing.--The term ``processing'', with respect to
        battery material, means the refining of materials, including the
        treating, baking, and coating processes used to convert raw
        products into constituent materials employed directly in advanced
        battery manufacturing.
            (8) Recycling.--The term ``recycling'' means the recovery of
        materials from advanced batteries to be reused in similar
        applications, including the extracting, processing, and recoating
        of battery materials and advanced battery components.
        (b) Battery Material Processing Grants.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall establish within the
        Office of Fossil Energy a program, to be known as the ``Battery
        Material Processing Grant Program'' (referred to in this subsection
        as the ``program''), under which the Secretary shall award grants
        in accordance with this subsection.
            (2) Purposes.--The purposes of the program are--
                (A) to ensure that the United States has a viable battery
            materials processing industry to supply the North American
            battery supply chain;
                (B) to expand the capabilities of the United States in
            advanced battery manufacturing;
                (C) to enhance national security by reducing the reliance
            of the United States on foreign competitors for critical
            materials and technologies; and
                (D) to enhance the domestic processing capacity of minerals
            necessary for battery materials and advanced batteries.
            (3) Grants.--
                (A) In general.--Under the program, the Secretary shall
            award grants to eligible entities--
                    (i) to carry out 1 or more demonstration projects in
                the United States for the processing of battery materials;
                    (ii) to construct 1 or more new commercial-scale
                battery material processing facilities in the United
                States; and
                    (iii) to retool, retrofit, or expand 1 or more existing
                battery material processing facilities located in the
                United States and determined qualified by the Secretary.
                (B) Amount limitation.--The amount of a grant awarded under
            the program shall be not less than--
                    (i) $50,000,000 for an eligible entity carrying out 1
                or more projects described in subparagraph (A)(i);
                    (ii) $100,000,000 for an eligible entity carrying out 1
                or more projects described in subparagraph (A)(ii); and
                    (iii) $50,000,000 for an eligible entity carrying out 1
                or more projects described in subparagraph (A)(iii).
                (C) Priority; consideration.--In awarding grants to
            eligible entities under the program, the Secretary shall--
                    (i) give priority to an eligible entity that--

                        (I) is located and operates in the United States;
                        (II) is owned by a United States entity;
                        (III) deploys North American-owned intellectual
                    property and content;
                        (IV) represents consortia or industry partnerships;
                    and
                        (V) will not use battery material supplied by or
                    originating from a foreign entity of concern; and

                    (ii) take into consideration whether a project--

                        (I) provides workforce opportunities in low- and
                    moderate-income communities;
                        (II) encourages partnership with universities and
                    laboratories to spur innovation and drive down costs;
                        (III) partners with Indian Tribes; and
                        (IV) takes into account--

                            (aa) greenhouse gas emissions reductions and
                        energy efficient battery material processing
                        opportunities throughout the manufacturing process;
                        and
                            (bb) supply chain logistics.
            (4) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the program
        $3,000,000,000 for the period of fiscal years 2022 through 2026, to
        remain available until expended.
        (c) Battery Manufacturing and Recycling Grants.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall establish within the
        Office of Energy Efficiency and Renewable Energy a battery
        manufacturing and recycling grant program (referred to in this
        subsection as the ``program'').
            (2) Purpose.--The purpose of the program is to ensure that the
        United States has a viable domestic manufacturing and recycling
        capability to support and sustain a North American battery supply
        chain.
            (3) Grants.--
                (A) In general.--Under the program, the Secretary shall
            award grants to eligible entities--
                    (i) to carry out 1 or more demonstration projects for
                advanced battery component manufacturing, advanced battery
                manufacturing, and recycling;
                    (ii) to construct 1 or more new commercial-scale
                advanced battery component manufacturing, advanced battery
                manufacturing, or recycling facilities in the United
                States; and
                    (iii) to retool, retrofit, or expand 1 or more existing
                facilities located in the United States and determined
                qualified by the Secretary for advanced battery component
                manufacturing, advanced battery manufacturing, and
                recycling.
                (B) Amount limitation.--The amount of a grant awarded under
            the program shall be not less than--
                    (i) $50,000,000 for an eligible entity carrying out 1
                or more projects described in subparagraph (A)(i);
                    (ii) $100,000,000 for an eligible entity carrying out 1
                or more projects described in subparagraph (A)(ii); and
                    (iii) $50,000,000 for an eligible entity carrying out 1
                or more projects described in subparagraph (A)(iii).
                (C) Priority; consideration.--In awarding grants to
            eligible entities under the program, the Secretary shall--
                    (i) give priority to an eligible entity that--

                        (I) is located and operates in the United States;
                        (II) is owned by a United States entity;
                        (III) deploys North American-owned intellectual
                    property and content;
                        (IV) represents consortia or industry partnerships;
                    and
                        (V)(aa) if the eligible entity will use the grant
                    for advanced battery component manufacturing, will not
                    use battery material supplied by or originating from a
                    foreign entity of concern; or
                        (bb) if the eligible entity will use the grant for
                    battery recycling, will not export recovered critical
                    materials to a foreign entity of concern; and

                    (ii) take into consideration whether a project--

                        (I) provides workforce opportunities in low- and
                    moderate-income or rural communities;
                        (II) provides workforce opportunities in
                    communities that have lost jobs due to the
                    displacements of fossil energy jobs;
                        (III) encourages partnership with universities and
                    laboratories to spur innovation and drive down costs;
                        (IV) partners with Indian Tribes;
                        (V) takes into account--

                            (aa) greenhouse gas emissions reductions and
                        energy efficient battery material processing
                        opportunities throughout the manufacturing process;
                        and
                            (bb) supply chain logistics; and

                        (VI) utilizes feedstock produced in the United
                    States.

            (4) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the program
        $3,000,000,000 for the period of fiscal years 2022 through 2026, to
        remain available until expended.
        (d) Reporting Requirements.--Not later than 1 year after the date
    of enactment of this Act, and annually thereafter, the Secretary shall
    submit to Congress a report on the grant programs established under
    subsections (b) and (c), including, with respect to each grant program,
    a description of--
            (1) the number of grant applications received;
            (2) the number of grants awarded and the amount of each award;
            (3) the purpose and status of each project carried out using a
        grant; and
            (4) any other information the Secretary determines necessary.
        (e) Lithium-Ion Battery Recycling Prize Competition.--
            (1) In general.--The Secretary shall continue to carry out the
        Lithium-Ion Battery Recycling Prize Competition of the Department
        established pursuant to section 24 of the Stevenson-Wydler
        Technology Innovation Act of 1980 (15 U.S.C. 3719) (referred to in
        this subsection as the ``competition'').
            (2) Authorization of appropriations for pilot projects.--
                (A) In general.--There is authorized to be appropriated to
            the Secretary to carry out Phase III of the competition,
            $10,000,000 for fiscal year 2022, to remain available until
            expended.
                (B) Use of funds.--The Secretary may use amounts made
            available under subparagraph (A)--
                    (i) to increase the number of winners of Phase III of
                the competition;
                    (ii) to increase the amount awarded to each winner of
                Phase III of the competition; and
                    (iii) to carry out any other activity that is
                consistent with the goals of Phase III of the competition,
                as determined by the Secretary.
        (f) Battery and Critical Mineral Recycling.--
            (1) Definitions.--In this subsection:
                (A) Administrator.--The term ``Administrator'' means the
            Administrator of the Environmental Protection Agency.
                (B) Battery.--The term ``battery'' means a device that--
                    (i) consists of 1 or more electrochemical cells that
                are electrically connected; and
                    (ii) is designed to store and deliver electric energy.
                (C) Battery producer.--The term ``battery producer'' means,
            with respect to a covered battery or covered battery-containing
            product that is sold, offered for sale, or distributed for sale
            in the United States, including through retail, wholesale,
            business-to-business, and online sale, the following applicable
            entity:
                    (i) A person who--

                        (I) manufactures the covered battery or covered
                    battery-containing product; and
                        (II) sells or offers for sale the covered battery
                    or covered battery-containing product under the brand
                    of that person.

                    (ii) If there is no person described in clause (i) with
                respect to the covered battery or covered battery-
                containing product, the owner or licensee of the brand
                under which the covered battery or covered battery-
                containing product is sold, offered for sale, or
                distributed, regardless of whether the trademark of the
                brand is registered.
                    (iii) If there is no person described in clause (i) or
                (ii) with respect to the covered battery or covered
                battery-containing product, a person that imports the
                covered battery or covered battery-containing product into
                the United States for sale or distribution.
                (D) Covered battery.--The term ``covered battery'' means a
            new or unused primary battery or rechargeable battery.
                (E) Covered battery-containing product.--The term ``covered
            battery-containing product'' means a new or unused product that
            contains or is packaged with a primary battery or rechargeable
            battery.
                (F) Critical mineral.--The term ``critical mineral'' has
            the meaning given the term in section 7002(a) of the Energy Act
            of 2020 (30 U.S.C. 1606(a)).
                (G) Primary battery.--The term ``primary battery'' means a
            nonrechargeable battery that weighs not more than 4.4 pounds,
            including an alkaline, carbon-zinc, and lithium metal battery.
                (H) Rechargeable battery.--
                    (i) In general.--The term ``rechargeable battery''
                means a battery that--

                        (I) contains 1 or more voltaic or galvanic cells
                    that are electrically connected to produce electric
                    energy;
                        (II) is designed to be recharged;
                        (III) weighs not more than 11 pounds; and
                        (IV) has a watt-hour rating of not more than 300
                    watt-hours.

                    (ii) Exclusions.--The term ``rechargeable battery''
                does not include a battery that--

                        (I) contains electrolyte as a free liquid; or
                        (II) employs lead-acid technology, unless that
                    battery is sealed and does not contain electrolyte as a
                    free liquid.

                (I) Recycling.--The term ``recycling'' means the series of
            activities--
                    (i) during which recyclable materials are processed
                into specification-grade commodities, and consumed as raw-
                material feedstock, in lieu of virgin materials, in the
                manufacturing of new products;
                    (ii) that may include collection, processing, and
                brokering; and
                    (iii) that result in subsequent consumption by a
                materials manufacturer, including for the manufacturing of
                new products.
            (2) Battery recycling research, development, and demonstration
        grants.--
                (A) In general.--The Secretary, in coordination with the
            Administrator, shall award multiyear grants to eligible
            entities for research, development, and demonstration projects
            to create innovative and practical approaches to increase the
            reuse and recycling of batteries, including by addressing--
                    (i) recycling activities;
                    (ii) the development of methods to promote the design
                and production of batteries that take into full account and
                facilitate the dismantling, reuse, recovery, and recycling
                of battery components and materials;
                    (iii) strategies to increase consumer acceptance of,
                and participation in, the recycling of batteries;
                    (iv) the extraction or recovery of critical minerals
                from batteries that are recycled;
                    (v) the integration of increased quantities of recycled
                critical minerals in batteries and other products to
                develop markets for recycled battery materials and critical
                minerals;
                    (vi) safe disposal of waste materials and components
                recovered during the recycling process;
                    (vii) the protection of the health and safety of all
                persons involved in, or in proximity to, recycling and
                reprocessing activities, including communities located near
                recycling and materials reprocessing facilities;
                    (viii) mitigation of environmental impacts that arise
                from recycling batteries, including disposal of toxic
                reagents and byproducts related to recycling processes;
                    (ix) protection of data privacy associated with
                collected covered battery-containing products;
                    (x) the optimization of the value of material derived
                from recycling batteries; and
                    (xi) the cost-effectiveness and benefits of the reuse
                and recycling of batteries and critical minerals.
                (B) Eligible entities.--The Secretary, in coordination with
            the Administrator, may award a grant under subparagraph (A)
            to--
                    (i) an institution of higher education;
                    (ii) a National Laboratory;
                    (iii) a Federal research agency;
                    (iv) a State research agency;
                    (v) a nonprofit organization;
                    (vi) an industrial entity;
                    (vii) a manufacturing entity;
                    (viii) a private battery-collection entity;
                    (ix) an entity operating 1 or more battery recycling
                activities;
                    (x) a State or municipal government entity;
                    (xi) a battery producer;
                    (xii) a battery retailer; or
                    (xiii) a consortium of 2 or more entities described in
                clauses (i) through (xii).
                (C) Applications.--
                    (i) In general.--To be eligible to receive a grant
                under subparagraph (A), an eligible entity described in
                subparagraph (B) shall submit to the Secretary an
                application at such time, in such manner, and containing
                such information as the Secretary may require.
                    (ii) Contents.--An application submitted under clause
                (i) shall describe how the project will promote
                collaboration among--

                        (I) battery producers and manufacturers;
                        (II) battery material and equipment manufacturers;
                        (III) battery recyclers, collectors, and refiners;
                    and
                        (IV) retailers.

                (D) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out this paragraph
            $60,000,000 for the period of fiscal years 2022 through 2026.
            (3) State and local programs.--
                (A) In general.--The Secretary, in coordination with the
            Administrator, shall establish a program under which the
            Secretary shall award grants, on a competitive basis, to States
            and units of local government to assist in the establishment or
            enhancement of State battery collection, recycling, and
            reprocessing programs.
                (B) Non-federal cost share.--The non-Federal share of the
            cost of a project carried out using a grant under this
            paragraph shall be 50 percent of the cost of the project.
                (C) Report.--Not later than 2 years after the date of
            enactment of this Act, and annually thereafter, the Secretary
            shall submit to Congress a report that describes the number of
            battery collection points established or enhanced, an estimate
            of jobs created, and the quantity of material collected as a
            result of the grants awarded under subparagraph (A).
                (D) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out this paragraph
            $50,000,000 for the period of fiscal years 2022 through 2026.
            (4) Retailers as collection points.--
                (A) In general.--The Secretary shall award grants, on a
            competitive basis, to retailers that sell covered batteries or
            covered battery-containing products to establish and implement
            a system for the acceptance and collection of covered batteries
            and covered battery-containing products, as applicable, for
            reuse, recycling, or proper disposal.
                (B) Collection system.--A system described in subparagraph
            (A) shall include take-back of covered batteries--
                    (i) at no cost to the consumer; and
                    (ii) on a regular, convenient, and accessible basis.
                (C) Authorization of appropriations.--There is authorized
            to be appropriated to the Secretary to carry out this paragraph
            $15,000,000 for the period of fiscal years 2022 through 2026.
            (5) Task force on producer responsibilities.--
                (A) In general.--The Secretary, in coordination with the
            Administrator, shall convene a task force to develop an
            extended battery producer responsibility framework that--
                    (i) addresses battery recycling goals, cost structures
                for mandatory recycling, reporting requirements, product
                design, collection models, and transportation of collected
                materials;
                    (ii) provides sufficient flexibility to allow battery
                producers to determine cost-effective strategies for
                compliance with the framework; and
                    (iii) outlines regulatory pathways for effective
                recycling.
                (B) Task force members.--Members of the task force convened
            under subparagraph (A) shall include--
                    (i) battery producers, manufacturers, retailers,
                recyclers, and collectors or processors;
                    (ii) States and municipalities; and
                    (iii) other relevant stakeholders, such as
                environmental, energy, or consumer organizations, as
                determined by the Secretary.
                (C) Report.--Not later than 1 year after the date on which
            the Secretary, in coordination with Administrator, convenes the
            task force under subparagraph (A), the Secretary shall submit
            to Congress a report that--
                    (i) describes the extended producer responsibility
                framework developed by the task force;
                    (ii) includes the recommendations of the task force on
                how best to implement a mandatory pay-in or other
                enforcement mechanism to ensure that battery producers and
                sellers are contributing to the recycling of batteries; and
                    (iii) suggests regulatory pathways for effective
                recycling.
            (6) Effect on mercury-containing and rechargeable battery
        management act.--Nothing in this subsection, or any regulation,
        guideline, framework, or policy adopted or promulgated pursuant to
        this subsection, shall modify or otherwise affect the provisions of
        the Mercury-Containing and Rechargeable Battery Management Act (42
        U.S.C. 14301 et seq.).
    SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-LIFE
    APPLICATIONS PROGRAM.
        Section 641 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17231) is amended--
            (1) by striking subsection (k) and inserting the following:
        ``(k) Electric Drive Vehicle Battery Second-Life Applications and
    Recycling.--
            ``(1) Definitions.--In this subsection:
                ``(A) Battery recycling and second-life applications
            program.--The term `battery recycling and second-life
            applications program' means the electric drive vehicle battery
            recycling and second-life applications program established
            under paragraph (3).
                ``(B) Critical material.--The term `critical material' has
            the meaning given the term in section 7002(a) of the Energy Act
            of 2020 (30 U.S.C. 1606(a)).
                ``(C) Economically distressed area.--The term `economically
            distressed area' means an area described in section 301(a) of
            the Public Works and Economic Development Act of 1965 (42
            U.S.C. 3161(a)).
                ``(D) Electric drive vehicle battery.--The term `electric
            drive vehicle battery' means any battery that is a motive power
            source for an electric drive vehicle.
                ``(E) Eligible entity.--The term `eligible entity' means an
            entity described in any of paragraphs (1) through (5) of
            section 989(b) of the Energy Policy Act of 2005 (42 U.S.C.
            16353(b)).
            ``(2) Program.--The Secretary shall carry out a program of
        research, development, and demonstration of--
                ``(A) second-life applications for electric drive vehicle
            batteries that have been used to power electric drive vehicles;
            and
                ``(B) technologies and processes for final recycling and
            disposal of the devices described in subparagraph (A).
            ``(3) Electric drive vehicle battery recycling and second-life
        applications.--
                ``(A) In general.--In carrying out the program under
            paragraph (2), the Secretary shall establish an electric drive
            vehicle battery recycling and second-life applications program
            under which the Secretary shall--
                    ``(i) award grants under subparagraph (D); and
                    ``(ii) carry out other activities in accordance with
                this paragraph.
                ``(B) Purposes.--The purposes of the battery recycling and
            second-life applications program are the following:
                    ``(i) To improve the recycling rates and second-use
                adoption rates of electric drive vehicle batteries.
                    ``(ii) To optimize the design and adaptability of
                electric drive vehicle batteries to make electric drive
                vehicle batteries more easily recyclable.
                    ``(iii) To establish alternative supply chains for
                critical materials that are found in electric drive vehicle
                batteries.
                    ``(iv) To reduce the cost of manufacturing,
                installation, purchase, operation, and maintenance of
                electric drive vehicle batteries.
                    ``(v) To improve the environmental impact of electric
                drive vehicle battery recycling processes.
                ``(C) Targets.--In carrying out the battery recycling and
            second-life applications program, the Secretary shall address
            near-term (up to 2 years), mid-term (up to 5 years), and long-
            term (up to 10 years) challenges to the recycling of electric
            drive vehicle batteries.
                ``(D) Grants.--
                    ``(i) In general.--In carrying out the battery
                recycling and second-life applications program, the
                Secretary shall award multiyear grants on a competitive,
                merit-reviewed basis to eligible entities--

                        ``(I) to conduct research, development, testing,
                    and evaluation of solutions to increase the rate and
                    productivity of electric drive vehicle battery
                    recycling; and
                        ``(II) for research, development, and demonstration
                    projects to create innovative and practical approaches
                    to increase the recycling and second-use of electric
                    drive vehicle batteries, including by addressing--

                            ``(aa) technology to increase the efficiency of
                        electric drive vehicle battery recycling and
                        maximize the recovery of critical materials for use
                        in new products;
                            ``(bb) expanded uses for critical materials
                        recovered from electric drive vehicle batteries;
                            ``(cc) product design and construction to
                        facilitate the disassembly and recycling of
                        electric drive vehicle batteries;
                            ``(dd) product design and construction and
                        other tools and techniques to extend the lifecycle
                        of electric drive vehicle batteries, including
                        methods to promote the safe second-use of electric
                        drive vehicle batteries;
                            ``(ee) strategies to increase consumer
                        acceptance of, and participation in, the recycling
                        of electric drive vehicle batteries;
                            ``(ff) improvements and changes to electric
                        drive vehicle battery chemistries that include ways
                        to decrease processing costs for battery recycling
                        without sacrificing front-end performance;
                            ``(gg) second-use of electric drive vehicle
                        batteries, including in applications outside of the
                        automotive industry; and
                            ``(hh) the commercialization and scale-up of
                        electric drive vehicle battery recycling
                        technologies.
                    ``(ii) Priority.--In awarding grants under clause (i),
                the Secretary shall give priority to projects that--

                        ``(I) are located in geographically diverse regions
                    of the United States;
                        ``(II) include business commercialization plans
                    that have the potential for the recycling of electric
                    drive vehicle batteries at high volumes;
                        ``(III) support the development of advanced
                    manufacturing technologies that have the potential to
                    improve the competitiveness of the United States in the
                    international electric drive vehicle battery
                    manufacturing sector;
                        ``(IV) provide the greatest potential to reduce
                    costs for consumers and promote accessibility and
                    community implementation of demonstrated technologies;
                        ``(V) increase disclosure and transparency of
                    information to consumers;
                        ``(VI) support the development or demonstration of
                    projects in economically distressed areas; and
                        ``(VII) support other relevant priorities, as
                    determined to be appropriate by the Secretary.

                    ``(iii) Solicitation.--Not later than 90 days after the
                date of enactment of the Infrastructure Investment and Jobs
                Act, and annually thereafter, the Secretary shall conduct a
                national solicitation for applications for grants described
                in clause (i).
                    ``(iv) Dissemination of results.--The Secretary shall
                publish the results of the projects carried out through
                grants awarded under clause (i) through--

                        ``(I) best practices relating to those grants, for
                    use in the electric drive vehicle battery
                    manufacturing, design, installation, refurbishing, or
                    recycling industries;
                        ``(II) coordination with information dissemination
                    programs relating to general recycling of electronic
                    devices; and
                        ``(III) educational materials for the public,
                    produced in conjunction with State and local
                    governments or nonprofit organizations, on the problems
                    and solutions relating to the recycling and second-life
                    applications of electric drive vehicle batteries.

                ``(E) Coordination with other programs of the department.--
            In carrying out the battery recycling and second-life
            applications program, the Secretary shall coordinate and
            leverage the resources of complementary efforts of the
            Department.
                ``(F) Study and report.--
                    ``(i) Study.--The Secretary shall conduct a study on
                the viable market opportunities available for the
                recycling, second-use, and manufacturing of electric drive
                vehicle batteries in the United States.
                    ``(ii) Report.--Not later than 1 year after the date of
                enactment of the Infrastructure Investment and Jobs Act,
                the Secretary shall submit to the Committee on Energy and
                Natural Resources of the Senate, the Committee on Science,
                Space, and Technology of the House of Representatives, and
                any other relevant committee of Congress a report
                containing the results of the study under clause (i),
                including a description of--

                        ``(I) the ability of relevant businesses or other
                    entities to competitively manufacture electric drive
                    vehicle batteries and recycle electric drive vehicle
                    batteries in the United States;
                        ``(II) any existing electric drive vehicle battery
                    recycling and second-use practices and plans of
                    electric drive vehicle manufacturing companies in the
                    United States;
                        ``(III) any barriers to electric drive vehicle
                    battery recycling in the United States;
                        ``(IV) opportunities and barriers in electric drive
                    vehicle battery supply chains in the United States and
                    internationally, including with allies and trading
                    partners;
                        ``(V) opportunities for job creation in the
                    electric drive vehicle battery recycling and
                    manufacturing fields and the necessary skills employees
                    must acquire for growth of those fields in the United
                    States;
                        ``(VI) policy recommendations for enhancing
                    electric drive vehicle battery manufacturing and
                    recycling in the United States;
                        ``(VII) any recommendations for lowering logistics
                    costs and creating better coordination and efficiency
                    with respect to the removal, collection,
                    transportation, storage, and disassembly of electric
                    drive vehicle batteries;
                        ``(VIII) any recommendations for areas of
                    coordination with other Federal agencies to improve
                    electric drive vehicle battery recycling rates in the
                    United States;
                        ``(IX) an aggressive 2-year target and plan, the
                    implementation of which shall begin during the 90-day
                    period beginning on the date on which the report is
                    submitted, to enhance the competitiveness of electric
                    drive vehicle battery manufacturing and recycling in
                    the United States; and
                        ``(X) needs for future research, development, and
                    demonstration projects in electric drive vehicle
                    battery manufacturing, recycling, and related areas, as
                    determined by the Secretary.

                ``(G) Evaluation.--Not later than 3 years after the date on
            which the report under subparagraph (F)(ii) is submitted, and
            every 4 years thereafter, the Secretary shall conduct, and make
            available to the public and the relevant committees of
            Congress, an independent review of the progress of the grants
            awarded under subparagraph (D) in meeting the recommendations
            and targets included in the report.''; and
            (2) in subsection (p), by striking paragraph (6) and inserting
        the following:
            ``(6) the electric drive vehicle battery recycling and second-
        life applications program under subsection (k) $200,000,000 for the
        period of fiscal years 2022 through 2026.''.
    SEC. 40209. ADVANCED ENERGY MANUFACTURING AND RECYCLING GRANT PROGRAM.
        (a) Definitions.--In this section:
            (1) Advanced energy property.--The term ``advanced energy
        property'' means--
                (A) property designed to be used to produce energy from the
            sun, water, wind, geothermal or hydrothermal (as those terms
            are defined in section 612 of the Energy Independence and
            Security Act of 2007 (42 U.S.C. 17191)) resources, enhanced
            geothermal systems (as defined in that section), or other
            renewable resources;
                (B) fuel cells, microturbines, or energy storage systems
            and components;
                (C) electric grid modernization equipment or components;
                (D) property designed to capture, remove, use, or sequester
            carbon oxide emissions;
                (E) equipment designed to refine, electrolyze, or blend any
            fuel, chemical, or product that is--
                    (i) renewable; or
                    (ii) low-carbon and low-emission;
                (F) property designed to produce energy conservation
            technologies (including for residential, commercial, and
            industrial applications);
                (G)(i) light-, medium-, or heavy-duty electric or fuel cell
            vehicles, electric or fuel cell locomotives, electric or fuel
            cell maritime vessels, or electric or fuel cell planes;
                (ii) technologies, components, and materials of those
            vehicles, locomotives, maritime vessels, or planes; and
                (iii) charging or refueling infrastructure associated with
            those vehicles, locomotives, maritime vessels, or planes;
                (H)(i) hybrid vehicles with a gross vehicle weight rating
            of not less than 14,000 pounds; and
                (ii) technologies, components, and materials for those
            vehicles; and
                (I) other advanced energy property designed to reduce
            greenhouse gas emissions, as may be determined by the
            Secretary.
            (2) Covered census tract.--The term ``covered census tract''
        means a census tract--
                (A) in which, after December 31, 1999, a coal mine had
            closed;
                (B) in which, after December 31, 2009, a coal-fired
            electricity generating unit had been retired; or
                (C) that is immediately adjacent to a census tract
            described in subparagraph (A) or (B).
            (3) Eligible entity.--The term ``eligible entity'' means a
        manufacturing firm--
                (A) the gross annual sales of which are less than
            $100,000,000;
                (B) that has fewer than 500 employees at the plant site of
            the manufacturing firm; and
                (C) the annual energy bills of which total more than
            $100,000 but less than $2,500,000.
            (4) Minority-owned.--The term ``minority-owned'', with respect
        to an eligible entity, means an eligible entity not less than 51
        percent of which is owned by 1 or more individuals who are--
                (A) citizens of the United States; and
                (B) Asian American, Native Hawaiian, Pacific Islander,
            African American, Hispanic, Puerto Rican, Native American, or
            Alaska Native.
            (5) Program.--The term ``Program'' means the grant program
        established under subsection (b).
            (6) Qualifying advanced energy project.--The term ``qualifying
        advanced energy project'' means a project that--
                (A)(i) re-equips, expands, or establishes a manufacturing
            or recycling facility for the production or recycling, as
            applicable, of advanced energy property; or
                (ii) re-equips an industrial or manufacturing facility with
            equipment designed to reduce the greenhouse gas emissions of
            that facility substantially below the greenhouse gas emissions
            under current best practices, as determined by the Secretary,
            through the installation of--
                    (I) low- or zero-carbon process heat systems;
                    (II) carbon capture, transport, utilization, and
                storage systems;
                    (III) technology relating to energy efficiency and
                reduction in waste from industrial processes; or
                    (IV) any other industrial technology that significantly
                reduces greenhouse gas emissions, as determined by the
                Secretary;
                (B) has a reasonable expectation of commercial viability,
            as determined by the Secretary; and
                (C) is located in a covered census tract.
        (b) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish a program to award
    grants to eligible entities to carry out qualifying advanced energy
    projects.
        (c) Applications.--
            (1) In general.--Each eligible entity seeking a grant under the
        Program shall submit to the Secretary an application at such time,
        in such manner, and containing such information as the Secretary
        may require, including a description of the proposed qualifying
        advanced energy project to be carried out using the grant.
            (2) Selection criteria.--
                (A) Projects.--In selecting eligible entities to receive
            grants under the Program, the Secretary shall, with respect to
            the qualifying advanced energy projects proposed by the
            eligible entities, give higher priority to projects that--
                    (i) will provide higher net impact in avoiding or
                reducing anthropogenic emissions of greenhouse gases;
                    (ii) will result in a higher level of domestic job
                creation (both direct and indirect) during the lifetime of
                the project;
                    (iii) will result in a higher level of job creation in
                the vicinity of the project, particularly with respect to--

                        (I) low-income communities (as described in section
                    45D(e) of the Internal Revenue Code of 1986); and
                        (II) dislocated workers who were previously
                    employed in manufacturing, coal power plants, or coal
                    mining;

                    (iv) have higher potential for technological innovation
                and commercial deployment;
                    (v) have a lower levelized cost of--

                        (I) generated or stored energy; or
                        (II) measured reduction in energy consumption or
                    greenhouse gas emission (based on costs of the full
                    supply chain); and

                    (vi) have a shorter project time.
                (B) Eligible entities.--In selecting eligible entities to
            receive grants under the Program, the Secretary shall give
            priority to eligible entities that are minority-owned.
        (d) Project Completion and Location; Return of Unobligated Funds.--
            (1) Completion; return of unobligated funds.--An eligible
        entity that receives a grant under the Program shall be required--
                (A) to complete the qualifying advanced energy project
            funded by the grant not later than 3 years after the date of
            receipt of the grant funds; and
                (B) to return to the Secretary any grant funds that remain
            unobligated at the end of that 3-year period.
            (2) Location.--If the Secretary determines that an eligible
        entity awarded a grant under the Program has carried out the
        applicable qualifying advanced energy project at a location that is
        materially different from the location specified in the application
        for the grant, the eligible entity shall be required to return the
        grant funds to the Secretary.
        (e) Technical Assistance.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall provide technical
        assistance on a selective basis to eligible entities that are
        seeking a grant under the Program to enhance the impact of the
        qualifying advanced energy project to be carried out using the
        grant with respect to the selection criteria described in
        subsection (c)(2)(A).
            (2) Applications.--An eligible entity desiring technical
        assistance under paragraph (1) shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (3) Factors for consideration.--In selecting eligible entities
        for technical assistance under paragraph (1), the Secretary shall
        give higher priority to eligible entities that propose a qualifying
        advanced energy project that has greater potential for enhancement
        of the impact of the project with respect to the selection criteria
        described in subsection (c)(2)(A).
        (f) Publication of Grants.--The Secretary shall make publicly
    available the identity of each eligible entity awarded a grant under
    the Program and the amount of the grant.
        (g) Report.--Not later than 4 years after the date of enactment
    this Act, the Secretary shall--
            (1) review the grants awarded under the Program; and
            (2) submit to the Committee on Energy and Natural Resources of
        the Senate and the Committee on Energy and Commerce of the House of
        Representatives a report describing those grants.
        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out the Program $750,000,000 for
    the period of fiscal years 2022 through 2026.
    SEC. 40210. CRITICAL MINERALS MINING AND RECYCLING RESEARCH.
        (a) Definitions.--In this section:
            (1) Critical mineral.--The term ``critical mineral'' has the
        meaning given the term in section 7002(a) of the Energy Act of 2020
        (30 U.S.C. 1606(a)).
            (2) Critical minerals and metals.--The term ``critical minerals
        and metals'' includes any host mineral of a critical mineral.
            (3) Director.--The term ``Director'' means the Director of the
        Foundation.
            (4) End-to-end.--The term ``end-to-end'', with respect to the
        integration of mining or life cycle of minerals, means the
        integrated approach of, or the lifecycle determined by, examining
        the research and developmental process from the mining of the raw
        minerals to its processing into useful materials, its integration
        into components and devices, the utilization of such devices in the
        end-use application to satisfy certain performance metrics, and the
        recycling or disposal of such devices.
            (5) Foreign entity of concern.--The term ``foreign entity of
        concern'' means a foreign entity that is--
                (A) designated as a foreign terrorist organization by the
            Secretary of State under section 219(a) of the Immigration and
            Nationality Act (8 U.S.C. 1189(a));
                (B) included on the list of specially designated nationals
            and blocked persons maintained by the Office of Foreign Assets
            Control of the Department of the Treasury (commonly known as
            the SDN list);
                (C) owned by, controlled by, or subject to the jurisdiction
            or direction of a government of a foreign country that is a
            covered nation (as defined in section 2533c(d) of title 10,
            United States Code);
                (D) alleged by the Attorney General to have been involved
            in activities for which a conviction was obtained under--
                    (i) chapter 37 of title 18, United States Code
                (commonly known as the ``Espionage Act'');
                    (ii) section 951 or 1030 of title 18, United States
                Code;
                    (iii) chapter 90 of title 18, United States Code
                (commonly known as the ``Economic Espionage Act of 1996)'';
                    (iv) the Arms Export Control Act (22 U.S.C. 2751 et
                seq.);
                    (v) section 224, 225, 226, 227, or 236 of the Atomic
                Energy Act of 1954 (42 U.S.C. 2274, 2275, 2276, 2277, and
                2284);
                    (vi) the Export Control Reform Act of 2018 (50 U.S.C.
                4801 et seq.); or
                    (vii) the International Emergency Economic Powers Act
                (50 U.S.C. 1701 et seq.); or
                (E) determined by the Secretary of Commerce, in
            consultation with the Secretary of Defense and the Director of
            National Intelligence, to be engaged in unauthorized conduct
            that is detrimental to the national security or foreign policy
            of the United States.
            (6) Foundation.--The term ``Foundation'' means the National
        Science Foundation.
            (7) Institution of higher education.--The term ``institution of
        higher education'' has the meaning given the term in section 101 of
        the Higher Education Act of 1965 (20 U.S.C. 1001).
            (8) National laboratory.--The term ``National Laboratory'' has
        the meaning given the term in section 2 of the Energy Policy Act of
        2005 (42 U.S.C. 15801).
            (9) Recycling.--The term ``recycling'' means the process of
        collecting and processing spent materials and devices and turning
        the materials and devices into raw materials or components that can
        be reused either partially or completely.
            (10) Secondary recovery.--The term ``secondary recovery'' means
        the recovery of critical minerals and metals from discarded end-use
        products or from waste products produced during the metal refining
        and manufacturing process, including from mine waste piles, acid
        mine drainage sludge, or byproducts produced through legacy mining
        and metallurgy activities.
        (b) Critical Minerals Mining and Recycling Research and
    Development.--
            (1) In general.--In order to support supply chain resiliency,
        the Secretary, in coordination with the Director, shall issue
        awards, on a competitive basis, to eligible entities described in
        paragraph (2) to support basic research that will accelerate
        innovation to advance critical minerals mining, recycling, and
        reclamation strategies and technologies for the purposes of--
                (A) making better use of domestic resources; and
                (B) eliminating national reliance on minerals and mineral
            materials that are subject to supply disruptions.
            (2) Eligible entities.--Entities eligible to receive an award
        under paragraph (1) are the following:
                (A) Institutions of higher education.
                (B) National Laboratories.
                (C) Nonprofit organizations.
                (D) Consortia of entities described in subparagraphs (A)
            through (C), including consortia that collaborate with private
            industry.
            (3) Use of funds.--Activities funded by an award under this
        section may include--
                (A) advancing mining research and development activities to
            develop new mapping and mining technologies and techniques,
            including advanced critical mineral extraction and production--
                    (i) to improve existing, or to develop new, supply
                chains of critical minerals; and
                    (ii) to yield more efficient, economical, and
                environmentally benign mining practices;
                (B) advancing critical mineral processing research
            activities to improve separation, alloying, manufacturing, or
            recycling techniques and technologies that can decrease the
            energy intensity, waste, potential environmental impact, and
            costs of those activities;
                (C) advancing research and development of critical minerals
            mining and recycling technologies that take into account the
            potential end-uses and disposal of critical minerals, in order
            to improve end-to-end integration of mining and technological
            applications;
                (D) conducting long-term earth observation of reclaimed
            mine sites, including the study of the evolution of microbial
            diversity at those sites;
                (E) examining the application of artificial intelligence
            for geological exploration of critical minerals, including what
            size and diversity of data sets would be required;
                (F) examining the application of machine learning for
            detection and sorting of critical minerals, including what size
            and diversity of data sets would be required;
                (G) conducting detailed isotope studies of critical
            minerals and the development of more refined geologic models;
            or
                (H) providing training and research opportunities to
            undergraduate and graduate students to prepare the next
            generation of mining engineers and researchers.
        (c) Critical Minerals Interagency Subcommittee.--
            (1) In general.--In order to support supply chain resiliency,
        the Critical Minerals Subcommittee of the National Science and
        Technology Council (referred to in this subsection as the
        ``Subcommittee'') shall coordinate Federal science and technology
        efforts to ensure secure and reliable supplies of critical minerals
        to the United States.
            (2) Purposes.--The purposes of the Subcommittee shall be--
                (A) to advise and assist the National Science and
            Technology Council, including the Committee on Homeland and
            National Security of the National Science and Technology
            Council, on United States policies, procedures, and plans
            relating to critical minerals, including--
                    (i) Federal research, development, and deployment
                efforts to optimize methods for extractions, concentration,
                separation, and purification of conventional, secondary,
                and unconventional sources of critical minerals, including
                research that prioritizes end-to-end integration of mining
                and recycling techniques and the end-use target for
                critical minerals;
                    (ii) efficient use and reuse of critical minerals,
                including recycling technologies for critical minerals and
                the reclamation of critical minerals from components, such
                as spent batteries;
                    (iii) addressing the technology transitions between
                research or lab-scale mining and recycling and
                commercialization of these technologies;
                    (iv) the critical minerals workforce of the United
                States; and
                    (v) United States private industry investments in
                innovation and technology transfer from federally funded
                science and technology;
                (B) to identify emerging opportunities, stimulate
            international cooperation, and foster the development of secure
            and reliable supply chains of critical minerals, including
            activities relating to the reuse of critical minerals via
            recycling;
                (C) to ensure the transparency of information and data
            related to critical minerals; and
                (D) to provide recommendations on coordination and
            collaboration among the research, development, and deployment
            programs and activities of Federal agencies to promote a secure
            and reliable supply of critical minerals necessary to maintain
            national security, economic well-being, and industrial
            production.
            (3) Responsibilities.--In carrying out paragraphs (1) and (2),
        the Subcommittee may, taking into account the findings and
        recommendations of relevant advisory committees--
                (A) provide recommendations on how Federal agencies may
            improve the topographic, geologic, and geophysical mapping of
            the United States and improve the discoverability,
            accessibility, and usability of the resulting and existing
            data, to the extent permitted by law and subject to appropriate
            limitation for purposes of privacy and security;
                (B) assess the progress toward developing critical minerals
            recycling and reprocessing technologies;
                (C) assess the end-to-end lifecycle of critical minerals,
            including for mining, usage, recycling, and end-use material
            and technology requirements;
                (D) examine, and provide recommendations for, options for
            accessing and developing critical minerals through investment
            and trade with allies and partners of the United States;
                (E) evaluate and provide recommendations to incentivize the
            development and use of advances in science and technology in
            the private industry;
                (F) assess the need for, and make recommendations to
            address, the challenges the United States critical minerals
            supply chain workforce faces, including--
                    (i) aging and retiring personnel and faculty;
                    (ii) public perceptions about the nature of mining and
                mineral processing; and
                    (iii) foreign competition for United States talent;
                (G) develop, and update as necessary, a strategic plan to
            guide Federal programs and activities to enhance--
                    (i) scientific and technical capabilities across
                critical mineral supply chains, including a roadmap that
                identifies key research and development needs and
                coordinates ongoing activities for source diversification,
                more efficient use, recycling, and substitution for
                critical minerals; and
                    (ii) cross-cutting mining science, data science
                techniques, materials science, manufacturing science and
                engineering, computational modeling, and environmental
                health and safety research and development; and
                (H) report to the appropriate committees of Congress on
            activities and findings under this subsection.
            (4) Mandatory responsibilities.--In carrying out paragraphs (1)
        and (2), the Subcommittee shall, taking into account the findings
        and recommendations of relevant advisory committees, identify and
        evaluate Federal policies and regulations that restrict the mining
        of critical minerals.
        (d) Grant Program for Processing of Critical Minerals and
    Development of Critical Minerals and Metals.--
            (1) Establishment.--The Secretary, in consultation with the
        Director, the Secretary of the Interior, and the Secretary of
        Commerce, shall establish a grant program to finance pilot projects
        for--
                (A) the processing or recycling of critical minerals in the
            United States; or
                (B) the development of critical minerals and metals in the
            United States
            (2) Limitation on grant awards.--A grant awarded under
        paragraph (1) may not exceed $10,000,000.
            (3) Economic viability.--In awarding grants under paragraph
        (1), the Secretary shall give priority to projects that the
        Secretary determines are likely to be economically viable over the
        long term.
            (4) Secondary recovery.--In awarding grants under paragraph
        (1), the Secretary shall seek to award not less than 30 percent of
        the total amount of grants awarded during the fiscal year for
        projects relating to secondary recovery of critical minerals and
        metals.
            (5) Domestic priority.--In awarding grants for the development
        of critical minerals and metals under paragraph (1)(B), the
        Secretary shall prioritize pilot projects that will process the
        critical minerals and metals domestically.
            (6) Prohibition on processing by foreign entity of concern.--In
        awarding grants under paragraph (1), the Secretary shall ensure
        that pilot projects do not export for processing any critical
        minerals and metals to a foreign entity of concern.
            (7) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the grant program
        established under paragraph (1) $100,000,000 for each of fiscal
        years 2021 through 2024.
    SEC. 40211. 21ST CENTURY ENERGY WORKFORCE ADVISORY BOARD.
        (a) Establishment.--The Secretary shall establish a board, to be
    known as the ``21st Century Energy Workforce Advisory Board'', to
    develop a strategy for the Department that, with respect to the role of
    the Department in the support and development of a skilled energy
    workforce--
            (1) meets the current and future industry and labor needs of
        the energy sector;
            (2) provides opportunities for students to become qualified for
        placement in traditional energy sector and emerging energy sector
        jobs;
            (3) identifies areas in which the Department can effectively
        utilize the technical expertise of the Department to support the
        workforce activities of other Federal agencies;
            (4) strengthens and engages the workforce training programs of
        the Department and the National Laboratories in carrying out the
        Equity in Energy Initiative of the Department and other Department
        workforce priorities;
            (5) develops plans to support and retrain displaced and
        unemployed energy sector workers; and
            (6) prioritizes education and job training for underrepresented
        groups, including racial and ethnic minorities, Indian Tribes,
        women, veterans, and socioeconomically disadvantaged individuals.
        (b) Membership.--
            (1) In general.--The Board shall be composed of not fewer than
        10 and not more than 15 members, with the initial members of the
        Board to be appointed by the Secretary not later than 1 year after
        the date of enactment of this Act.
            (2) Requirement.--The Board shall include not fewer than 1
        representative of a labor organization with significant energy
        experience who has been nominated by a national labor federation.
            (3) Qualifications.--Each individual appointed to the Board
        under paragraph (1) shall have expertise in--
                (A) the field of economics or workforce development;
                (B) relevant traditional energy industries or emerging
            energy industries, including energy efficiency;
                (C) secondary or postsecondary education;
                (D) energy workforce development or apprenticeship programs
            of States or units of local government;
                (E) relevant organized labor organizations; or
                (F) bringing underrepresented groups, including racial and
            ethnic minorities, women, veterans, and socioeconomically
            disadvantaged individuals, into the workforce.
        (c) Advisory Board Review and Recommendations.--
            (1) Determination by board.--In developing the strategy
        required under subsection (a), the Board shall--
                (A) determine whether there are opportunities to more
            effectively and efficiently use the capabilities of the
            Department in the development of a skilled energy workforce;
                (B) identify ways in which the Department could work with
            other relevant Federal agencies, States, units of local
            government, institutions of higher education, labor
            organizations, Indian Tribes and tribal organizations, and
            industry in the development of a skilled energy workforce,
            subject to applicable law;
                (C) identify ways in which the Department and National
            Laboratories can--
                    (i) increase outreach to minority-serving institutions;
                and
                    (ii) make resources available to increase the number of
                skilled minorities and women trained to go into the energy
                and energy-related manufacturing sectors;
                    (iii) increase outreach to displaced and unemployed
                energy sector workers; and
                    (iv) make resources available to provide training to
                displaced and unemployed energy sector workers to reenter
                the energy workforce; and
                (D)(i) identify the energy sectors in greatest need of
            workforce training; and
                (ii) in consultation with the Secretary of Labor, develop
            recommendations for the skills necessary to develop a workforce
            trained to work in those energy sectors.
            (2) Required analysis.--In developing the strategy required
        under subsection (a), the Board shall analyze the effectiveness
        of--
                (A) existing Department-directed support; and
                (B) existing energy workforce training programs.
            (3) Report.--
                (A) In general.--Not later than 1 year after the date on
            which the Board is established under this section, and
            biennially thereafter until the date on which the Board is
            terminated under subsection (f), the Board shall submit to the
            Secretary a report containing, with respect to the strategy
            required under subsection (a)--
                    (i) the findings of the Board; and
                    (ii) the proposed energy workforce strategy of the
                Board.
                (B) Response of the secretary.--Not later than 90 days
            after the date on which a report is submitted to the Secretary
            under subparagraph (A), the Secretary shall--
                    (i) submit to the Board a response to the report that--

                        (I) describes whether the Secretary approves or
                    disapproves of each recommendation of the Board under
                    subparagraph (A); and
                        (II) if the Secretary approves of a recommendation,
                    provides an implementation plan for the recommendation;
                    and

                    (ii) submit to Congress--

                        (I) the report of the Board under subparagraph (A);
                    and
                        (II) the response of the Secretary under clause
                    (i).

                (C) Public availability of report.--
                    (i) In general.--The Board shall make each report under
                subparagraph (A) available to the public on the earlier
                of--

                        (I) the date on which the Board receives the
                    response of the Secretary under subparagraph (B)(i);
                    and
                        (II) the date that is 90 days after the date on
                    which the Board submitted the report to the Secretary.

                    (ii) Requirement.--If the Board has received a response
                to a report from the Secretary under subparagraph (B)(i),
                the Board shall make that response publicly available with
                the applicable report.
        (d) Report by the Secretary.--Not later than 180 days before the
    date of expiration of a term of the Board under subsection (f), the
    Secretary shall submit to the Committees on Energy and Natural
    Resources and Appropriations of the Senate and the Committees on Energy
    and Commerce and Appropriations of the House of Representatives a
    report that--
            (1) describes the effectiveness and accomplishments of the
        Board during the applicable term;
            (2) contains a determination of the Secretary as to whether the
        Board should be renewed; and
            (3) if the Secretary determines that the Board should be
        renewed, any recommendations as to whether and how the scope and
        functions of the Board should be modified.
        (e) Outreach to Minority-Serving Institutions, Veterans, and
    Displaced and Unemployed Energy Workers.--In developing the strategy
    under subsection (a), the Board shall--
            (1) give special consideration to increasing outreach to
        minority-serving institutions, veterans, and displaced and
        unemployed energy workers;
            (2) make resources available to--
                (A) minority-serving institutions, with the objective of
            increasing the number of skilled minorities and women trained
            to go into the energy and manufacturing sectors;
                (B) institutions that serve veterans, with the objective of
            increasing the number veterans in the energy industry by
            ensuring that veterans have the credentials and training
            necessary to secure careers in the energy industry; and
                (C) institutions that serve displaced and unemployed energy
            workers to increase the number of individuals trained for jobs
            in the energy industry;
            (3) encourage the energy industry to improve the opportunities
        for students of minority-serving institutions, veterans, and
        displaced and unemployed energy workers to participate in
        internships, preapprenticeships, apprenticeships, and cooperative
        work-study programs in the energy industry; and
            (4) work with the National Laboratories to increase the
        participation of underrepresented groups, veterans, and displaced
        and unemployed energy workers in internships, fellowships, training
        programs, and employment at the National Laboratories.
        (f) Term.--
            (1) In general.--Subject to paragraph (2), the Board shall
        terminate on September 30, 2026.
            (2) Extensions.--The Secretary may renew the Board for 1 or
        more 5-year periods by submitting, not later than the date
        described in subsection (d), a report described in that subsection
        that contains a determination by the Secretary that the Board
        should be renewed.

           TITLE III--FUELS AND TECHNOLOGY INFRASTRUCTURE INVESTMENTS
     Subtitle A--Carbon Capture, Utilization, Storage, and Transportation
                                 Infrastructure

    SEC. 40301. FINDINGS.
        Congress finds that--
            (1) the industrial sector is integral to the economy of the
        United States--
                (A) providing millions of jobs and essential products; and
                (B) demonstrating global leadership in manufacturing and
            innovation;
            (2) carbon capture and storage technologies are necessary for
        reducing hard-to-abate emissions from the industrial sector, which
        emits nearly 25 percent of carbon dioxide emissions in the United
        States;
            (3) carbon removal and storage technologies, including direct
        air capture, must be deployed at large-scale in the coming decades
        to remove carbon dioxide directly from the atmosphere;
            (4) large-scale deployment of carbon capture, removal,
        utilization, transport, and storage--
                (A) is critical for achieving mid-century climate goals;
            and
                (B) will drive regional economic development, technological
            innovation, and high-wage employment;
            (5) carbon capture, removal, and utilization technologies
        require a backbone system of shared carbon dioxide transport and
        storage infrastructure to enable large-scale deployment, realize
        economies of scale, and create an interconnected carbon management
        market;
            (6) carbon dioxide transport infrastructure and permanent
        geological storage are proven and safe technologies with existing
        Federal and State regulatory frameworks;
            (7) carbon dioxide transport and storage infrastructure share
        similar barriers to deployment previously faced by other types of
        critical national infrastructure, such as high capital costs and
        chicken-and-egg challenges, that require Federal and State support,
        in combination with private investment, to be overcome; and
            (8) each State should take into consideration, with respect to
        new carbon dioxide transportation infrastructure--
                (A) qualifying the infrastructure as pollution control
            devices under applicable laws (including regulations) of the
            State; and
                (B) establishing a waiver of ad valorem and property taxes
            for the infrastructure for a period of not less than 10 years.
    SEC. 40302. CARBON UTILIZATION PROGRAM.
        Section 969A of the Energy Policy Act of 2005 (42 U.S.C. 16298a) is
    amended--
            (1) in subsection (a)--
                (A) by redesignating paragraphs (3) and (4) as paragraphs
            (4) and (5), respectively; and
                (B) by inserting after paragraph (2) the following:
            ``(3) to develop or obtain, in coordination with other
        applicable Federal agencies and standard-setting organizations,
        standards and certifications, as appropriate, to facilitate the
        commercialization of the products and technologies described in
        paragraph (2);'';
            (2) in subsection (b)--
                (A) by redesignating paragraph (2) as paragraph (3);
                (B) by inserting after paragraph (1) the following:
            ``(2) Grant program.--
                ``(A) In general.--Not later than 1 year after the date of
            enactment of the Infrastructure Investment and Jobs Act, the
            Secretary shall establish a program to provide grants to
            eligible entities to use in accordance with subparagraph (D).
                ``(B) Eligible entities.--To be eligible to receive a grant
            under this paragraph, an entity shall be--
                    ``(i) a State;
                    ``(ii) a unit of local government; or
                    ``(iii) a public utility or agency.
                ``(C) Applications.--Eligible entities desiring a grant
            under this paragraph shall submit to the Secretary an
            application at such time, in such manner, and containing such
            information as the Secretary determines to be appropriate.
                ``(D) Use of funds.--An eligible entity shall use a grant
            received under this paragraph to procure and use commercial or
            industrial products that--
                    ``(i) use or are derived from anthropogenic carbon
                oxides; and
                    ``(ii) demonstrate significant net reductions in
                lifecycle greenhouse gas emissions compared to incumbent
                technologies, processes, and products.''; and
                (C) in paragraph (3) (as so redesignated), by striking
            ``paragraph (1)'' and inserting ``this subsection''; and
            (3) by striking subsection (d) and inserting the following:
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
            ``(1) $41,000,000 for fiscal year 2022;
            ``(2) $65,250,000 for fiscal year 2023;
            ``(3) $66,562,500 for fiscal year 2024;
            ``(4) $67,940,625 for fiscal year 2025; and
            ``(5) $69,387,656 for fiscal year 2026.''.
    SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.
        Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is
    amended--
            (1) in subsection (b)(2)--
                (A) in subparagraph (C), by striking ``and'' at the end;
                (B) in subparagraph (D), by striking ``program.'' and
            inserting ``program for carbon capture technologies; and''; and
                (C) by adding at the end the following:
                ``(E) a front-end engineering and design program for carbon
            dioxide transport infrastructure necessary to enable deployment
            of carbon capture, utilization, and storage technologies.'';
            and
            (2) in subsection (d)(1)--
                (A) in subparagraph (C), by striking ``and'' at the end;
                (B) in subparagraph (D), by striking the period at the end
            and inserting ``; and''; and
                (C) by adding at the end the following:
                ``(E) for activities under the front-end engineering and
            design program described in subsection (b)(2)(E), $100,000,000
            for the period of fiscal years 2022 through 2026.''.
    SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE AND
    INNOVATION.
        (a) In General.--Title IX of the Energy Policy Act of 2005 (42
    U.S.C. 16181 et seq.) is amended by adding at the end the following:

    ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
                                   Innovation

    ``SEC. 999A. DEFINITIONS.
        ``In this subtitle:
            ``(1) CIFIA program.--The term `CIFIA program' means the carbon
        dioxide transportation infrastructure finance and innovation
        program established under section 999B(a).
            ``(2) Common carrier.--The term `common carrier' means a
        transportation infrastructure operator or owner that--
                ``(A) publishes a publicly available tariff containing the
            just and reasonable rates, terms, and conditions of
            nondiscriminatory service; and
                ``(B) holds itself out to provide transportation services
            to the public for a fee.
            ``(3) Contingent commitment.--The term `contingent commitment'
        means a commitment to obligate funds from future available budget
        authority that is--
                ``(A) contingent on those funds being made available in law
            at a future date; and
                ``(B) not an obligation of the Federal Government.
            ``(4) Eligible project costs.--The term `eligible project
        costs' means amounts substantially all of which are paid by, or for
        the account of, an obligor in connection with a project,
        including--
                ``(A) the cost of--
                    ``(i) development-phase activities, including planning,
                feasibility analysis, revenue forecasting, environmental
                review, permitting, preliminary engineering and design
                work, and other preconstruction activities;
                    ``(ii) construction, reconstruction, rehabilitation,
                replacement, and acquisition of real property (including
                land relating to the project and improvements to land),
                environmental mitigation, construction contingencies, and
                acquisition and installation of equipment (including
                labor); and
                    ``(iii) capitalized interest necessary to meet market
                requirements, reasonably required reserve funds, capital
                issuance expenses, and other carrying costs during
                construction; and
                ``(B) transaction costs associated with financing the
            project, including--
                    ``(i) the cost of legal counsel and technical
                consultants; and
                    ``(ii) any subsidy amount paid in accordance with
                section 999B(c)(3)(B)(ii) or section 999C(b)(6)(B)(ii).
            ``(5) Federal credit instrument.--The term `Federal credit
        instrument' means a secured loan or loan guarantee authorized to be
        provided under the CIFIA program with respect to a project.
            ``(6) Lender.--The term `lender' means a qualified
        institutional buyer (as defined in section 230.144A(a) of title 17,
        Code of Federal Regulations (or a successor regulation), commonly
        known as Rule 144A(a) of the Securities and Exchange Commission and
        issued under the Securities Act of 1933 (15 U.S.C. 77a et seq.)),
        that is not a Federal qualified institutional buyer.
            ``(7) Letter of interest.--The term `letter of interest' means
        a letter submitted by a potential applicant prior to an application
        for credit assistance in a format prescribed by the Secretary on
        the website of the CIFIA program that--
                ``(A) describes the project and the location, purpose, and
            cost of the project;
                ``(B) outlines the proposed financial plan, including the
            requested credit and grant assistance and the proposed obligor;
                ``(C) provides a status of environmental review; and
                ``(D) provides information regarding satisfaction of other
            eligibility requirements of the CIFIA program.
            ``(8) Loan guarantee.--The term `loan guarantee' means any
        guarantee or other pledge by the Secretary to pay all or part of
        the principal of, and interest on, a loan made to an obligor, or
        debt obligation issued by an obligor, in each case funded by a
        lender.
            ``(9) Master credit agreement.--The term `master credit
        agreement' means a conditional agreement that--
                ``(A) is for the purpose of extending credit assistance
            for--
                    ``(i) a project of high priority under section
                999B(c)(3)(A); or
                    ``(ii) a project covered under section 999B(c)(3)(B);
                ``(B) does not provide for a current obligation of Federal
            funds; and
                ``(C) would--
                    ``(i) make a contingent commitment of a Federal credit
                instrument or grant at a future date, subject to--

                        ``(I) the availability of future funds being made
                    available to carry out the CIFIA program; and
                        ``(II) the satisfaction of all conditions for the
                    provision of credit assistance under the CIFIA program,
                    including section 999C(b);

                    ``(ii) establish the maximum amounts and general terms
                and conditions of the Federal credit instruments or grants;
                    ``(iii) identify the 1 or more revenue sources that
                will secure the repayment of the Federal credit
                instruments;
                    ``(iv) provide for the obligation of funds for the
                Federal credit instruments or grants after all requirements
                have been met for the projects subject to the agreement,
                including--

                        ``(I) compliance with all applicable requirements
                    specified under the CIFIA program, including sections
                    999B(d) and 999C(b)(1); and
                        ``(II) the availability of funds to carry out the
                    CIFIA program; and

                    ``(v) require that contingent commitments shall result
                in a financial close and obligation of credit or grant
                assistance by not later than 4 years after the date of
                entry into the agreement or release of the commitment, as
                applicable, unless otherwise extended by the Secretary.
            ``(10) Obligor.--The term `obligor' means a corporation,
        partnership, joint venture, trust, non-Federal governmental entity,
        agency, or instrumentality, or other entity that is liable for
        payment of the principal of, or interest on, a Federal credit
        instrument.
            ``(11) Produced in the united states.--The term `produced in
        the United States', with respect to iron and steel, means that all
        manufacturing processes for the iron and steel, including the
        application of any coating, occurs within the United States.
            ``(12) Project.--The term `project' means a project for common
        carrier carbon dioxide transportation infrastructure or associated
        equipment, including pipeline, shipping, rail, or other
        transportation infrastructure and associated equipment, that will
        transport or handle carbon dioxide captured from anthropogenic
        sources or ambient air, as the Secretary determines to be
        appropriate.
            ``(13) Project obligation.--The term `project obligation' means
        any note, bond, debenture, or other debt obligation issued by an
        obligor in connection with the financing of a project, other than a
        Federal credit instrument.
            ``(14) Secured loan.--The term `secured loan' means a direct
        loan to an obligor or a debt obligation issued by an obligor and
        purchased by the Secretary, in each case funded by the Secretary in
        connection with the financing of a project under section 999C.
            ``(15) Subsidy amount.--The term `subsidy amount' means the
        amount of budget authority sufficient to cover the estimated long-
        term cost to the Federal Government of a Federal credit
        instrument--
                ``(A) calculated on a net present value basis; and
                ``(B) excluding administrative costs and any incidental
            effects on governmental receipts or outlays in accordance with
            the Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.).
            ``(16) Substantial completion.--The term `substantial
        completion', with respect to a project, means the date--
                ``(A) on which the project commences transportation of
            carbon dioxide; or
                ``(B) of a comparable event to the event described in
            subparagraph (A), as determined by the Secretary and specified
            in the project credit agreement.
    ``SEC. 999B. DETERMINATION OF ELIGIBILITY AND PROJECT SELECTION.
        ``(a) Establishment of Program.--The Secretary shall establish and
    carry out a carbon dioxide transportation infrastructure finance and
    innovation program, under which the Secretary shall provide for
    eligible projects in accordance with this subtitle--
            ``(1) a Federal credit instrument under section 999C;
            ``(2) a grant under section 999D; or
            ``(3) both a Federal credit instrument and a grant.
        ``(b) Eligibility.--
            ``(1) In general.--A project shall be eligible to receive a
        Federal credit instrument or a grant under the CIFIA program if--
                ``(A) the entity proposing to carry out the project submits
            a letter of interest prior to submission of an application
            under paragraph (3) for the project; and
                ``(B) the project meets the criteria described in this
            subsection.
            ``(2) Creditworthiness.--
                ``(A) In general.--Each project and obligor that receives a
            Federal credit instrument or a grant under the CIFIA program
            shall be creditworthy, such that there exists a reasonable
            prospect of repayment of the principal and interest on the
            Federal credit instrument, as determined by the Secretary under
            subparagraph (B).
                ``(B) Reasonable prospect of repayment.--The Secretary
            shall base a determination of whether there is a reasonable
            prospect of repayment under subparagraph (A) on a comprehensive
            evaluation of whether the obligor has a reasonable prospect of
            repaying the Federal credit instrument for the eligible
            project, including evaluation of--
                    ``(i) the strength of the contractual terms of an
                eligible project (if available for the applicable market
                segment);
                    ``(ii) the forecast of noncontractual cash flows
                supported by market projections from reputable sources, as
                determined by the Secretary, and cash sweeps or other
                structural enhancements;
                    ``(iii) the projected financial strength of the
                obligor--

                        ``(I) at the time of loan close; and
                        ``(II) throughout the loan term, including after
                    the project is completed;

                    ``(iv) the financial strength of the investors and
                strategic partners of the obligor, if applicable; and
                    ``(v) other financial metrics and analyses that are
                relied on by the private lending community and nationally
                recognized credit rating agencies, as determined
                appropriate by the Secretary.
            ``(3) Applications.--To be eligible for assistance under the
        CIFIA program, an obligor shall submit to the Secretary a project
        application at such time, in such manner, and containing such
        information as the Secretary determines to be appropriate.
            ``(4) Eligible project costs.--A project under the CIFIA
        program shall have eligible project costs that are reasonably
        anticipated to equal or exceed $100,000,000.
            ``(5) Revenue sources.--The applicable Federal credit
        instrument shall be repayable, in whole or in part, from--
                ``(A) user fees;
                ``(B) payments owing to the obligor under a public-private
            partnership; or
                ``(C) other revenue sources that also secure or fund the
            project obligations.
            ``(6) Obligor will be identified later.--A State, local
        government, agency, or instrumentality of a State or local
        government, or a public authority, may submit to the Secretary an
        application under paragraph (3), under which a private party to a
        public-private partnership will be--
                ``(A) the obligor; and
                ``(B) identified at a later date through completion of a
            procurement and selection of the private party.
            ``(7) Beneficial effects.--The Secretary shall determine that
        financial assistance for each project under the CIFIA program
        will--
                ``(A) attract public or private investment for the project;
            or
                ``(B) enable the project to proceed at an earlier date than
            the project would otherwise be able to proceed or reduce the
            lifecycle costs (including debt service costs) of the project.
            ``(8) Project readiness.--To be eligible for assistance under
        the CIFIA program, the applicant shall demonstrate a reasonable
        expectation that the contracting process for construction of the
        project can commence by not later than 90 days after the date on
        which a Federal credit instrument or grant is obligated for the
        project under the CIFIA program.
        ``(c) Selection Among Eligible Projects.--
            ``(1) Establishment of application process.--The Secretary
        shall establish an application process under which projects that
        are eligible to receive assistance under subsection (b) may--
                ``(A) receive credit assistance on terms acceptable to the
            Secretary, if adequate funds are available (including any funds
            provided on behalf of an eligible project under paragraph
            (3)(B)(ii)) to cover the subsidy amount associated with the
            Federal credit instrument; and
                ``(B) receive grants under section 999D if--
                    ``(i) adequate funds are available to cover the amount
                of the grant; and
                    ``(ii) the Secretary determines that the project is
                eligible under subsection (b).
            ``(2) Priority.--In selecting projects to receive credit
        assistance under subsection (b), the Secretary shall give priority
        to projects that--
                ``(A) are large-capacity, common carrier infrastructure;
                ``(B) have demonstrated demand for use of the
            infrastructure by associated projects that capture carbon
            dioxide from anthropogenic sources or ambient air;
                ``(C) enable geographical diversity in associated projects
            that capture carbon dioxide from anthropogenic sources or
            ambient air, with the goal of enabling projects in all major
            carbon dioxide-emitting regions of the United States; and
                ``(D) are sited within, or adjacent to, existing pipeline
            or other linear infrastructure corridors, in a manner that
            minimizes environmental disturbance and other siting concerns.
            ``(3) Master credit agreements.--
                ``(A) Priority projects.--The Secretary may enter into a
            master credit agreement for a project that the Secretary
            determines--
                    ``(i) will likely be eligible for credit assistance
                under subsection (b), on obtaining--

                        ``(I) additional commitments from associated carbon
                    capture projects to use the project; or
                        ``(II) all necessary permits and approvals; and

                    ``(ii) is a project of high priority, as determined in
                accordance with the criteria described in paragraph (2).
                ``(B) Adequate funding not available.--If the Secretary
            fully obligates funding to eligible projects for a fiscal year
            and adequate funding is not available to fund a Federal credit
            instrument, a project sponsor (including a unit of State or
            local government) of an eligible project may elect--
                    ``(i)(I) to enter into a master credit agreement in
                lieu of the Federal credit instrument; and
                    ``(II) to wait to execute a Federal credit instrument
                until the fiscal year for which additional funds are
                available to receive credit assistance; or
                    ``(ii) if the lack of adequate funding is solely with
                respect to amounts available for the subsidy amount, to pay
                the subsidy amount to fund the Federal credit instrument.
        ``(d) Federal Requirements.--
            ``(1) In general.--Nothing in this subtitle supersedes the
        applicability of any other requirement under Federal law (including
        regulations).
            ``(2) NEPA.--Federal credit assistance may only be provided
        under this subtitle for a project that has received an
        environmental categorical exclusion, a finding of no significant
        impact, or a record of decision under the National Environmental
        Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        ``(e) Use of American Iron, Steel, and Manufactured Goods.--
            ``(1) In general.--Except as provided in paragraph (2), no
        Federal credit instrument or grant provided under the CIFIA program
        shall be made available for a project unless all iron, steel, and
        manufactured goods used in the project are produced in the United
        States.
            ``(2) Exceptions.--Paragraph (1) shall not apply in any case or
        category of cases with respect to which the Secretary determines
        that--
                ``(A) the application would be inconsistent with the public
            interest;
                ``(B) iron, steel, or a relevant manufactured good is not
            produced in the United States in sufficient and reasonably
            available quantity, or of a satisfactory quality; or
                ``(C) the inclusion of iron, steel, or a manufactured good
            produced in the United States will increase the cost of the
            overall project by more than 25 percent.
            ``(3) Waivers.--If the Secretary receives a request for a
        waiver under this subsection, the Secretary shall--
                ``(A) make available to the public a copy of the request,
            together with any information available to the Secretary
            concerning the request--
                    ``(i) on an informal basis; and
                    ``(ii) by electronic means, including on the official
                public website of the Department;
                ``(B) allow for informal public comment relating to the
            request for not fewer than 15 days before making a
            determination with respect to the request; and
                ``(C) approve or disapprove the request by not later than
            the date that is 120 days after the date of receipt of the
            request.
            ``(4) Applicability.--This subsection shall be applied in
        accordance with any applicable obligations of the United States
        under international agreements.
        ``(f) Application Processing Procedures.--
            ``(1) Notice of complete application.--Not later than 30 days
        after the date of receipt of an application under this section, the
        Secretary shall provide to the applicant a written notice
        describing whether--
                ``(A) the application is complete; or
                ``(B) additional information or materials are needed to
            complete the application.
            ``(2) Approval or denial of application.--Not later than 60
        days after the date of issuance of a written notice under paragraph
        (1), the Secretary shall provide to the applicant a written notice
        informing the applicant whether the Secretary has approved or
        disapproved the application.
        ``(g) Development-phase Activities.--Any Federal credit instrument
    provided under the CIFIA program may be used to finance up to 100
    percent of the cost of development-phase activities, as described in
    section 999A(4)(A).
    ``SEC. 999C. SECURED LOANS.
        ``(a) Agreements.--
            ``(1) In general.--Subject to paragraph (2), the Secretary may
        enter into agreements with 1 or more obligors to make secured
        loans, the proceeds of which--
                ``(A) shall be used--
                    ``(i) to finance eligible project costs of any project
                selected under section 999B;
                    ``(ii) to refinance interim construction financing of
                eligible project costs of any project selected under
                section 999B; or
                    ``(iii) to refinance long-term project obligations or
                Federal credit instruments, if the refinancing provides
                additional funding capacity for the completion,
                enhancement, or expansion of any project that--

                        ``(I) is selected under section 999B; or
                        ``(II) otherwise meets the requirements of that
                    section; and

                ``(B) may be used in accordance with subsection (b)(7) to
            pay any fees collected by the Secretary under subparagraph (B)
            of that subsection.
            ``(2) Risk assessment.--Before entering into an agreement under
        this subsection, the Secretary, in consultation with the Director
        of the Office of Management and Budget, shall determine an
        appropriate credit subsidy amount for each secured loan, taking
        into account all relevant factors, including the creditworthiness
        factors under section 999B(b)(2).
        ``(b) Terms and Limitations.--
            ``(1) In general.--A secured loan under this section with
        respect to a project shall be on such terms and conditions and
        contain such covenants, representations, warranties, and
        requirements (including requirements for audits) as the Secretary
        determines to be appropriate.
            ``(2) Maximum amount.--The amount of a secured loan under this
        section shall not exceed an amount equal to 80 percent of the
        reasonably anticipated eligible project costs.
            ``(3) Payment.--A secured loan under this section shall be
        payable, in whole or in part, from--
                ``(A) user fees;
                ``(B) payments owing to the obligor under a public-private
            partnership; or
                ``(C) other revenue sources that also secure or fund the
            project obligations.
            ``(4) Interest rate.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the interest rate on a secured loan under this section shall be
            not less than the interest rate reflected in the yield on
            United States Treasury securities of a similar maturity to the
            maturity of the secured loan on the date of execution of the
            loan agreement.
                ``(B) Limited buydowns.--
                    ``(i) In general.--Subject to clause (iii), the
                Secretary may lower the interest rate of a secured loan
                under this section to not lower than the interest rate
                described in clause (ii), if the interest rate has
                increased during the period--

                        ``(I) beginning on, as applicable--

                            ``(aa) the date on which an application
                        acceptable to the Secretary is submitted for the
                        applicable project; or
                            ``(bb) the date on which the Secretary entered
                        into a master credit agreement for the applicable
                        project; and

                        ``(II) ending on the date on which the Secretary
                    executes the Federal credit instrument for the
                    applicable project that is the subject of the secured
                    loan.

                    ``(ii) Description of interest rate.--The interest rate
                referred to in clause (i) is the interest rate reflected in
                the yield on United States Treasury securities of a similar
                maturity to the maturity of the secured loan in effect, as
                applicable to the project that is the subject of the
                secured loan, on--

                        ``(I) the date described in clause (i)(I)(aa); or
                        ``(II) the date described in clause (i)(I)(bb).

                    ``(iii) Limitation.--The interest rate of a secured
                loan may not be lowered pursuant to clause (i) by more than
                1\1/2\ percentage points (150 basis points).
            ``(5) Maturity date.--The final maturity date of the secured
        loan shall be the earlier of--
                ``(A) the date that is 35 years after the date of
            substantial completion of the project; and
                ``(B) if the useful life of the capital asset being
            financed is of a lesser period, the date that is the end of the
            useful life of the asset.
            ``(6) Nonsubordination.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the secured loan shall not be subordinated to the claims of any
            holder of project obligations in the event of bankruptcy,
            insolvency, or liquidation of the obligor.
                ``(B) Preexisting indenture.--
                    ``(i) In general.--The Secretary shall waive the
                requirement under subparagraph (A) for a public agency
                borrower that is financing ongoing capital programs and has
                outstanding senior bonds under a preexisting indenture,
                if--

                        ``(I) the secured loan is rated in the A category
                    or higher; and
                        ``(II) the secured loan is secured and payable from
                    pledged revenues not affected by project performance,
                    such as a tax-backed revenue pledge or a system-backed
                    pledge of project revenues.

                    ``(ii) Limitation.--If the Secretary waives the
                nonsubordination requirement under this subparagraph--

                        ``(I) the maximum credit subsidy amount to be paid
                    by the Federal Government shall be not more than 10
                    percent of the principal amount of the secured loan;
                    and
                        ``(II) the obligor shall be responsible for paying
                    the remainder of the subsidy amount, if any.

            ``(7) Fees.--
                ``(A) In general.--The Secretary may collect a fee on or
            after the date of the financial close of a Federal credit
            instrument under this section in an amount equal to not more
            than $3,000,000 to cover all or a portion of the costs to the
            Federal Government of providing the Federal credit instrument.
                ``(B) Amendment to add cost of fees to secured loan.--If
            the Secretary collects a fee from an obligor under subparagraph
            (A) to cover all or a portion of the costs to the Federal
            Government of providing a secured loan, the obligor and the
            Secretary may amend the terms of the secured loan to add to the
            principal of the secured loan an amount equal to the amount of
            the fee collected by the Secretary.
            ``(8) Maximum federal involvement.--The total Federal
        assistance provided for a project under the CIFIA program,
        including any grant provided under section 999D, shall not exceed
        an amount equal to 80 percent of the eligible project costs.
        ``(c) Repayment.--
            ``(1) Schedule.--The Secretary shall establish a repayment
        schedule for each secured loan under this section based on--
                ``(A) the projected cash flow from project revenues and
            other repayment sources; and
                ``(B) the useful life of the project.
            ``(2) Commencement.--Scheduled loan repayments of principal or
        interest on a secured loan under this section shall commence not
        later than 5 years after the date of substantial completion of the
        project.
            ``(3) Deferred payments.--
                ``(A) In general.--If, at any time after the date of
            substantial completion of a project, the project is unable to
            generate sufficient revenues in excess of reasonable and
            necessary operating expenses to pay the scheduled loan
            repayments of principal and interest on the secured loan, the
            Secretary may, subject to subparagraph (C), allow the obligor
            to add unpaid principal and interest to the outstanding balance
            of the secured loan.
                ``(B) Interest.--Any payment deferred under subparagraph
            (A) shall--
                    ``(i) continue to accrue interest in accordance with
                subsection (b)(4) until fully repaid; and
                    ``(ii) be scheduled to be amortized over the remaining
                term of the loan.
                ``(C) Criteria.--
                    ``(i) In general.--Any payment deferral under
                subparagraph (A) shall be contingent on the project meeting
                criteria established by the Secretary.
                    ``(ii) Repayment standards.--The criteria established
                pursuant to clause (i) shall include standards for the
                reasonable prospect of repayment.
            ``(4) Prepayment.--
                ``(A) Use of excess revenues.--Any excess revenues that
            remain after satisfying scheduled debt service requirements on
            the project obligations and secured loan and all deposit
            requirements under the terms of any trust agreement, bond
            resolution, or similar agreement securing project obligations
            may be applied annually to prepay the secured loan, without
            penalty.
                ``(B) Use of proceeds of refinancing.--A secured loan may
            be prepaid at any time without penalty from the proceeds of
            refinancing from non-Federal funding sources.
        ``(d) Sale of Secured Loans.--
            ``(1) In general.--Subject to paragraph (2), as soon as
        practicable after substantial completion of a project and after
        notifying the obligor, the Secretary may sell to another entity or
        reoffer into the capital markets a secured loan for the project if
        the Secretary determines that the sale or reoffering can be made on
        favorable terms.
            ``(2) Consent of obligor.--In making a sale or reoffering under
        paragraph (1), the Secretary may not change any original term or
        condition of the secured loan without the written consent of the
        obligor.
        ``(e) Loan Guarantees.--
            ``(1) In general.--The Secretary may provide a loan guarantee
        to a lender in lieu of making a secured loan under this section if
        the Secretary determines that the budgetary cost of the loan
        guarantee is substantially the same as, or less than, that of a
        secured loan.
            ``(2) Terms.--The terms of a loan guarantee under paragraph (1)
        shall be consistent with the terms required under this section for
        a secured loan, except that the rate on the guaranteed loan and any
        prepayment features shall be negotiated between the obligor and the
        lender, with the consent of the Secretary.
    ``SEC. 999D. FUTURE GROWTH GRANTS.
        ``(a) Establishment.--The Secretary may provide grants to pay a
    portion of the cost differential, with respect to any projected future
    increase in demand for carbon dioxide transportation by an
    infrastructure project described in subsection (b), between--
            ``(1) the cost of constructing the infrastructure asset with
        the capacity to transport an increased flow rate of carbon dioxide,
        as made practicable under the project; and
            ``(2) the cost of constructing the infrastructure asset with
        the capacity to transport carbon dioxide at the flow rate initially
        required, based on commitments for the use of the asset.
        ``(b) Eligibility.--To be eligible to receive a grant under this
    section, an entity shall--
            ``(1) be eligible to receive credit assistance under the CIFIA
        program;
            ``(2) carry out, or propose to carry out, a project for large-
        capacity, common carrier infrastructure with a probable future
        increase in demand for carbon dioxide transportation; and
            ``(3) submit to the Secretary an application at such time, in
        such manner, and containing such information as the Secretary
        determines to be appropriate.
        ``(c) Use of Funds.--A grant provided under this section may be
    used only to pay the costs of any additional flow rate capacity of a
    carbon dioxide transportation infrastructure asset that the project
    sponsor demonstrates to the satisfaction of the Secretary can
    reasonably be expected to be used during the 20-year period beginning
    on the date of substantial completion of the project described in
    subsection (b)(2).
        ``(d) Maximum Amount.--The amount of a grant provided under this
    section may not exceed an amount equal to 80 percent of the cost of the
    additional capacity described in subsection (a).
    ``SEC. 999E. PROGRAM ADMINISTRATION.
        ``(a) Requirement.--The Secretary shall establish a uniform system
    to service the Federal credit instruments provided under the CIFIA
    program.
        ``(b) Fees.--If funding sufficient to cover the costs of services
    of expert firms retained pursuant to subsection (d) and all or a
    portion of the costs to the Federal Government of servicing the Federal
    credit instruments is not provided in an appropriations Act for a
    fiscal year, the Secretary, during that fiscal year, may collect fees
    on or after the date of the financial close of a Federal credit
    instrument provided under the CIFIA program at a level that is
    sufficient to cover those costs.
        ``(c) Servicer.--
            ``(1) In general.--The Secretary may appoint a financial entity
        to assist the Secretary in servicing the Federal credit
        instruments.
            ``(2) Duties.--A servicer appointed under paragraph (1) shall
        act as the agent for the Secretary.
            ``(3) Fee.--A servicer appointed under paragraph (1) shall
        receive a servicing fee, subject to approval by the Secretary.
        ``(d) Assistance From Expert Firms.--The Secretary may retain the
    services of expert firms, including counsel, in the field of municipal
    and project finance to assist in the underwriting and servicing of
    Federal credit instruments.
        ``(e) Expedited Processing.--The Secretary shall implement
    procedures and measures to economize the time and cost involved in
    obtaining approval and the issuance of credit assistance under the
    CIFIA program.
    ``SEC. 999F. STATE AND LOCAL PERMITS.
        ``The provision of credit assistance under the CIFIA program with
    respect to a project shall not--
            ``(1) relieve any recipient of the assistance of any project
        obligation to obtain any required State or local permit or approval
        with respect to the project;
            ``(2) limit the right of any unit of State or local government
        to approve or regulate any rate of return on private equity
        invested in the project; or
            ``(3) otherwise supersede any State or local law (including any
        regulation) applicable to the construction or operation of the
        project.
    ``SEC. 999G. REGULATIONS.
        ``The Secretary may promulgate such regulations as the Secretary
    determines to be appropriate to carry out the CIFIA program.
    ``SEC. 999H. AUTHORIZATION OF APPROPRIATIONS; CONTRACT AUTHORITY.
        ``(a) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated to
        the Secretary to carry out this subtitle--
                ``(A) $600,000,000 for each of fiscal years 2022 and 2023;
            and
                ``(B) $300,000,000 for each of fiscal years 2024 through
            2026.
            ``(2) Spending and borrowing authority.--Spending and borrowing
        authority for a fiscal year to enter into Federal credit
        instruments shall be promptly apportioned to the Secretary on a
        fiscal-year basis.
            ``(3) Reestimates.--If the subsidy amount of a Federal credit
        instrument is reestimated, the cost increase or decrease of the
        reestimate shall be borne by, or benefit, the general fund of the
        Treasury, consistent with section 504(f) of the Congressional
        Budget Act of 1974 (2 U.S.C. 661c(f)).
            ``(4) Administrative costs.--Of the amounts made available to
        carry out the CIFIA program, the Secretary may use not more than
        $9,000,000 (as indexed for United States dollar inflation from the
        date of enactment of the Infrastructure Investment and Jobs Act (as
        measured by the Consumer Price Index)) each fiscal year for the
        administration of the CIFIA program.
        ``(b) Contract Authority.--
            ``(1) In general.--Notwithstanding any other provision of law,
        execution of a term sheet by the Secretary of a Federal credit
        instrument that uses amounts made available under the CIFIA program
        shall impose on the United States a contractual obligation to fund
        the Federal credit investment.
            ``(2) Availability.--Amounts made available to carry out the
        CIFIA program for a fiscal year shall be available for obligation
        on October 1 of the fiscal year.''.
        (b) Technical Amendments.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended--
            (1) in the item relating to section 917, by striking
        ``Efficiency'';
            (2) by striking the items relating to subtitle J of title IX
        (relating to ultra-deepwater and unconventional natural gas and
        other petroleum resources) and inserting the following:

     ``Subtitle J--Carbon Dioxide Transportation Infrastructure Finance and
                                   Innovation

    ``Sec. 999A. Definitions.
    ``Sec. 999B. Determination of eligibility and project selection.
    ``Sec. 999C. Secured loans.
    ``Sec. 999D. Future growth grants.
    ``Sec. 999E. Program administration.
    ``Sec. 999F. State and local permits.
    ``Sec. 999G. Regulations.
    ``Sec. 999H. Authorization of appropriations; contract authority.''; and

            (3) by striking the item relating to section 969B and inserting
        the following:
    ``Sec. 969B. High efficiency turbines.''.
    SEC. 40305. CARBON STORAGE VALIDATION AND TESTING.
        Section 963 of the Energy Policy Act of 2005 (42 U.S.C. 16293) is
    amended--
            (1) in subsection (a)(1)(B), by striking ``over a 10-year
        period'';
            (2) in subsection (b)--
                (A) in paragraph (1), by striking ``and demonstration'' and
            inserting ``demonstration, and commercialization''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (G), by striking ``and'' at the
                end;
                    (ii) in subparagraph (H), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by adding at the end the following:

                        ``(I) evaluating the quantity, location, and timing
                    of geologic carbon storage deployment that may be
                    needed, and developing strategies and resources to
                    enable the deployment.'';

            (3) by redesignating subsections (e) through (g) as subsections
        (f) through (h), respectively;
            (4) by inserting after subsection (d) the following:
        ``(e) Large-scale Carbon Storage Commercialization Program.--
            ``(1) In general.--The Secretary shall establish a
        commercialization program under which the Secretary shall provide
        funding for the development of new or expanded commercial large-
        scale carbon sequestration projects and associated carbon dioxide
        transport infrastructure, including funding for the feasibility,
        site characterization, permitting, and construction stages of
        project development.
            ``(2) Applications; selection.--
                ``(A) In general.--To be eligible to enter into an
            agreement with the Secretary for funding under paragraph (1),
            an entity shall submit to the Secretary an application at such
            time, in such manner, and containing such information as the
            Secretary determines to be appropriate.
                ``(B) Application process.--The Secretary shall establish
            an application process that, to the maximum extent
            practicable--
                    ``(i) is open to projects at any stage of development
                described in paragraph (1); and
                    ``(ii) facilitates expeditious development of projects
                described in that paragraph.
                ``(C) Project selection.--In selecting projects for funding
            under paragraph (1), the Secretary shall give priority to--
                    ``(i) projects with substantial carbon dioxide storage
                capacity; or
                    ``(ii) projects that will store carbon dioxide from
                multiple carbon capture facilities.'';
            (5) in subsection (f) (as so redesignated), in paragraph (1),
        by inserting ``with respect to the research, development,
        demonstration program components described in subsections (b)
        through (d)'' before ``give preference''; and
            (6) by striking subsection (h) (as so redesignated) and
        inserting the following:
        ``(h) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $2,500,000,000
    for the period of fiscal years 2022 through 2026.''.
    SEC. 40306. SECURE GEOLOGIC STORAGE PERMITTING.
        (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Class vi well.--The term ``Class VI well'' means a well
        described in section 144.6(f) of title 40, Code of Federal
        Regulations (or successor regulations).
        (b) Authorization of Appropriations for Geologic Sequestration
    Permitting.--There is authorized to be appropriated to the
    Administrator for the permitting of Class VI wells by the Administrator
    for the injection of carbon dioxide for the purpose of geologic
    sequestration in accordance with the requirements of the Safe Drinking
    Water Act (42 U.S.C. 300f et seq.) and the final rule of the
    Administrator entitled ``Federal Requirements Under the Underground
    Injection Control (UIC) Program for Carbon Dioxide (CO2) Geologic
    Sequestration (GS) Wells'' (75 Fed. Reg. 77230 (December 10, 2010)),
    $5,000,000 for each of fiscal years 2022 through 2026.
        (c) State Permitting Program Grants.--
            (1) Establishment.--The Administrator shall award grants to
        States that, pursuant to section 1422 of the Safe Drinking Water
        Act (42 U.S.C. 300h-1), receive the approval of the Administrator
        for a State underground injection control program for permitting
        Class VI wells for the injection of carbon dioxide.
            (2) Use of funds.--A State that receives a grant under
        paragraph (1) shall use the amounts received under the grant to
        defray the expenses of the State related to the establishment and
        operation of a State underground injection control program
        described in paragraph (1).
            (3) Authorization of appropriations.--There is authorized to be
        appropriated to the Administrator to carry out this subsection
        $50,000,000 for the period of fiscal years 2022 through 2026.
    SEC. 40307. GEOLOGIC CARBON SEQUESTRATION ON THE OUTER CONTINENTAL
    SHELF.
        (a) Definitions.--Section 2 of the Outer Continental Shelf Lands
    Act (43 U.S.C. 1331) is amended--
            (1) in the matter preceding subsection (a), by striking ``When
        used in this Act--'' and inserting ``In this Act:'';
            (2) in each subsection, by inserting a subsection heading, the
        text of which is comprised of the term defined in the subsection;
            (3) by striking the semicolon at the end of each subsection
        (other than subsection (q)) and ``; and'' at the end of subsection
        (p) and inserting a period; and
            (4) by adding at the end the following:
        ``(r) Carbon Dioxide Stream.--
            ``(1) In general.--The term `carbon dioxide stream' means
        carbon dioxide that--
                ``(A) has been captured; and
                ``(B) consists overwhelmingly of--
                    ``(i) carbon dioxide plus incidental associated
                substances derived from the source material or capture
                process; and
                    ``(ii) any substances added to the stream for the
                purpose of enabling or improving the injection process.
            ``(2) Exclusions.--The term `carbon dioxide stream' does not
        include additional waste or other matter added to the carbon
        dioxide stream for the purpose of disposal.
        ``(s) Carbon Sequestration.--The term `carbon sequestration' means
    the act of storing carbon dioxide that has been removed from the
    atmosphere or captured through physical, chemical, or biological
    processes that can prevent the carbon dioxide from reaching the
    atmosphere.''.
        (b) Leases, Easements, or Rights-of-way for Energy and Related
    Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43
    U.S.C. 1337(p)(1)) is amended--
            (1) in subparagraph (C), by striking ``or'' after the
        semicolon;
            (2) in subparagraph (D), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following:
                ``(E) provide for, support, or are directly related to the
            injection of a carbon dioxide stream into sub-seabed geologic
            formations for the purpose of long-term carbon
            sequestration.''.
        (c) Clarification.--A carbon dioxide stream injected for the
    purpose of carbon sequestration under subparagraph (E) of section
    8(p)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1337(p)(1))
    shall not be considered to be material (as defined in section 3 of the
    Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C.
    1402)) for purposes of that Act (33 U.S.C. 1401 et seq.).
        (d) Regulations.--Not later than 1 year after the date of enactment
    of this Act, the Secretary of the Interior shall promulgate regulations
    to carry out the amendments made by this section.
    SEC. 40308. CARBON REMOVAL.
        (a) In General.--Section 969D of the Energy Policy Act of 2005 (42
    U.S.C. 16298d) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following:
        ``(j) Regional Direct Air Capture Hubs.--
            ``(1) Definitions.--In this subsection:
                ``(A) Eligible project.--The term `eligible project' means
            a direct air capture project or a component project of a
            regional direct air capture hub.
                ``(B) Regional direct air capture hub.--The term `regional
            direct air capture hub' means a network of direct air capture
            projects, potential carbon dioxide utilization off-takers,
            connective carbon dioxide transport infrastructure, subsurface
            resources, and sequestration infrastructure located within a
            region.
            ``(2) Establishment of program.--
                ``(A) In general.--The Secretary shall establish a program
            under which the Secretary shall provide funding for eligible
            projects that contribute to the development of 4 regional
            direct air capture hubs described in subparagraph (B).
                ``(B) Regional direct air capture hubs.--Each of the 4
            regional direct air capture hubs developed under the program
            under subparagraph (A) shall be a regional direct air capture
            hub that--
                    ``(i) facilitates the deployment of direct air capture
                projects;
                    ``(ii) has the capacity to capture and sequester,
                utilize, or sequester and utilize at least 1,000,000 metric
                tons of carbon dioxide from the atmosphere annually from a
                single unit or multiple interconnected units;
                    ``(iii) demonstrates the capture, processing, delivery,
                and sequestration or end-use of captured carbon; and
                    ``(iv) could be developed into a regional or
                interregional carbon network to facilitate sequestration or
                carbon utilization.
            ``(3) Selection of projects.--
                ``(A) Solicitation of proposals.--
                    ``(i) In general.--Not later than 180 days after the
                date of enactment of the Infrastructure Investment and Jobs
                Act, the Secretary shall solicit applications for funding
                for eligible projects.
                    ``(ii) Additional solicitations.--The Secretary shall
                solicit applications for funding for eligible projects on a
                recurring basis after the first round of applications is
                received under clause (i) until all amounts appropriated to
                carry out this subsection are expended.
                ``(B) Selection of projects for the development of regional
            direct air capture hubs.--Not later than 3 years after the date
            of the deadline for the submission of proposals under
            subparagraph (A)(i), the Secretary shall select eligible
            projects described in paragraph (2)(A).
                ``(C) Criteria.--The Secretary shall select eligible
            projects under subparagraph (B) using the following criteria:
                    ``(i) Carbon intensity of local industry.--To the
                maximum extent practicable, each eligible project shall be
                located in a region with--

                        ``(I) existing carbon-intensive fuel production or
                    industrial capacity; or
                        ``(II) carbon-intensive fuel production or
                    industrial capacity that has retired or closed in the
                    preceding 10 years.

                    ``(ii) Geographic diversity.--To the maximum extent
                practicable, eligible projects shall contribute to the
                development of regional direct air capture hubs located in
                different regions of the United States.
                    ``(iii) Carbon potential.--To the maximum extent
                practicable, eligible projects shall contribute to the
                development of regional direct air capture hubs located in
                regions with high potential for carbon sequestration or
                utilization.
                    ``(iv) Hubs in fossil-producing regions.--To the
                maximum extent practicable, eligible projects shall
                contribute to the development of at least 2 regional direct
                air capture hubs located in economically distressed
                communities in the regions of the United States with high
                levels of coal, oil, or natural gas resources.
                    ``(v) Scalability.--The Secretary shall give priority
                to eligible projects that, as compared to other eligible
                projects, will contribute to the development of regional
                direct air capture hubs with larger initial capacity,
                greater potential for expansion, and lower levelized cost
                per ton of carbon dioxide removed from the atmosphere.
                    ``(vi) Employment.--The Secretary shall give priority
                to eligible projects that are likely to create
                opportunities for skilled training and long-term employment
                to the greatest number of residents of the region.
                    ``(vii) Additional criteria.--The Secretary may take
                into consideration other criteria that, in the judgment of
                the Secretary, are necessary or appropriate to carry out
                this subsection.
                ``(D) Coordination.--To the maximum extent practicable, in
            carrying out the program under this subsection, the Secretary
            shall take into account and coordinate with activities of the
            carbon capture technology program established under section
            962(b)(1), the carbon storage validation and testing program
            established under section 963(b)(1), and the CIFIA program
            established under section 999B(a) such that funding from each
            of the programs is leveraged to contribute toward the
            development of integrated regional and interregional carbon
            capture, removal, transport, sequestration, and utilization
            networks.
                ``(E) Funding of eligible projects.--The Secretary may make
            grants to, or enter into cooperative agreements or contracts
            with, each eligible project selected under subparagraph (B) to
            accelerate commercialization of, and demonstrate the removal,
            processing, transport, sequestration, and utilization of,
            carbon dioxide captured from the atmosphere.
            ``(4) Authorization of appropriations.--There is authorized to
        be appropriated to the Secretary to carry out this subsection
        $3,500,000,000 for the period of fiscal years 2022 through 2026, to
        remain available until expended.''.

                 Subtitle B--Hydrogen Research and Development

    SEC. 40311. FINDINGS; PURPOSE.
        (a) Findings.--Congress finds that--
            (1) hydrogen plays a critical part in the comprehensive energy
        portfolio of the United States;
            (2) the use of the hydrogen resources of the United States--
                (A) promotes energy security and resilience; and
                (B) provides economic value and environmental benefits for
            diverse applications across multiple sectors of the economy;
            and
            (3) hydrogen can be produced from a variety of domestically
        available clean energy sources, including--
                (A) renewable energy resources, including biomass;
                (B) fossil fuels with carbon capture, utilization, and
            storage; and
                (C) nuclear power.
        (b) Purpose.--The purpose of this subtitle is to accelerate
    research, development, demonstration, and deployment of hydrogen from
    clean energy sources by--
            (1) providing a statutory definition for the term ``clean
        hydrogen'';
            (2) establishing a clean hydrogen strategy and roadmap for the
        United States;
            (3) establishing a clearing house for clean hydrogen program
        information at the National Energy Technology Laboratory;
            (4) developing a robust clean hydrogen supply chain and
        workforce by prioritizing clean hydrogen demonstration projects in
        major shale gas regions;
            (5) establishing regional clean hydrogen hubs; and
            (6) authorizing appropriations to carry out the Department of
        Energy Hydrogen Program Plan, dated November 2020, developed
        pursuant to title VIII of the Energy Policy Act of 2005 (42 U.S.C.
        16151 et seq.).
    SEC. 40312. DEFINITIONS.
         Section 803 of the Energy Policy Act of 2005 (42 U.S.C. 16152) is
    amended--
            (1) in paragraph (5), by striking the paragraph designation and
        heading and all that follows through ``when'' in the matter
        preceding subparagraph (A) and inserting the following:
            ``(5) Portable; storage.--The terms `portable' and `storage',
        when'';
            (2) by redesignating paragraphs (1) through (7) as paragraphs
        (2) through (8), respectively; and
            (3) by inserting before paragraph (2) (as so redesignated) the
        following:
            ``(1) Clean hydrogen; hydrogen.--The terms `clean hydrogen' and
        `hydrogen' mean hydrogen produced in compliance with the greenhouse
        gas emissions standard established under section 822(a), including
        production from any fuel source.''.
    SEC. 40313. CLEAN HYDROGEN RESEARCH AND DEVELOPMENT PROGRAM.
        (a) In General.--Section 805 of the Energy Policy Act of 2005 (42
    U.S. 16154) is amended--
            (1) in the section heading, by striking ``programs'' and
        inserting ``clean hydrogen research and development program'';
            (2) in subsection (a)--
                (A) by striking ``research and development program'' and
            inserting ``crosscutting research and development program
            (referred to in this section as the `program')''; and
                (B) by inserting ``processing,'' after ``production,'';
            (3) by striking subsection (b) and inserting the following:
        ``(b) Goals.--The goals of the program shall be--
            ``(1) to advance research and development to demonstrate and
        commercialize the use of clean hydrogen in the transportation,
        utility, industrial, commercial, and residential sectors; and
            ``(2) to demonstrate a standard of clean hydrogen production in
        the transportation, utility, industrial, commercial, and
        residential sectors by 2040.'';
            (4) in subsection (c)(3), by striking ``renewable fuels and
        biofuels'' and inserting ``fossil fuels with carbon capture,
        utilization, and sequestration, renewable fuels, biofuels, and
        nuclear energy'';
            (5) by striking subsection (e) and inserting the following:
        ``(e) Activities.--In carrying out the program, the Secretary, in
    partnership with the private sector, shall conduct activities to
    advance and support--
            ``(1) the establishment of a series of technology cost goals
        oriented toward achieving the standard of clean hydrogen production
        developed under section 822(a);
            ``(2) the production of clean hydrogen from diverse energy
        sources, including--
                ``(A) fossil fuels with carbon capture, utilization, and
            sequestration;
                ``(B) hydrogen-carrier fuels (including ethanol and
            methanol);
                ``(C) renewable energy resources, including biomass;
                ``(D) nuclear energy; and
                ``(E) any other methods the Secretary determines to be
            appropriate;
            ``(3) the use of clean hydrogen for commercial, industrial, and
        residential electric power generation;
            ``(4) the use of clean hydrogen in industrial applications,
        including steelmaking, cement, chemical feedstocks, and process
        heat;
            ``(5) the use of clean hydrogen for use as a fuel source for
        both residential and commercial comfort heating and hot water
        requirements;
            ``(6) the safe and efficient delivery of hydrogen or hydrogen-
        carrier fuels, including--
                ``(A) transmission by pipelines, including retrofitting the
            existing natural gas transportation infrastructure system to
            enable a transition to transport and deliver increasing levels
            of clean hydrogen, clean hydrogen blends, or clean hydrogen
            carriers;
                ``(B) tanks and other distribution methods; and
                ``(C) convenient and economic refueling of vehicles,
            locomotives, maritime vessels, or planes--
                    ``(i) at central refueling stations; or
                    ``(ii) through distributed onsite generation;
            ``(7) advanced vehicle, locomotive, maritime vessel, or plane
        technologies, including--
                ``(A) engine and emission control systems;
                ``(B) energy storage, electric propulsion, and hybrid
            systems;
                ``(C) automotive, locomotive, maritime vessel, or plane
            materials; and
                ``(D) other advanced vehicle, locomotive, maritime vessel,
            or plane technologies;
            ``(8) storage of hydrogen or hydrogen-carrier fuels, including
        the development of materials for safe and economic storage in
        gaseous, liquid, or solid form;
            ``(9) the development of safe, durable, affordable, and
        efficient fuel cells, including fuel-flexible fuel cell power
        systems, improved manufacturing processes, high-temperature
        membranes, cost-effective fuel processing for natural gas, fuel
        cell stack and system reliability, low-temperature operation, and
        cold start capability;
            ``(10) the ability of domestic clean hydrogen equipment
        manufacturers to manufacture commercially available competitive
        technologies in the United States;
            ``(11) the use of clean hydrogen in the transportation sector,
        including in light-, medium-, and heavy-duty vehicles, rail
        transport, aviation, and maritime applications; and
            ``(12) in coordination with relevant agencies, the development
        of appropriate, uniform codes and standards for the safe and
        consistent deployment and commercialization of clean hydrogen
        production, processing, delivery, and end-use technologies.''; and
            (6) by adding at the end the following:
        ``(j) Targets.--Not later than 180 days after the date of enactment
    of the Infrastructure Investment and Jobs Act, the Secretary shall
    establish targets for the program to address near-term (up to 2 years),
    mid-term (up to 7 years), and long-term (up to 15 years) challenges to
    the advancement of clean hydrogen systems and technologies.''.
        (b) Conforming Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
    striking the item relating to section 805 and inserting the following:
    ``Sec. 805. Clean hydrogen research and development program.''.
    SEC. 40314. ADDITIONAL CLEAN HYDROGEN PROGRAMS.
        Title VIII of the Energy Policy Act of 2005 (42 U.S.C. 16151 et
    seq.) is amended--
            (1) by redesignating sections 813 through 816 as sections 818
        through 821, respectively; and
            (2) by inserting after section 812 the following:
        ``SEC. 813. REGIONAL CLEAN HYDROGEN HUBS.
        ``(a) Definition of Regional Clean Hydrogen Hub.--In this section,
    the term `regional clean hydrogen hub' means a network of clean
    hydrogen producers, potential clean hydrogen consumers, and connective
    infrastructure located in close proximity.
        ``(b) Establishment of Program.--The Secretary shall establish a
    program to support the development of at least 4 regional clean
    hydrogen hubs that--
            ``(1) demonstrably aid the achievement of the clean hydrogen
        production standard developed under section 822(a);
            ``(2) demonstrate the production, processing, delivery,
        storage, and end-use of clean hydrogen; and
            ``(3) can be developed into a national clean hydrogen network
        to facilitate a clean hydrogen economy.
        ``(c) Selection of Regional Clean Hydrogen Hubs.--
            ``(1) Solicitation of proposals.--Not later than 180 days after
        the date of enactment of the Infrastructure Investment and Jobs
        Act, the Secretary shall solicit proposals for regional clean
        hydrogen hubs.
            ``(2) Selection of hubs.--Not later than 1 year after the
        deadline for the submission of proposals under paragraph (1), the
        Secretary shall select at least 4 regional clean hydrogen hubs to
        be developed under subsection (b).
            ``(3) Criteria.--The Secretary shall select regional clean
        hydrogen hubs under paragraph (2) using the following criteria:
                ``(A) Feedstock diversity.--To the maximum extent
            practicable--
                    ``(i) at least 1 regional clean hydrogen hub shall
                demonstrate the production of clean hydrogen from fossil
                fuels;
                    ``(ii) at least 1 regional clean hydrogen hub shall
                demonstrate the production of clean hydrogen from renewable
                energy; and
                    ``(iii) at least 1 regional clean hydrogen hub shall
                demonstrate the production of clean hydrogen from nuclear
                energy.
                ``(B) End-use diversity.--To the maximum extent
            practicable--
                    ``(i) at least 1 regional clean hydrogen hub shall
                demonstrate the end-use of clean hydrogen in the electric
                power generation sector;
                    ``(ii) at least 1 regional clean hydrogen hub shall
                demonstrate the end-use of clean hydrogen in the industrial
                sector;
                    ``(iii) at least 1 regional clean hydrogen hub shall
                demonstrate the end-use of clean hydrogen in the
                residential and commercial heating sector; and
                    ``(iv) at least 1 regional clean hydrogen hub shall
                demonstrate the end-use of clean hydrogen in the
                transportation sector.
                ``(C) Geographic diversity.--To the maximum extent
            practicable, each regional clean hydrogen hub--
                    ``(i) shall be located in a different region of the
                United States; and
                    ``(ii) shall use energy resources that are abundant in
                that region.
                ``(D) Hubs in natural gas-producing regions.--To the
            maximum extent practicable, at least 2 regional clean hydrogen
            hubs shall be located in the regions of the United States with
            the greatest natural gas resources.
                ``(E) Employment.--The Secretary shall give priority to
            regional clean hydrogen hubs that are likely to create
            opportunities for skilled training and long-term employment to
            the greatest number of residents of the region.
                ``(F) Additional criteria.--The Secretary may take into
            consideration other criteria that, in the judgment of the
            Secretary, are necessary or appropriate to carry out this title
            ``(4) Funding of regional clean hydrogen hubs.--The Secretary
        may make grants to each regional clean hydrogen hub selected under
        paragraph (2) to accelerate commercialization of, and demonstrate
        the production, processing, delivery, storage, and end-use of,
        clean hydrogen.
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $8,000,000,000
    for the period of fiscal years 2022 through 2026.
        ``SEC. 814. NATIONAL CLEAN HYDROGEN STRATEGY AND ROADMAP.
        ``(a) Development.--
            ``(1) In general.--In carrying out the programs established
        under sections 805 and 813, the Secretary, in consultation with the
        heads of relevant offices of the Department, shall develop a
        technologically and economically feasible national strategy and
        roadmap to facilitate widescale production, processing, delivery,
        storage, and use of clean hydrogen.
            ``(2) Inclusions.--The national clean hydrogen strategy and
        roadmap developed under paragraph (1) shall focus on--
                ``(A) establishing a standard of hydrogen production that
            achieves the standard developed under section 822(a), including
            interim goals towards meeting that standard;
                ``(B)(i) clean hydrogen production and use from natural
            gas, coal, renewable energy sources, nuclear energy, and
            biomass; and
                ``(ii) identifying potential barriers, pathways, and
            opportunities, including Federal policy needs, to transition to
            a clean hydrogen economy;
                ``(C) identifying--
                    ``(i) economic opportunities for the production,
                processing, transport, storage, and use of clean hydrogen
                that exist in the major shale natural gas-producing regions
                of the United States;
                    ``(ii) economic opportunities for the production,
                processing, transport, storage, and use of clean hydrogen
                that exist for merchant nuclear power plants operating in
                deregulated markets; and
                    ``(iii) environmental risks associated with potential
                deployment of clean hydrogen technologies in those regions,
                and ways to mitigate those risks;
                ``(D) approaches, including substrategies, that reflect
            geographic diversity across the country, to advance clean
            hydrogen based on resources, industry sectors, environmental
            benefits, and economic impacts in regional economies;
                ``(E) identifying opportunities to use, and barriers to
            using, existing infrastructure, including all components of the
            natural gas infrastructure system, the carbon dioxide pipeline
            infrastructure system, end-use local distribution networks,
            end-use power generators, LNG terminals, industrial users of
            natural gas, and residential and commercial consumers of
            natural gas, for clean hydrogen deployment;
                ``(F) identifying the needs for and barriers and pathways
            to developing clean hydrogen hubs (including, where
            appropriate, clean hydrogen hubs coupled with carbon capture,
            utilization, and storage hubs) that--
                    ``(i) are regionally dispersed across the United States
                and can leverage natural gas to the maximum extent
                practicable;
                    ``(ii) can demonstrate the efficient production,
                processing, delivery, and use of clean hydrogen;
                    ``(iii) include transportation corridors and modes of
                transportation, including transportation of clean hydrogen
                by pipeline and rail and through ports; and
                    ``(iv) where appropriate, could serve as joint clean
                hydrogen and carbon capture, utilization, and storage hubs;
                ``(G) prioritizing activities that improve the ability of
            the Department to develop tools to model, analyze, and optimize
            single-input, multiple-output integrated hybrid energy systems
            and multiple-input, multiple-output integrated hybrid energy
            systems that maximize efficiency in providing hydrogen, high-
            value heat, electricity, and chemical synthesis services;
                ``(H) identifying the appropriate points of interaction
            between and among Federal agencies involved in the production,
            processing, delivery, storage, and use of clean hydrogen and
            clarifying the responsibilities of those Federal agencies, and
            potential regulatory obstacles and recommendations for
            modifications, in order to support the deployment of clean
            hydrogen; and
                ``(I) identifying geographic zones or regions in which
            clean hydrogen technologies could efficiently and economically
            be introduced in order to transition existing infrastructure to
            rely on clean hydrogen, in support of decarbonizing all
            relevant sectors of the economy.
        ``(b) Reports to Congress.--
            ``(1) In general.--Not later than 180 days after the date of
        enactment of the Infrastructure Investment and Jobs Act, the
        Secretary shall submit to Congress the clean hydrogen strategy and
        roadmap developed under subsection (a).
            ``(2) Updates.--The Secretary shall submit to Congress updates
        to the clean hydrogen strategy and roadmap under paragraph (1) not
        less frequently than once every 3 years after the date on which the
        Secretary initially submits the report and roadmap.
        ``SEC. 815. CLEAN HYDROGEN MANUFACTURING AND RECYCLING.
        ``(a) Clean Hydrogen Manufacturing Initiative.--
            ``(1) In general.--In carrying out the programs established
        under sections 805 and 813, the Secretary shall award multiyear
        grants to, and enter into contracts, cooperative agreements, or any
        other agreements authorized under this Act or other Federal law
        with, eligible entities (as determined by the Secretary) for
        research, development, and demonstration projects to advance new
        clean hydrogen production, processing, delivery, storage, and use
        equipment manufacturing technologies and techniques.
            ``(2) Priority.--In awarding grants or entering into contracts,
        cooperative agreements, or other agreements under paragraph (1),
        the Secretary, to the maximum extent practicable, shall give
        priority to clean hydrogen equipment manufacturing projects that--
                ``(A) increase efficiency and cost-effectiveness in--
                    ``(i) the manufacturing process; and
                    ``(ii) the use of resources, including existing energy
                infrastructure;
                ``(B) support domestic supply chains for materials and
            components;
                ``(C) identify and incorporate nonhazardous alternative
            materials for components and devices;
                ``(D) operate in partnership with tribal energy development
            organizations, Indian Tribes, Tribal organizations, Native
            Hawaiian community-based organizations, or territories or
            freely associated States; or
                ``(E) are located in economically distressed areas of the
            major natural gas-producing regions of the United States.
            ``(3) Evaluation.--Not later than 3 years after the date of
        enactment of the Infrastructure Investment and Jobs Act, and not
        less frequently than once every 4 years thereafter, the Secretary
        shall conduct, and make available to the public and the relevant
        committees of Congress, an independent review of the progress of
        the projects carried out through grants awarded, or contracts,
        cooperative agreements, or other agreements entered into, under
        paragraph (1).
        ``(b) Clean Hydrogen Technology Recycling Research, Development,
    and Demonstration Program.--
            ``(1) In general.--In carrying out the programs established
        under sections 805 and 813, the Secretary shall award multiyear
        grants to, and enter into contracts, cooperative agreements, or any
        other agreements authorized under this Act or other Federal law
        with, eligible entities for research, development, and
        demonstration projects to create innovative and practical
        approaches to increase the reuse and recycling of clean hydrogen
        technologies, including by--
                ``(A) increasing the efficiency and cost-effectiveness of
            the recovery of raw materials from clean hydrogen technology
            components and systems, including enabling technologies such as
            electrolyzers and fuel cells;
                ``(B) minimizing environmental impacts from the recovery
            and disposal processes;
                ``(C) addressing any barriers to the research, development,
            demonstration, and commercialization of technologies and
            processes for the disassembly and recycling of devices used for
            clean hydrogen production, processing, delivery, storage, and
            use;
                ``(D) developing alternative materials, designs,
            manufacturing processes, and other aspects of clean hydrogen
            technologies;
                ``(E) developing alternative disassembly and resource
            recovery processes that enable efficient, cost-effective, and
            environmentally responsible disassembly of, and resource
            recovery from, clean hydrogen technologies; and
                ``(F) developing strategies to increase consumer acceptance
            of, and participation in, the recycling of fuel cells.
            ``(2) Dissemination of results.--The Secretary shall make
        available to the public and the relevant committees of Congress the
        results of the projects carried out through grants awarded, or
        contracts, cooperative agreements, or other agreements entered
        into, under paragraph (1), including any educational and outreach
        materials developed by the projects.
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $500,000,000
    for the period of fiscal years 2022 through 2026.
        ``SEC. 816. CLEAN HYDROGEN ELECTROLYSIS PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Electrolysis.--The term `electrolysis' means a process
        that uses electricity to split water into hydrogen and oxygen.
            ``(2) Electrolyzer.--The term `electrolyzer' means a system
        that produces hydrogen using electrolysis.
            ``(3) Program.--The term `program' means the program
        established under subsection (b).
        ``(b) Establishment.--Not later than 90 days after the date of
    enactment of the Infrastructure Investment and Jobs Act, the Secretary
    shall establish a research, development, demonstration,
    commercialization, and deployment program for purposes of
    commercialization to improve the efficiency, increase the durability,
    and reduce the cost of producing clean hydrogen using electrolyzers.
        ``(c) Goals.--The goals of the program are--
            ``(1) to reduce the cost of hydrogen produced using
        electrolyzers to less than $2 per kilogram of hydrogen by 2026; and
            ``(2) any other goals the Secretary determines are appropriate.
        ``(d) Demonstration Projects.--In carrying out the program, the
    Secretary shall fund demonstration projects--
            ``(1) to demonstrate technologies that produce clean hydrogen
        using electrolyzers; and
            ``(2) to validate information on the cost, efficiency,
        durability, and feasibility of commercial deployment of the
        technologies described in paragraph (1).
        ``(e) Focus.--The program shall focus on research relating to, and
    the development, demonstration, and deployment of--
            ``(1) low-temperature electrolyzers, including liquid-alkaline
        electrolyzers, membrane-based electrolyzers, and other advanced
        electrolyzers, capable of converting intermittent sources of
        electric power to clean hydrogen with enhanced efficiency and
        durability;
            ``(2) high-temperature electrolyzers that combine electricity
        and heat to improve the efficiency of clean hydrogen production;
            ``(3) advanced reversible fuel cells that combine the
        functionality of an electrolyzer and a fuel cell;
            ``(4) new highly active, selective, and durable electrolyzer
        catalysts and electro-catalysts that--
                ``(A) greatly reduce or eliminate the need for platinum
            group metals; and
                ``(B) enable electrolysis of complex mixtures with
            impurities, including seawater;
            ``(5) modular electrolyzers for distributed energy systems and
        the bulk-power system (as defined in section 215(a) of the Federal
        Power Act (16 U.S.C. 824o(a)));
            ``(6) low-cost membranes or electrolytes and separation
        materials that are durable in the presence of impurities or
        seawater;
            ``(7) improved component design and material integration,
        including with respect to electrodes, porous transport layers and
        bipolar plates, and balance-of-system components, to allow for
        scale-up and domestic manufacturing of electrolyzers at a high
        volume;
            ``(8) clean hydrogen storage technologies;
            ``(9) technologies that integrate hydrogen production with--
                ``(A) clean hydrogen compression and drying technologies;
                ``(B) clean hydrogen storage; and
                ``(C) transportation or stationary systems; and
            ``(10) integrated systems that combine hydrogen production with
        renewable power or nuclear power generation technologies, including
        hybrid systems with hydrogen storage.
        ``(f) Grants, Contracts, Cooperative Agreements.--
            ``(1) Grants.--In carrying out the program, the Secretary shall
        award grants, on a competitive basis, to eligible entities for
        projects that the Secretary determines would provide the greatest
        progress toward achieving the goal of the program described in
        subsection (c).
            ``(2) Contracts and cooperative agreements.--In carrying out
        the program, the Secretary may enter into contracts and cooperative
        agreements with eligible entities and Federal agencies for projects
        that the Secretary determines would further the purpose of the
        program described in subsection (b).
            ``(3) Eligibility; applications.--
                ``(A) In general.--The eligibility of an entity to receive
            a grant under paragraph (1), to enter into a contract or
            cooperative agreement under paragraph (2), or to receive
            funding for a demonstration project under subsection (d) shall
            be determined by the Secretary.
                ``(B) Applications.--An eligible entity desiring to receive
            a grant under paragraph (1), to enter into a contract or
            cooperative agreement under paragraph (2), or to receive
            funding for a demonstration project under subsection (d) shall
            submit to the Secretary an application at such time, in such
            manner, and containing such information as the Secretary may
            require.
        ``(g) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out the program $1,000,000,000
    for the period of fiscal years 2022 through 2026, to remain available
    until expended.
        ``SEC. 817. LABORATORY MANAGEMENT.
        ``(a) In General.--The National Energy Technology Laboratory, the
    Idaho National Laboratory, and the National Renewable Energy Laboratory
    shall continue to work in a crosscutting manner to carry out the
    programs established under sections 813 and 815.
        ``(b) Coordination; Clearinghouse.--In carrying out subsection (a),
    the National Energy Technology Laboratory shall--
            ``(1) coordinate with--
                ``(A) the Idaho National Laboratory, the National Renewable
            Energy Laboratory, and other National Laboratories in a cross-
            cutting manner;
                ``(B) institutions of higher education;
                ``(C) research institutes;
                ``(D) industrial researchers; and
                ``(E) international researchers; and
            ``(2) act as a clearinghouse to collect information from, and
        distribute information to, the National Laboratories and other
        entities described in subparagraphs (B) through (E) of paragraph
        (1).''.
    SEC. 40315. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
        (a) In General.--The Energy Policy Act of 2005 (42 U.S.C. 16151 et
    seq.) (as amended by section 40314(1)) is amended by adding at the end
    the following:
        ``SEC. 822. CLEAN HYDROGEN PRODUCTION QUALIFICATIONS.
        ``(a) In General.--Not later than 180 days after the date of
    enactment of the Infrastructure Investment and Jobs Act, the Secretary,
    in consultation with the Administrator of the Environmental Protection
    Agency and after taking into account input from industry and other
    stakeholders, as determined by the Secretary, shall develop an initial
    standard for the carbon intensity of clean hydrogen production that
    shall apply to activities carried out under this title.
        ``(b) Requirements.--
            ``(1) In general.--The standard developed under subsection (a)
        shall--
                ``(A) support clean hydrogen production from each source
            described in section 805(e)(2);
                ``(B) define the term `clean hydrogen' to mean hydrogen
            produced with a carbon intensity equal to or less than 2
            kilograms of carbon dioxide-equivalent produced at the site of
            production per kilogram of hydrogen produced; and
                ``(C) take into consideration technological and economic
            feasibility.
            ``(2) Adjustment.--Not later than the date that is 5 years
        after the date on which the Secretary develops the standard under
        subsection (a), the Secretary, in consultation with the
        Administrator of the Environmental Protection Agency and after
        taking into account input from industry and other stakeholders, as
        determined by the Secretary, shall--
                ``(A) determine whether the definition of clean hydrogen
            required under paragraph (1)(B) should be adjusted below the
            standard described in that paragraph; and
                ``(B) if the Secretary determines the adjustment described
            in subparagraph (A) is appropriate, carry out the adjustment.
        ``(c) Application.--The standard developed under subsection (a)
    shall apply to clean hydrogen production from renewable, fossil fuel
    with carbon capture, utilization, and sequestration technologies,
    nuclear, and other fuel sources using any applicable production
    technology.''.
        (b) Conforming Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 599) is amended by
    striking the items relating to sections 813 through 816 and inserting
    the following:
    ``Sec. 813. Regional clean hydrogen hubs.
    ``Sec. 814. National clean hydrogen strategy and roadmap.
    ``Sec. 815. Clean hydrogen manufacturing and recycling.
    ``Sec. 816. Clean hydrogen electrolysis program.
    ``Sec. 817. Laboratory management.
    ``Sec. 818. Technology transfer
    ``Sec. 819. Miscellaneous provisions.
    ``Sec. 820. Cost sharing.
    ``Sec. 821. Savings clause.
    ``Sec. 822. Clean hydrogen production qualifications.''.

                   Subtitle C--Nuclear Energy Infrastructure

    SEC. 40321. INFRASTRUCTURE PLANNING FOR MICRO AND SMALL MODULAR NUCLEAR
    REACTORS.
        (a) Definitions.--In this section:
            (1) Advanced nuclear reactor.-- The term ``advanced nuclear
        reactor'' has the meaning given the term in section 951(b) of the
        Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
            (2) Isolated community.--The term ``isolated community'' has
        the meaning given the term in section 8011(a) of the Energy Act of
        2020 (42 U.S.C. 17392(a)).
            (3) Micro-reactor.--The term ``micro-reactor'' means an
        advanced nuclear reactor that has an electric power production
        capacity that is not greater than 50 megawatts.
            (4) National laboratory.--The term ``National Laboratory'' has
        the meaning given the term in section 2 of the Energy Policy Act of
        2005 (42 U.S.C. 15801).
            (5) Small modular reactor.--The term ``small modular reactor''
        means an advanced nuclear reactor--
                (A) with a rated capacity of less than 300 electrical
            megawatts; and
                (B) that can be constructed and operated in combination
            with similar reactors at a single site.
        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committees on Energy and
    Commerce and Science, Space, and Technology of the House of
    Representatives a report that describes how the Department could
    enhance energy resilience and reduce carbon emissions with the use of
    micro-reactors and small modular reactors.
        (c) Elements.--The report required by subsection (b) shall address
    the following:
            (1) An evaluation by the Department of current resilience and
        carbon reduction requirements for energy for facilities of the
        Department to determine whether changes are needed to address--
                (A) the need to provide uninterrupted power to facilities
            of the Department for at least 3 days during power grid
            failures;
                (B) the need for protection against cyber threats and
            electromagnetic pulses; and
                (C) resilience to extreme natural events, including
            earthquakes, volcanic activity, tornados, hurricanes, floods,
            tsunamis, lahars, landslides, seiches, a large quantity of
            snowfall, and very low or high temperatures.
            (2) A strategy of the Department for using nuclear energy to
        meet resilience and carbon reduction goals of facilities of the
        Department.
            (3) A strategy to partner with private industry to develop and
        deploy micro-reactors and small modular reactors to remote
        communities in order to replace diesel generation and other fossil
        fuels.
            (4) An assessment by the Department of the value associated
        with enhancing the resilience of a facility of the Department by
        transitioning to power from micro-reactors and small modular
        reactors and to co-located nuclear facilities with the capability
        to provide dedicated power to the facility of the Department during
        a grid outage or failure.
            (5) The plans of the Department--
                (A) for deploying a micro-reactor and a small modular
            reactor to produce energy for use by a facility of the
            Department in the United States by 2026;
                (B) for deploying a small modular reactor to produce energy
            for use by a facility of the Department in the United States by
            2029; and
                (C) to include micro-reactors and small modular reactors in
            the planning for meeting future facility energy needs.
        (d) Financial and Technical Assistance for Siting Micro-reactors,
    Small Modular Reactors, and Advanced Nuclear Reactors.--
            (1) In general.--The Secretary shall offer financial and
        technical assistance to entities to conduct feasibility studies for
        the purpose of identifying suitable locations for the deployment of
        micro-reactors, small modular reactors, and advanced nuclear
        reactors in isolated communities.
            (2) Requirement.--Prior to providing financial and technical
        assistance under paragraph (1), the Secretary shall conduct robust
        community engagement and outreach for the purpose of identifying
        levels of interest in isolated communities.
            (3) Limitation.--The Secretary shall not disburse more than 50
        percent of the amounts available for financial assistance under
        this subsection to the National Laboratories.
    SEC. 40322. PROPERTY INTERESTS RELATING TO CERTAIN PROJECTS AND
    PROTECTION OF INFORMATION RELATING TO CERTAIN AGREEMENTS.
        (a) Property Interests Relating to Federally Funded Advanced
    Nuclear Reactor Projects.--
            (1) Definitions.--In this section:
                (A) Advanced nuclear reactor.--The term ``advanced nuclear
            reactor'' has the meaning given the term in section 951(b) of
            the Energy Policy Act of 2005 (42 U.S.C. 16271(b)).
                (B) Property interest.--
                    (i) In general.--Except as provided in clause (ii), the
                term ``property interest'' means any interest in real
                property or personal property (as those terms are defined
                in section 200.1 of title 2, Code of Federal Regulations
                (as in effect on the date of enactment of this Act)).
                    (ii) Exclusion.--The term ``property interest'' does
                not include any interest in intellectual property developed
                using funding provided under a project described in
                paragraph (3).
            (2) Assignment of property interests.--The Secretary may assign
        to any entity, including the United States, fee title or any other
        property interest acquired by the Secretary under an agreement
        entered into with respect to a project described in paragraph (3).
            (3) Project described.--A project referred to in paragraph (2)
        is--
                (A) a project for which funding is provided pursuant to the
            funding opportunity announcement of the Department numbered DE-
            FOA-0002271, including any project for which funding has been
            provided pursuant to that announcement as of the date of
            enactment of this Act;
                (B) any other project for which funding is provided using
            amounts made available for the Advanced Reactor Demonstration
            Program of the Department under the heading ``Nuclear Energy''
            under the heading ``ENERGY PROGRAMS'' in title III of division
            C of the Further Consolidated Appropriations Act, 2020 (Public
            Law 116-94; 133 Stat. 2670);
                (C) any other project for which Federal funding is provided
            under the Advanced Reactor Demonstration Program of the
            Department; or
                (D) a project--
                    (i) relating to advanced nuclear reactors; and
                    (ii) for which Federal funding is provided under a
                program focused on development and demonstration.
            (4) Retroactive vesting.--The vesting of fee title or any other
        property interest assigned under paragraph (2) shall be retroactive
        to the date on which the applicable project first received Federal
        funding as described in any of subparagraphs (A) through (D) of
        paragraph (3).
        (b) Considerations in Cooperative Research and Development
    Agreements.--
            (1) In general.--Section 12(c)(7)(B) of the Stevenson-Wydler
        Technology Innovation Act of 1980 (15 U.S.C. 3710a(c)(7)(B)) is
        amended--
                (A) by inserting ``(i)'' after ``(B)'';
                (B) in clause (i), as so designated, by striking ``The
            director'' and inserting ``Subject to clause (ii), the
            director''; and
                (C) by adding at the end the following:

                        ``(II) The agency may authorize the director to
                    provide appropriate protections against dissemination
                    described in clause (i) for a total period of not more
                    than 30 years if the agency determines that the nature
                    of the information protected against dissemination,
                    including nuclear technology, could reasonably require
                    an extended period of that protection to reach
                    commercialization.''.

            (2) Applicability.--
                (A) Definition.--In this subsection, the term ``cooperative
            research and development agreement'' has the meaning given the
            term in section 12(d) of the Stevenson-Wydler Technology
            Innovation Act of 1980 (15 U.S.C. 3710a(d)).
                (B) Retroactive effect.--Clause (ii) of section 12(c)(7)(B)
            of the Stevenson-Wydler Technology Innovation Act of 1980 (15
            U.S.C. 3710a(c)(7)(B)), as added by subsection (a) of this
            section, shall apply with respect to any cooperative research
            and development agreement that is in effect as of the day
            before the date of enactment of this Act.
        (c) Department of Energy Contracts.--Section 646(g)(5) of the
    Department of Energy Organization Act (42 U.S.C. 7256(g)(5)) is
    amended--
            (1) by striking ``(5) The Secretary'' and inserting the
        following:
            ``(5) Protection from disclosure.--
                ``(A) In general.--The Secretary''; and
            (2) in subparagraph (A) (as so designated)--
                (A) by striking ``, for up to 5 years after the date on
            which the information is developed,''; and
                (B) by striking ``agency.'' and inserting the following:
            ``agency--
                    ``(i) for up to 5 years after the date on which the
                information is developed; or
                    ``(ii) for up to 30 years after the date on which the
                information is developed, if the Secretary determines that
                the nature of the technology under the transaction,
                including nuclear technology, could reasonably require an
                extended period of protection from disclosure to reach
                commercialization.
                ``(B) Extension during term.--The Secretary may extend the
            period of protection from disclosure during the term of any
            transaction described in subparagraph (A) in accordance with
            that subparagraph.''.
    SEC. 40323. CIVIL NUCLEAR CREDIT PROGRAM.
        (a) Definitions.--In this section:
            (1) Certified nuclear reactor.--The term ``certified nuclear
        reactor'' means a nuclear reactor that--
                (A) competes in a competitive electricity market; and
                (B) is certified under subsection (c)(2)(A)(i) to submit a
            sealed bid in accordance with subsection (d).
            (2) Credit.--The term ``credit'' means a credit allocated to a
        certified nuclear reactor under subsection (e)(2).
        (b) Establishment of Program.--The Secretary shall establish a
    civil nuclear credit program--
            (1) to evaluate nuclear reactors that are projected to cease
        operations due to economic factors; and
            (2) to allocate credits to certified nuclear reactors that are
        selected under paragraph (1)(B) of subsection (e) to receive
        credits under paragraph (2) of that subsection.
        (c) Certification.--
            (1) Application.--
                (A) In general.--In order to be certified under paragraph
            (2)(A)(i), the owner or operator of a nuclear reactor that is
            projected to cease operations due to economic factors shall
            submit to the Secretary an application at such time, in such
            manner, and containing such information as the Secretary
            determines to be appropriate, including--
                    (i) information on the operating costs necessary to
                make the determination described in paragraph
                (2)(A)(ii)(I), including--

                        (I) the average projected annual operating loss in
                    dollars per megawatt-hour, inclusive of the cost of
                    operational and market risks, expected to be incurred
                    by the nuclear reactor over the 4-year period for which
                    credits would be allocated;
                        (II) any private or publicly available data with
                    respect to current or projected bulk power market
                    prices;
                        (III) out-of-market revenue streams;
                        (IV) operations and maintenance costs;
                        (V) capital costs, including fuel; and
                        (VI) operational and market risks;

                    (ii) an estimate of the potential incremental air
                pollutants that would result if the nuclear reactor were to
                cease operations;
                    (iii) known information on the source of produced
                uranium and the location where the uranium is converted,
                enriched, and fabricated into fuel assemblies for the
                nuclear reactor for the 4-year period for which credits
                would be allocated; and
                    (iv) a detailed plan to sustain operations at the
                conclusion of the applicable 4-year period for which
                credits would be allocated--

                        (I) without receiving additional credits; or
                        (II) with the receipt of additional credits of a
                    lower amount than the credits allocated during that 4-
                    year credit period.

                (B) Timeline.--The Secretary shall accept applications
            described in subparagraph (A)--
                    (i) until the date that is 120 days after the date of
                enactment of this Act; and
                    (ii) not less frequently than every year thereafter.
                (C) Payments from state programs.--
                    (i) In general.--The owner or operator of a nuclear
                reactor that receives a payment from a State zero-emission
                credit, a State clean energy contract, or any other State
                program with respect to that nuclear reactor shall be
                eligible to submit an application under subparagraph (A)
                with respect to that nuclear reactor during any application
                period beginning after the 120-day period beginning on the
                date of enactment of this Act.
                    (ii) Requirement.--An application submitted by an owner
                or operator described in clause (i) with respect to a
                nuclear reactor described in that clause shall include all
                projected payments from State programs in determining the
                average projected annual operating loss described in
                subparagraph (A)(i)(I), unless the credits allocated to the
                nuclear reactor pursuant to that application will be used
                to reduce those payments.
            (2) Determination to certify.--
                (A) Determination.--
                    (i) In general.--Not later than 60 days after the
                applicable date under subparagraph (B) of paragraph (1),
                the Secretary shall determine whether to certify, in
                accordance with clauses (ii) and (iii), each nuclear
                reactor for which an application is submitted under
                subparagraph (A) of that paragraph.
                    (ii) Minimum requirements.--To the maximum extent
                practicable, the Secretary shall only certify a nuclear
                reactor under clause (i) if--

                        (I) after considering the information submitted
                    under paragraph (1)(A)(i), the Secretary determines
                    that the nuclear reactor is projected to cease
                    operations due to economic factors;
                        (II) after considering the estimate submitted under
                    paragraph (1)(A)(ii), the Secretary determines that
                    pollutants would increase if the nuclear reactor were
                    to cease operations and be replaced with other types of
                    power generation; and
                        (III) the Nuclear Regulatory Commission has
                    reasonable assurance that the nuclear reactor--

                            (aa) will continue to be operated in accordance
                        with the current licensing basis (as defined in
                        section 54.3 of title 10, Code of Federal
                        Regulations (or successor regulations) of the
                        nuclear reactor; and
                            (bb) poses no significant safety hazards.
                    (iii) Priority.--In determining whether to certify a
                nuclear reactor under clause (i), the Secretary shall give
                priority to a nuclear reactor that uses, to the maximum
                extent available, uranium that is produced, converted,
                enriched, and fabricated into fuel assemblies in the United
                States.
                (B) Notice.--For each application received under paragraph
            (1)(A), the Secretary shall provide to the applicable owner or
            operator, as applicable--
                    (i) a notice of the certification of the applicable
                nuclear reactor; or
                    (ii) a notice that describes the reasons why the
                certification of the applicable nuclear reactor was denied.
        (d) Bidding Process.--
            (1) In general.--Subject to paragraph (2), the Secretary shall
        establish a deadline by which each certified nuclear reactor shall
        submit to the Secretary a sealed bid that--
                (A) describes the price per megawatt-hour of the credits
            desired by the certified nuclear reactor, which shall not
            exceed the average projected annual operating loss described in
            subsection (c)(1)(A)(i)(I); and
                (B) includes a commitment, subject to the receipt of
            credits, to provide a specific number of megawatt-hours of
            generation during the 4-year period for which credits would be
            allocated.
            (2) Requirement.--The deadline established under paragraph (1)
        shall be not later than 30 days after the first date on which the
        Secretary has made the determination described in paragraph
        (2)(A)(i) of subsection (c) with respect to each application
        submitted under paragraph (1)(A) of that subsection.
        (e) Allocation.--
            (1) Auction.--Notwithstanding section 169 of the Atomic Energy
        Act of 1954 (42 U.S.C. 2209), the Secretary shall--
                (A) in consultation with the heads of applicable Federal
            agencies, establish a process for evaluating bids submitted
            under subsection (d)(1) through an auction process; and
                (B) select certified nuclear reactors to be allocated
            credits.
            (2) Credits.--Subject to subsection (f)(2), on selection under
        paragraph (1), a certified nuclear reactor shall be allocated
        credits for a 4-year period beginning on the date of the selection.
            (3) Requirement.--To the maximum extent practicable, the
        Secretary shall use the amounts made available for credits under
        this section to allocate credits to as many certified nuclear
        reactors as possible.
        (f) Renewal.--
            (1) In general.--The owner or operator of a certified nuclear
        reactor may seek to recertify the nuclear reactor in accordance
        with this section.
            (2) Limitation.--Notwithstanding any other provision of this
        section, the Secretary may not allocate any credits after September
        30, 2031.
        (g) Additional Requirements.--
            (1) Audit.--During the 4-year period beginning on the date on
        which a certified nuclear reactor first receives a credit, the
        Secretary shall periodically audit the certified nuclear reactor.
            (2) Recapture.--The Secretary shall, by regulation, provide for
        the recapture of the allocation of any credit to a certified
        nuclear reactor that, during the period described in paragraph
        (1)--
                (A) terminates operations; or
                (B) does not operate at an annual loss in the absence of an
            allocation of credits to the certified nuclear reactor.
            (3) Confidentiality.--The Secretary shall establish procedures
        to ensure that any confidential, private, proprietary, or
        privileged information that is included in a sealed bid submitted
        under this section is not publicly disclosed or otherwise
        improperly used.
        (h) Report.--Not later than January 1, 2024, the Comptroller
    General of the United States shall submit to Congress a report with
    respect to the credits allocated to certified nuclear reactors, which
    shall include--
            (1) an evaluation of the effectiveness of the credits in
        avoiding air pollutants while ensuring grid reliability;
            (2) a quantification of the ratepayer savings achieved under
        this section; and
            (3) any recommendations to renew or expand the credits.
        (i) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $6,000,000,000
    for the period of fiscal years 2022 through 2026.

                             Subtitle D--Hydropower

    SEC. 40331. HYDROELECTRIC PRODUCTION INCENTIVES.
        Section 242 of the Energy Policy Act of 2005 (42 U.S.C. 15881) is
    amended--
            (1) in subsection (b)(2), by striking ``before the date of the
        enactment of this section'' and inserting ``before the date of
        enactment of the Infrastructure Investment and Jobs Act'';
            (2) in the undesignated matter following subsection (b)(3), by
        striking ``the date of the enactment of this section'' and
        inserting ``the date of enactment of the Infrastructure Investment
        and Jobs Act'';
            (3) in subsection (e)(1), in the second sentence, by striking
        ``$750,000'' and inserting ``$1,000,000''; and
            (4) by striking subsection (g) and inserting the following:
        ``(g) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $125,000,000
    for fiscal year 2022, to remain available until expended.''.
    SEC. 40332. HYDROELECTRIC EFFICIENCY IMPROVEMENT INCENTIVES.
        (a) In General.--Section 243 of the Energy Policy Act of 2005 (42
    U.S.C. 15882) is amended--
            (1) in the section heading, by inserting ``incentives'' after
        ``improvement'';
            (2) in subsection (b)--
                (A) in the first sentence, by striking ``10 percent'' and
            inserting ``30 percent'';
                (B) in the second sentence--
                    (i) by striking ``$750,000'' and inserting
                ``$5,000,000''; and
                    (ii) by inserting ``in any 1 fiscal year'' before the
                period at the end; and
            (3) by striking subsection (c) and inserting the following:
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $75,000,000 for fiscal year 2022
    to remain available until expended.''.
        (b) Conforming Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
    striking the item relating to section 243 and inserting the following:
    ``243. Hydroelectric efficiency improvement incentives.''.
    SEC. 40333. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
        (a) In General.--Subtitle C of title II of the Energy Policy Act of
    2005 (Public Law 109-58; 119 Stat. 674) is amended by adding at the end
    the following:
        ``SEC. 247. MAINTAINING AND ENHANCING HYDROELECTRICITY INCENTIVES.
        ``(a) Definition of Qualified Hydroelectric Facility.--In this
    section, the term `qualified hydroelectric facility' means a
    hydroelectric project that--
            ``(1)(A) is licensed by the Federal Energy Regulatory
        Commission; or
            ``(B) is a hydroelectric project constructed, operated, or
        maintained pursuant to a permit or valid existing right-of-way
        granted prior to June 10, 1920, or a license granted pursuant to
        the Federal Power Act (16 U.S.C. 791a et seq.);
            ``(2) is placed into service before the date of enactment of
        this section; and
            ``(3)(A) is in compliance with all applicable Federal, Tribal,
        and State requirements; or
            ``(B) would be brought into compliance with the requirements
        described in subparagraph (A) as a result of the capital
        improvements carried out using an incentive payment under this
        section.
        ``(b) Incentive Payments.--The Secretary shall make incentive
    payments to the owners or operators of qualified hydroelectric
    facilities for capital improvements directly related to--
            ``(1) improving grid resiliency, including--
                ``(A) adapting more quickly to changing grid conditions;
                ``(B) providing ancillary services (including black start
            capabilities, voltage support, and spinning reserves);
                ``(C) integrating other variable sources of electricity
            generation; and
                ``(D) managing accumulated reservoir sediments;
            ``(2) improving dam safety to ensure acceptable performance
        under all loading conditions (including static, hydrologic, and
        seismic conditions), including--
                ``(A) the maintenance or upgrade of spillways or other
            appurtenant structures;
                ``(B) dam stability improvements, including erosion repair
            and enhanced seepage controls; and
                ``(C) upgrades or replacements of floodgates or natural
            infrastructure restoration or protection to improve flood risk
            reduction; or
            ``(3) environmental improvements, including--
                ``(A) adding or improving safe and effective fish passage,
            including new or upgraded turbine technology, fish ladders,
            fishways, and all other associated technology, equipment, or
            other fish passage technology to a qualified hydroelectric
            facility;
                ``(B) improving the quality of the water retained or
            released by a qualified hydroelectric facility;
                ``(C) promoting downstream sediment transport processes and
            habitat maintenance; and
                ``(D) improving recreational access to the project
            vicinity, including roads, trails, boat ingress and egress,
            flows to improve recreation, and infrastructure that improves
            river recreation opportunity.
        ``(c) Limitations.--
            ``(1) Costs.--Incentive payments under this section shall not
        exceed 30 percent of the costs of the applicable capital
        improvement.
            ``(2) Maximum amount.--Not more than 1 incentive payment may be
        made under this section with respect to capital improvements at a
        single qualified hydroelectric facility in any 1 fiscal year, the
        amount of which shall not exceed $5,000,000.
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $553,600,000
    for fiscal year 2022, to remain available until expended.''.
        (b) Conforming Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 595) is amended by
    inserting after the item relating to section 246 the following:
    ``247. Maintaining and enhancing hydroelectricity incentives.''.
    SEC. 40334. PUMPED STORAGE HYDROPOWER WIND AND SOLAR INTEGRATION AND
    SYSTEM RELIABILITY INITIATIVE.
        Section 3201 of the Energy Policy Act of 2020 (42 U.S.C. 17232) is
    amended--
            (1) by redesignating subsections (e) through (g) as subsections
        (f) through (h), respectively; and
            (2) by inserting after subsection (d) the following:
        ``(e) Pumped Storage Hydropower Wind and Solar Integration and
    System Reliability Initiative.--
            ``(1) Definition of eligible entity.--In this subsection, the
        term `eligible entity' means--
                ``(A)(i) an electric utility, including--
                    ``(I) a political subdivision of a State, such as a
                municipally owned electric utility; or
                    ``(II) an instrumentality of a State composed of
                municipally owned electric utilities;
                ``(ii) an electric cooperative; or
                ``(iii) an investor-owned utility;
                ``(B) an Indian Tribe or Tribal organization;
                ``(C) a State energy office;
                ``(D) an institution of higher education; and
                ``(E) a consortium of the entities described in
            subparagraphs (A) through (D).
            ``(2) Demonstration project.--
                ``(A) In general.--Not later than September 30, 2023, the
            Secretary shall, to the maximum extent practicable, enter into
            an agreement with an eligible entity to provide financial
            assistance to the eligible entity to carry out project design,
            transmission studies, power market assessments, and permitting
            for a pumped storage hydropower project to facilitate the long-
            duration storage of intermittent renewable electricity.
                ``(B) Project requirements.--To be eligible for financial
            assistance under subparagraph (A), a project shall--
                    ``(i) be designed to provide not less than 1,000
                megawatts of storage capacity;
                    ``(ii) be able to provide energy and capacity for use
                in more than 1 organized electricity market;
                    ``(iii) be able to store electricity generated by
                intermittent renewable electricity projects located on
                Tribal land; and
                    ``(iv) have received a preliminary permit from the
                Federal Energy Regulatory Commission.
                ``(C) Matching requirement.--An eligible entity receiving
            financial assistance under subparagraph (A) shall provide
            matching funds equal to or greater than the amount of financial
            assistance provided under that subparagraph.
            ``(3) Authorization of appropriations.--There is authorized to
        be appropriated to carry out this subsection $2,000,000 for each of
        fiscal years 2022 through 2026.''.
    SEC. 40335. AUTHORITY FOR PUMPED STORAGE HYDROPOWER DEVELOPMENT USING
    MULTIPLE BUREAU OF RECLAMATION RESERVOIRS.
        Section 9(c) of the Reclamation Project Act of 1939 (43 U.S.C.
    485h(c)) is amended--
            (1) in paragraph (1), in the fourth sentence, by striking ``,
        including small conduit hydropower development'' and inserting
        ``and reserve to the Secretary the exclusive authority to develop
        small conduit hydropower using Bureau of Reclamation facilities and
        pumped storage hydropower exclusively using Bureau of Reclamation
        reservoirs''; and
            (2) in paragraph (8), by striking ``has been filed with the
        Federal Energy Regulatory Commission as of the date of the
        enactment of the Bureau of Reclamation Small Conduit Hydropower
        Development and Rural Jobs Act'' and inserting ``was filed with the
        Federal Energy Regulatory Commission before August 9, 2013, and is
        still pending''.
    SEC. 40336. LIMITATIONS ON ISSUANCE OF CERTAIN LEASES OF POWER
    PRIVILEGE.
        (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal
        Energy Regulatory Commission.
            (2) Director.--The term ``Director'' means the Director of the
        Office of Hearings and Appeals.
            (3) Office of hearings and appeals.--The term ``Office of
        Hearings and Appeals'' means the Office of Hearings and Appeals of
        the Department of the Interior.
            (4) Party.--The term ``party'', with respect to a study plan
        agreement, means each of the following parties to the study plan
        agreement:
                (A) The proposed lessee.
                (B) The Tribes.
            (5) Project.--The term ``project'' means a proposed pumped
        storage facility that--
                (A) would use multiple Bureau of Reclamation reservoirs;
            and
                (B) as of June 1, 2017, was subject to a preliminary permit
            issued by the Commission pursuant to section 4(f) of the
            Federal Power Act (16 U.S.C. 797(f)).
            (6) Proposed lessee.--The term ``proposed lessee'' means the
        proposed lessee of a project.
            (7) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (8) Study plan.--The term ``study plan'' means the plan
        described in subsection (d)(1).
            (9) Study plan agreement.--The term ``study plan agreement''
        means an agreement entered into under subsection (b)(1) and
        described in subsection (c).
            (10) Tribes.--The term ``Tribes'' means--
                (A) the Confederated Tribes of the Colville Reservation;
            and
                (B) the Spokane Tribe of Indians of the Spokane
            Reservation.
        (b) Requirement for Issuance of Leases of Power Privilege.--The
    Secretary shall not issue a lease of power privilege pursuant to
    section 9(c)(1) of the Reclamation Project Act of 1939 (43 U.S.C.
    485h(c)(1)) (as amended by section 40335) for a project unless--
            (1) the proposed lessee and the Tribes have entered into a
        study plan agreement; or
            (2) the Secretary or the Director, as applicable, makes a final
        determination for--
                (A) a study plan agreement under subsection (c)(2); or
                (B) a study plan under subsection (d).
        (c) Study Plan Agreement Requirements.--
            (1) In general.--A study plan agreement shall--
                (A) establish the deadlines for the proposed lessee to
            formally respond in writing to comments and study requests
            about the project previously submitted to the Commission;
                (B) allow for the parties to submit additional comments and
            study requests if any aspect of the project, as proposed,
            differs from an aspect of the project, as described in a
            preapplication document provided to the Commission;
                (C) except as expressly agreed to by the parties or as
            provided in paragraph (2) or subsection (d), require that the
            proposed lessee conduct each study described in--
                    (i) a study request about the project previously
                submitted to the Commission; or
                    (ii) any additional study request submitted in
                accordance with the study plan agreement;
                (D) require that the proposed lessee study any potential
            adverse economic effects of the project on the Tribes,
            including effects on--
                    (i) annual payments to the Confederated Tribes of the
                Colville Reservation under section 5(b) of the Confederated
                Tribes of the Colville Reservation Grand Coulee Dam
                Settlement Act (Public Law 103-436; 108 Stat. 4579); and
                    (ii) annual payments to the Spokane Tribe of Indians of
                the Spokane Reservation authorized after the date of
                enactment of this Act, the amount of which derives from the
                annual payments described in clause (i);
                (E) establish a protocol for communication and consultation
            between the parties;
                (F) provide mechanisms for resolving disputes between the
            parties regarding implementation and enforcement of the study
            plan agreement; and
                (G) contain other provisions determined to be appropriate
            by the parties.
            (2) Disputes.--
                (A) In general.--If the parties cannot agree to the terms
            of a study plan agreement or implementation of those terms, the
            parties shall submit to the Director, for final determination
            on the terms or implementation of the study plan agreement,
            notice of the dispute, consistent with paragraph (1)(F), to the
            extent the parties have agreed to a study plan agreement.
                (B) Inclusion.--A dispute covered by subparagraph (A) may
            include the view of a proposed lessee that an additional study
            request submitted in accordance with paragraph (1)(B) is not
            reasonably calculated to assist the Secretary in evaluating the
            potential impacts of the project.
                (C) Timing.--The Director shall issue a determination
            regarding a dispute under subparagraph (A) not later than 120
            days after the date on which the Director receives notice of
            the dispute under that subparagraph.
        (d) Study Plan.--
            (1) In general.--The proposed lessee shall submit to the
        Secretary for approval a study plan that details the proposed
        methodology for performing each of the studies--
                (A) identified in the study plan agreement of the proposed
            lessee; or
                (B) determined by the Director in a final determination
            regarding a dispute under subsection (c)(2).
            (2) Initial determination.--Not later than 60 days after the
        date on which the Secretary receives the study plan under paragraph
        (1), the Secretary shall make an initial determination that--
                (A) approves the study plan;
                (B) rejects the study plan on the grounds that the study
            plan--
                    (i) lacks sufficient detail on a proposed methodology
                for a study identified in the study plan agreement; or
                    (ii) is inconsistent with the study plan agreement; or
                (C) imposes additional study plan requirements that the
            Secretary determines are necessary to adequately define the
            potential effects of the project on--
                    (i) the exercise of the paramount hunting, fishing, and
                boating rights of the Tribes reserved pursuant to the Act
                of June 29, 1940 (54 Stat. 703, chapter 460; 16 U.S.C. 835d
                et seq.);
                    (ii) the annual payments described in clauses (i) and
                (ii) of subsection (c)(1)(D);
                    (iii) the Columbia Basin project (as defined in section
                1 of the Act of May 27, 1937 (50 Stat. 208, chapter 269; 57
                Stat. 14, chapter 14; 16 U.S.C. 835));
                    (iv) historic properties and cultural or spiritually
                significant resources; and
                    (v) the environment.
            (3) Objections.--
                (A) In general.--Not later than 30 days after the date on
            which the Secretary makes an initial determination under
            paragraph (2), the Tribes or the proposed lessee may submit to
            the Director an objection to the initial determination.
                (B) Final determination.--Not later than 120 days after the
            date on which the Director receives an objection under
            subparagraph (A), the Director shall--
                    (i) hold a hearing on the record regarding the
                objection; and
                    (ii) make a final determination that establishes the
                study plan, including a description of studies the proposed
                lessee is required to perform.
            (4) No objections.--If no objections are submitted by the
        deadline described in paragraph (3)(A), the initial determination
        of the Secretary under paragraph (2) shall be final.
        (e) Conditions of Lease.--
            (1) Consistency with rights of tribes; protection, mitigation,
        and enhancement of fish and wildlife.--
                (A) In general.--Any lease of power privilege issued by the
            Secretary for a project under subsection (b) shall contain
            conditions--
                    (i) to ensure that the project is consistent with, and
                will not interfere with, the exercise of the paramount
                hunting, fishing, and boating rights of the Tribes reserved
                pursuant to the Act of June 29, 1940 (54 Stat. 703, chapter
                460; 16 U.S.C. 835d et seq.); and
                    (ii) to adequately and equitably protect, mitigate
                damages to, and enhance fish and wildlife, including
                related spawning grounds and habitat, affected by the
                development, operation, and management of the project.
                (B) Recommendations of the tribes.--The conditions required
            under subparagraph (A) shall be based on joint recommendations
            of the Tribes.
                (C) Resolving inconsistencies.--
                    (i) In general.--If the Secretary determines that any
                recommendation of the Tribes under subparagraph (B) is not
                reasonably calculated to ensure the project is consistent
                with subparagraph (A) or is inconsistent with the
                requirements of the Reclamation Project Act of 1939 (43
                U.S.C. 485 et seq.), the Secretary shall attempt to resolve
                any such inconsistency with the Tribes, giving due weight
                to the recommendations and expertise of the Tribes.
                    (ii) Publication of findings.--If, after an attempt to
                resolve an inconsistency under clause (i), the Secretary
                does not adopt in whole or in part a recommendation of the
                Tribes under subparagraph (B), the Secretary shall issue
                each of the following findings, including a statement of
                the basis for each of the findings:

                        (I) A finding that adoption of the recommendation
                    is inconsistent with the requirements of the
                    Reclamation Project Act of 1939 (43 U.S.C. 485 et
                    seq.).
                        (II) A finding that the conditions selected by the
                    Secretary to be contained in the lease of power
                    privilege under subparagraph (A) comply with the
                    requirements of clauses (i) and (ii) of that
                    subparagraph.

            (2) Annual charges payable by licensee.--
                (A) In general.--Subject to subparagraph (B), any lease of
            power privilege issued by the Secretary for a project under
            subsection (b) shall contain conditions that require the lessee
            of the project to make direct payments to the Tribes through
            reasonable annual charges in an amount that recompenses the
            Tribes for any adverse economic effect of the project
            identified in a study performed pursuant to the study plan
            agreement for the project.
                (B) Agreement.--
                    (i) In general.--The amount of the annual charges
                described in subparagraph (A) shall be established through
                agreement between the proposed lessee and the Tribes.
                    (ii) Condition.--The agreement under clause (i),
                including any modification of the agreement, shall be
                deemed to be a condition to the lease of power privilege
                issued by the Secretary for a project under subsection (b).
                (C) Dispute resolution.--
                    (i) In general.--If the proposed lessee and the Tribes
                cannot agree to the terms of an agreement under
                subparagraph (B)(i), the proposed lessee and the Tribes
                shall submit notice of the dispute to the Director.
                    (ii) Resolution.--The Director shall resolve the
                dispute described in clause (i) not later than 180 days
                after the date on which the Director receives notice of the
                dispute under that clause.
            (3) Additional conditions.--The Secretary may include in any
        lease of power privilege issued by the Secretary for a project
        under subsection (b) other conditions determined appropriate by the
        Secretary, on the condition that the conditions shall be consistent
        with the Reclamation Project Act of 1939 (43 U.S.C. 485 et seq.).
            (4) Consultation.--In establishing conditions under this
        subsection, the Secretary shall consult with the Tribes.
        (f) Deadlines.--The Secretary or any officer of the Office of
    Hearing and Appeals before whom a proceeding is pending under this
    section may extend any deadline or enlarge any timeframe described in
    this section--
            (1) at the discretion of the Secretary or the officer; or
            (2) on a showing of good cause by any party.
        (g) Judicial Review.--Any final action of the Secretary or the
    Director made pursuant to this section shall be subject to judicial
    review in accordance with chapter 7 of title 5, United States Code.
        (h) Effect on Other Projects.--Nothing in this section establishes
    any precedent or is binding on any Bureau of Reclamation lease of power
    privilege, other than for a project.

                           Subtitle E--Miscellaneous

    SEC. 40341. SOLAR ENERGY TECHNOLOGIES ON CURRENT AND FORMER MINE LAND.
        Section 3004 of the Energy Act of 2020 (42 U.S.C. 16238) is
    amended--
            (1) in subsection (a)--
                (A) by redesignating paragraphs (6) through (15) as
            paragraphs (7) through (16), respectively; and
                (B) by inserting after paragraph (5) the following:
            ``(6) Mine land.--The term `mine land' means--
                ``(A) land subject to titles IV and V of the Surface Mining
            Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30
            U.S.C. 1251 et seq.); and
                ``(B) land that has been claimed or patented subject to
            sections 2319 through 2344 of the Revised Statutes (commonly
            known as the `Mining Law of 1872') (30 U.S.C. 22 et seq.).'';
            and
            (2) in subsection (b)(6)(B)--
                (A) in the matter preceding clause (i), by inserting ``, in
            consultation with the Secretary of the Interior and the
            Administrator of the Environmental Protection Agency for
            purposes of clause (iv),'' after ``the Secretary'';
                (B) in clause (iii), by striking ``and'' after the
            semicolon;
                (C) by redesignating clause (iv) as clause (v); and
                (D) by inserting after clause (iii) the following:
                    ``(iv) a description of the technical and economic
                viability of siting solar energy technologies on current
                and former mine land, including necessary interconnection
                and transmission siting and the impact on local job
                creation; and''.
    SEC. 40342. CLEAN ENERGY DEMONSTRATION PROGRAM ON CURRENT AND FORMER
    MINE LAND.
        (a) Definitions.--In this section:
            (1) Clean energy project.--The term ``clean energy project''
        means a project that demonstrates 1 or more of the following
        technologies:
                (A) Solar.
                (B) Micro-grids.
                (C) Geothermal.
                (D) Direct air capture.
                (E) Fossil-fueled electricity generation with carbon
            capture, utilization, and sequestration.
                (F) Energy storage, including pumped storage hydropower and
            compressed air storage.
                (G) Advanced nuclear technologies.
            (2) Economically distressed area.--The term ``economically
        distressed area'' means an area described in section 301(a) of the
        Public Works and Economic Development Act of 1965 (42 U.S.C.
        3161(a)).
            (3) Mine land.--The term ``mine land'' means--
                (A) land subject to titles IV and V of the Surface Mining
            Control and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.; 30
            U.S.C. 1251 et seq.); and
                (B) land that has been claimed or patented subject to
            sections 2319 through 2344 of the Revised Statutes (commonly
            known as the ``Mining Law of 1872'') (30 U.S.C. 22 et seq.).
            (4) Program.--The term ``program'' means the demonstration
        program established under subsection (b).
        (b) Establishment.--The Secretary shall establish a program to
    demonstrate the technical and economic viability of carrying out clean
    energy projects on current and former mine land.
        (c) Selection of Demonstration Projects.--
            (1) In general.--In carrying out the program, the Secretary
        shall select not more than 5 clean energy projects, to be carried
        out in geographically diverse regions, at least 2 of which shall be
        solar projects.
            (2) Eligibility.--To be eligible to be selected for
        participation in the program under paragraph (1), a clean energy
        project shall demonstrate, as determined by the Secretary, a
        technology on a current or former mine land site with a reasonable
        expectation of commercial viability.
            (3) Priority.--In selecting clean energy projects for
        participation in the program under paragraph (1), the Secretary
        shall prioritize clean energy projects that will--
                (A) be carried out in a location where the greatest number
            of jobs can be created from the successful demonstration of the
            clean energy project;
                (B) provide the greatest net impact in avoiding or reducing
            greenhouse gas emissions;
                (C) provide the greatest domestic job creation (both
            directly and indirectly) during the implementation of the clean
            energy project;
                (D) provide the greatest job creation and economic
            development in the vicinity of the clean energy project,
            particularly--
                    (i) in economically distressed areas; and
                    (ii) with respect to dislocated workers who were
                previously employed in manufacturing, coal power plants, or
                coal mining;
                (E) have the greatest potential for technological
            innovation and commercial deployment;
                (F) have the lowest levelized cost of generated or stored
            energy;
                (G) have the lowest rate of greenhouse gas emissions per
            unit of electricity generated or stored; and
                (H) have the shortest project time from permitting to
            completion.
            (4) Project selection.--The Secretary shall solicit proposals
        for clean energy projects and select clean energy project finalists
        in consultation with the Secretary of the Interior, the
        Administrator of the Environmental Protection Agency, and the
        Secretary of Labor.
            (5) Compatibility with existing operations.--Prior to selecting
        a clean energy project for participation in the program under
        paragraph (1), the Secretary shall consult with, as applicable,
        mining claimholders or operators or the relevant Office of Surface
        Mining Reclamation and Enforcement Abandoned Mine Land program
        office to confirm--
                (A) that the proposed project is compatible with any
            current mining, exploration, or reclamation activities; and
                (B) the valid existing rights of any mining claimholders or
            operators.
        (d) Consultation.--The Secretary shall consult with the Director of
    the Office of Surface Mining Reclamation and Enforcement and the
    Administrator of the Environmental Protection Agency, acting through
    the Office of Brownfields and Land Revitalization, to determine whether
    it is necessary to promulgate regulations or issue guidance in order to
    prioritize and expedite the siting of clean energy projects on current
    and former mine land sites.
        (e) Technical Assistance.--The Secretary shall provide technical
    assistance to project applicants selected for participation in the
    program under subsection (c) to assess the needed interconnection,
    transmission, and other grid components and permitting and siting
    necessary to interconnect, on current and former mine land where the
    project will be sited, any generation or storage with the electric
    grid.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $500,000,000
    for the period of fiscal years 2022 through 2026.
    SEC. 40343. LEASES, EASEMENTS, AND RIGHTS-OF-WAY FOR ENERGY AND RELATED
    PURPOSES ON THE OUTER CONTINENTAL SHELF.
        Section 8(p)(1)(C) of the Outer Continental Shelf Lands Act (43
    U.S.C. 1337(p)(1)(C)) is amended by inserting ``storage,'' before ``or
    transmission''.

    TITLE IV--ENABLING ENERGY INFRASTRUCTURE INVESTMENT AND DATA COLLECTION
                 Subtitle A--Department of Energy Loan Program

    SEC. 40401. DEPARTMENT OF ENERGY LOAN PROGRAMS.
        (a) Title XVII Innovative Energy Loan Guarantee Program.--
            (1) Reasonable prospect of repayment.--Section 1702(d)(1) of
        the Energy Policy Act of 2005 (42 U.S.C. 16512(d)(1)) is amended--
                (A) by striking the paragraph designation and heading and
            all that follows through ``No guarantee'' and inserting the
            following:
            ``(1) Requirement.--
                ``(A) In general.--No guarantee''; and
                (B) by adding at the end the following:
                ``(B) Reasonable prospect of repayment.--The Secretary
            shall base a determination of whether there is reasonable
            prospect of repayment under subparagraph (A) on a comprehensive
            evaluation of whether the borrower has a reasonable prospect of
            repaying the guaranteed obligation for the eligible project,
            including, as applicable, an evaluation of--
                    ``(i) the strength of the contractual terms of the
                eligible project (if commercially reasonably available);
                    ``(ii) the forecast of noncontractual cash flows
                supported by market projections from reputable sources, as
                determined by the Secretary;
                    ``(iii) cash sweeps and other structure enhancements;
                    ``(iv) the projected financial strength of the
                borrower--

                        ``(I) at the time of loan close; and
                        ``(II) throughout the loan term after the project
                    is completed;

                    ``(v) the financial strength of the investors and
                strategic partners of the borrower, if applicable; and
                    ``(vi) other financial metrics and analyses that are
                relied on by the private lending community and nationally
                recognized credit rating agencies, as determined
                appropriate by the Secretary.''.
            (2) Loan guarantees for projects that increase the domestically
        produced supply of critical minerals.--
                (A) In general.--Section 1703(b) of the Energy Policy Act
            of 2005 (42 U.S.C. 16513(b)) is amended by adding at the end
            the following:
            ``(13) Projects that increase the domestically produced supply
        of critical minerals (as defined in section 7002(a) of the Energy
        Act of 2020 (30 U.S.C. 1606(a)), including through the production,
        processing, manufacturing, recycling, or fabrication of mineral
        alternatives.''.
                (B) Prohibition on use of previously appropriated funds.--
            Amounts appropriated to the Department of Energy before the
            date of enactment of this Act shall not be made available for
            the cost of loan guarantees made under paragraph (13) of
            section 1703(b) of the Energy Policy Act of 2005 (42 U.S.C.
            16513(b)).
                (C) Prohibition on use of previously available commitment
            authority.--Amounts made available to the Department of Energy
            for commitments to guarantee loans under section 1703 of the
            Energy Policy Act of 2005 (42 U.S.C. 16513) before the date of
            enactment of this Act shall not be made available for
            commitments to guarantee loans for projects described in
            paragraph (13) of section 1703(b) of the Energy Policy Act of
            2005 (42 U.S.C. 16513(b)).
            (3) Conflicts of interest.--Section 1702 of the Energy Policy
        Act of 2005 (42 U.S.C. 16512) is amended by adding at the end the
        following:
        ``(r) Conflicts of Interest.--For each project selected for a
    guarantee under this title, the Secretary shall certify that political
    influence did not impact the selection of the project.''.
        (b) Advanced Technology Vehicle Manufacturing.--
            (1) Eligibility.--Section 136(a)(1) of the Energy Independence
        and Security Act of 2007 (42 U.S.C. 17013(a)(1)) is amended--
                (A) in subparagraph (C), by striking the period at the end
            and inserting a semicolon;
                (B) by redesignating subparagraphs (A) through (C) as
            clauses (i) through (iii), respectively, and indenting
            appropriately;
                (C) in the matter preceding clause (i) (as so
            redesignated), by striking ``means an ultra'' and inserting the
            following: ``means--
                ``(A) an ultra''; and
                (D) by adding at the end the following:
                ``(B) a medium duty vehicle or a heavy duty vehicle that
            exceeds 125 percent of the greenhouse gas emissions and fuel
            efficiency standards established by the final rule of the
            Environmental Protection Agency entitled `Greenhouse Gas
            Emissions and Fuel Efficiency Standards for Medium- and Heavy-
            Duty Engines and Vehicles--Phase 2' (81 Fed. Reg. 73478
            (October 25, 2016));
                ``(C) a train or locomotive;
                ``(D) a maritime vessel;
                ``(E) an aircraft; and
                ``(F) hyperloop technology.''.
            (2) Reasonable prospect of repayment.--Section 136(d) of the
        Energy Independence and Security Act of 2007 (42 U.S.C. 17013(d))
        is amended--
                (A) by striking paragraph (3) and inserting the following:
            ``(3) Selection of eligible projects.--
                ``(A) In general.--The Secretary shall select eligible
            projects to receive loans under this subsection if the
            Secretary determines that--
                    ``(i) the loan recipient--

                        ``(I) has a reasonable prospect of repaying the
                    principal and interest on the loan;
                        ``(II) will provide sufficient information to the
                    Secretary for the Secretary to ensure that the
                    qualified investment is expended efficiently and
                    effectively; and
                        ``(III) has met such other criteria as may be
                    established and published by the Secretary; and

                    ``(ii) the amount of the loan (when combined with
                amounts available to the loan recipient from other sources)
                will be sufficient to carry out the project.
                ``(B) Reasonable prospect of repayment.--The Secretary
            shall base a determination of whether there is a reasonable
            prospect of repayment of the principal and interest on a loan
            under subparagraph (A)(i)(I) on a comprehensive evaluation of
            whether the loan recipient has a reasonable prospect of
            repaying the principal and interest, including, as applicable,
            an evaluation of--
                    ``(i) the strength of the contractual terms of the
                eligible project (if commercially reasonably available);
                    ``(ii) the forecast of noncontractual cash flows
                supported by market projections from reputable sources, as
                determined by the Secretary;
                    ``(iii) cash sweeps and other structure enhancements;
                    ``(iv) the projected financial strength of the loan
                recipient--

                        ``(I) at the time of loan close; and
                        ``(II) throughout the loan term after the project
                    is completed;

                    ``(v) the financial strength of the investors and
                strategic partners of the loan recipient, if applicable;
                and
                    ``(vi) other financial metrics and analyses that are
                relied on by the private lending community and nationally
                recognized credit rating agencies, as determined
                appropriate by the Secretary.''; and
                (B) in paragraph (4)--
                    (i) in subparagraph (C), by striking ``and'' after the
                semicolon;
                    (ii) in subparagraph (D), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by adding at the end the following:
                ``(E) shall be subject to the condition that the loan is
            not subordinate to other financing.''.
            (3) Additional reforms.--Section 136 of the Energy Independence
        and Security Act of 2007 (42 U.S.C. 17013) is amended--
                (A) in subsection (b) by striking ``ultra efficient vehicle
            manufacturers, and component suppliers'' and inserting ``ultra
            efficient vehicle manufacturers, advanced technology vehicle
            manufacturers, and component suppliers'';
                (B) in subsection (h)--
                    (i) in the subsection heading, by striking
                ``Automobile'' and inserting ``Advanced Technology
                Vehicle''; and
                    (ii) in paragraph (1)(B), by striking ``automobiles, or
                components of automobiles'' and inserting ``advanced
                technology vehicles, or components of advanced technology
                vehicles'';
                (C) by striking subsection (i);
                (D) by redesignating subsection (j) as subsection (i); and
                (E) by adding at the end the following:
        ``(j) Coordination.--In carrying out this section, the Secretary
    shall coordinate with relevant vehicle, bioenergy, and hydrogen and
    fuel cell demonstration project activities supported by the Department.
        ``(k) Outreach.--In carrying out this section, the Secretary
    shall--
            ``(1) provide assistance with the completion of applications
        for awards or loans under this section; and
            ``(2) conduct outreach, including through conferences and
        online programs, to disseminate information on awards and loans
        under this section to potential applicants.
        ``(l) Prohibition on Use of Appropriated Funds.--Amounts
    appropriated to the Secretary before the date of enactment of this
    subsection shall not be available to the Secretary to provide awards
    under subsection (b) or loans under subsection (d) for the costs of
    activities that were not eligible for those awards or loans on the day
    before that date.
        ``(m) Report.--Not later than 2 years after the date of enactment
    of this subsection, and every 3 years thereafter, the Secretary shall
    submit to Congress a report on the status of projects supported by a
    loan under this section, including--
            ``(1) a list of projects receiving a loan under this section,
        including the loan amount and construction status of each project;
            ``(2) the status of the loan repayment for each project,
        including future repayment projections;
            ``(3) data regarding the number of direct and indirect jobs
        retained, restored, or created by financed projects;
            ``(4) the number of new projects projected to receive a loan
        under this section in the next 2 years, including the projected
        aggregate loan amount over the next 2 years;
            ``(5) evaluation of ongoing compliance with the assurances and
        commitments, and of the predictions, made by applicants pursuant to
        paragraphs (2) and (3) of subsection (d);
            ``(6) the total number of applications received by the
        Department each year; and
            ``(7) any other metrics the Secretary determines
        appropriate.''.
            (4) Conflicts of interest.--Section 136(d) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17013(d)) is
        amended by adding at the end the following:
            ``(5) Conflicts of interest.--For each eligible project
        selected to receive a loan under this subsection, the Secretary
        shall certify that political influence did not impact the selection
        of the eligible project.''.
        (c) State Loan Eligibility.--
            (1) Definitions.--Section 1701 of the Energy Policy Act of 2005
        (42 U.S.C. 16511) is amended by adding at the end the following:
            ``(6) State.--The term `State' has the meaning given the term
        in section 202 of the Energy Conservation and Production Act (42
        U.S.C. 6802).
            ``(7) State energy financing institution.--
                ``(A) In general.--The term `State energy financing
            institution' means a quasi-independent entity or an entity
            within a State agency or financing authority established by a
            State--
                    ``(i) to provide financing support or credit
                enhancements, including loan guarantees and loan loss
                reserves, for eligible projects; and
                    ``(ii) to create liquid markets for eligible projects,
                including warehousing and securitization, or take other
                steps to reduce financial barriers to the deployment of
                existing and new eligible projects.
                ``(B) Inclusion.--The term `State energy financing
            institution' includes an entity or organization established to
            achieve the purposes described in clauses (i) and (ii) of
            subparagraph (A) by an Indian Tribal entity or an Alaska Native
            Corporation.''.
            (2) Terms and conditions.--Section 1702 of the Energy Policy
        Act of 2005 (42 U.S.C. 16512) is amended--
                (A) in subsection (a), by inserting ``, including projects
            receiving financial support or credit enhancements from a State
            energy financing institution,'' after ``for projects'';
                (B) in subsection (d)(1), by inserting ``, including a
            guarantee for a project receiving financial support or credit
            enhancements from a State energy financing institution,'' after
            ``No guarantee''; and
                (C) by adding at the end the following:
        ``(r) State Energy Financing Institutions.--
            ``(1) Eligibility.--To be eligible for a guarantee under this
        title, a project receiving financial support or credit enhancements
        from a State energy financing institution--
                ``(A) shall meet the requirements of section 1703(a)(1);
            and
                ``(B) shall not be required to meet the requirements of
            section 1703(a)(2).
            ``(2) Partnerships authorized.--In carrying out a project
        receiving a loan guarantee under this title, State energy financing
        institutions may enter into partnerships with private entities,
        Tribal entities, and Alaska Native corporations.
            ``(3) Prohibition on use of appropriated funds.--Amounts
        appropriated to the Department of Energy before the date of
        enactment of this subsection shall not be available to be used for
        the cost of loan guarantees for projects receiving financing
        support or credit enhancements under this subsection.''.
        (d) Loan Guarantees for Certain Alaska Natural Gas Transportation
    Projects and Systems.--Section 116 of the Alaska Natural Gas Pipeline
    Act (15 U.S.C. 720n) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by striking ``to West Coast States'';
            and
                (B) in paragraph (3), in the second sentence, by striking
            ``to the continental United States'';
            (2) in subsection (b)(1), in the first sentence, by striking
        ``to West Coast States''; and
            (3) in subsection (g)(4)--
                (A) by inserting by striking ``plants liquification plants
            and'' and inserting ``plants, liquification plants, and'';
                (B) by striking ``to the West Coast''; and
                (C) by striking ``to the continental United States''.

                 Subtitle B--Energy Information Administration

    SEC. 40411. DEFINITIONS.
        In this subtitle:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Energy Information Administration.
            (2) Annual critical minerals outlook.--The term ``Annual
        Critical Minerals Outlook'' means the Annual Critical Minerals
        Outlook prepared under section 7002(j)(1)(B) of the Energy Act of
        2020 (30 U.S.C. 1606(j)(1)(B)).
            (3) Critical mineral.--The term ``critical mineral'' has the
        meaning given the term in section 7002(a) of the Energy Act of 2020
        (30 U.S.C. 1606(a)).
            (4) Household energy burden.--The term ``household energy
        burden'' means the quotient obtained by dividing--
                (A) the residential energy expenditures (as defined in
            section 440.3 of title 10, Code of Federal Regulations (as in
            effect on the date of enactment of this Act)) of the applicable
            household; by
                (B) the annual income of that household.
            (5) Household with a high energy burden.--The term ``household
        with a high energy burden'' has the meaning given the term in
        section 440.3 of title 10, Code of Federal Regulations (as in
        effect on the date of enactment of this Act).
            (6) Large manufacturing facility.--The term ``large
        manufacturing facility'' means a manufacturing facility that--
                (A) annually consumes more than 35,000 megawatt-hours of
            electricity; or
                (B) has a peak power demand of more than 10 megawatts.
            (7) Load-serving entity.--The term ``load-serving entity'' has
        the meaning given the term in section 217(a) of the Federal Power
        Act (16 U.S.C. 824q(a)).
            (8) Miscellaneous electric load.--The term ``miscellaneous
        electric load'' means electricity that--
                (A) is used by an appliance or device--
                    (i) within a building; or
                    (ii) to serve a building; and
                (B) is not used for heating, ventilation, air conditioning,
            lighting, water heating, or refrigeration.
            (9) Regional transmission organization.--The term ``Regional
        Transmission Organization'' has the meaning given the term in
        section 3 of the Federal Power Act (16 U.S.C. 796).
            (10) Rural area.--The term ``rural area'' has the meaning given
        the term in section 609(a) of the Public Utility Regulatory
        Policies Act of 1978 (7 U.S.C. 918c(a)).
    SEC. 40412. DATA COLLECTION IN THE ELECTRICITY SECTOR.
        (a) Dashboard.--
            (1) Establishment.--
                (A) In general.--Not later than 90 days after the date of
            enactment of this Act, the Administrator shall establish an
            online database to track the operation of the bulk power system
            in the contiguous 48 States (referred to in this section as the
            ``Dashboard'').
                (B) Improvement of existing dashboard.--The Dashboard may
            be established through the improvement, in accordance with this
            subsection, of an existing dashboard of the Energy Information
            Administration, such as--
                    (i) the U.S. Electric System Operating Data dashboard;
                or
                    (ii) the Hourly Electric Grid Monitor.
            (2) Expansion.--
                (A) In general.--Not later than 1 year after the date of
            enactment of this Act, the Administrator shall expand the
            Dashboard to include, to the maximum extent practicable, hourly
            operating data collected from the electricity balancing
            authorities that operate the bulk power system in all of the
            several States, each territory of the United States, and the
            District of Columbia.
                (B) Types of data.--The hourly operating data collected
            under subparagraph (A) may include data relating to--
                    (i) total electricity demand;
                    (ii) electricity demand by subregion;
                    (iii) short-term electricity demand forecasts;
                    (iv) total electricity generation;
                    (v) net electricity generation by fuel type, including
                renewables;
                    (vi) electricity stored and discharged;
                    (vii) total net electricity interchange;
                    (viii) electricity interchange with directly
                interconnected balancing authorities; and
                    (ix) where available, the estimated marginal greenhouse
                gas emissions per megawatt hour of electricity generated--

                        (I) within the metered boundaries of each balancing
                    authority; and
                        (II) for each pricing node.

        (b) Mix of Energy Sources.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Administrator shall establish, in
        accordance with section 40419 and this subsection and to the extent
        the Administrator determines to be appropriate, a system to
        harmonize the operating data on electricity generation collected
        under subsection (a) with--
                (A) measurements of greenhouse gas and other pollutant
            emissions collected by the Environmental Protection Agency;
                (B) other data collected by the Environmental Protection
            Agency or other relevant Federal agencies, as the Administrator
            determines to be appropriate; and
                (C) data collected by State or regional energy credit
            registries.
            (2) Outcomes.--The system established under paragraph (1) shall
        result in an integrated dataset that includes, for any given time--
                (A) the net generation of electricity by megawatt hour
            within the metered boundaries of each balancing authority; and
                (B) where available, the average and marginal greenhouse
            gas emissions by megawatt hour of electricity generated within
            the metered boundaries of each balancing authority.
            (3) Real-time data dissemination.--To the maximum extent
        practicable, the system established under paragraph (1) shall
        disseminate data--
                (A) on a real-time basis; and
                (B) through an application programming interface that is
            publicly accessible.
            (4) Complementary efforts.--The system established under
        paragraph (1) shall complement any existing data dissemination
        efforts of the Administrator that make use of electricity
        generation data, such as electricity demand by subregion and
        electricity interchange with directly interconnected balancing
        authorities.
        (c) Observed Characteristics of Bulk Power System Resource
    Integration.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Administrator shall establish a system
        to provide to the public timely data on the integration of energy
        resources into the bulk power system and the electric distribution
        grids in the United States, and the observed effects of that
        integration.
            (2) Requirements.--In carrying out paragraph (1), the
        Administrator shall seek to improve the temporal and spatial
        resolution of data relating to how grid operations are changing,
        such as through--
                (A) thermal generator cycling to accommodate intermittent
            generation;
                (B) generation unit self-scheduling practices;
                (C) renewable source curtailment;
                (D) utility-scale storage;
                (E) load response;
                (F) aggregations of distributed energy resources at the
            distribution system level;
                (G) power interchange between directly connected balancing
            authorities;
                (H) expanding Regional Transmission Organization balancing
            authorities;
                (I) improvements in real-time--
                    (i) accuracy of locational marginal prices; and
                    (ii) signals to flexible demand; and
                (J) disruptions to grid operations, including disruptions
            caused by cyber sources, physical sources, extreme weather
            events, or other sources.
        (d) Distribution System Operations.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Administrator shall establish a system
        to provide to the public timely data on the operations of load-
        serving entities in the electricity grids of the United States.
            (2) Requirements.--
                (A) In general.--In carrying out paragraph (1), the
            Administrator shall--
                    (i) not less frequently than annually, provide data
                on--

                        (I) the delivered generation resource mix for each
                    load-serving entity; and
                        (II) the distributed energy resources operating
                    within each service area of a load-serving entity;

                    (ii) harmonize the data on delivered generation
                resource mix described in clause (i)(I) with measurements
                of greenhouse gas emissions collected by the Environmental
                Protection Agency;
                    (iii) to the maximum extent practicable, disseminate
                the data described in clause (i)(I) and the harmonized data
                described in clause (ii) on a real-time basis; and
                    (iv) provide historical data, beginning with the
                earliest calendar year practicable, but not later than
                calendar year 2020, on the delivered generation resource
                mix described in clause (i)(I).
                (B) Data on the delivered generation resource mix.--In
            collecting the data described in subparagraph (A)(i)(I), the
            Administrator shall--
                    (i) use existing voluntary industry methodologies,
                including reporting protocols, databases, and emissions and
                energy use tracking software that provide consistent,
                timely, and accessible carbon emissions intensity rates for
                delivered electricity;
                    (ii) consider that generation and transmission entities
                may provide data on behalf of load-serving entities;
                    (iii) to the extent that the Administrator determines
                necessary, and in a manner designed to protect confidential
                information, require each load-serving entity to submit
                additional information as needed to determine the delivered
                generation resource mix of the load-serving entity,
                including financial or contractual agreements for power and
                generation resource type attributes with respect to power
                owned by or retired by the load-serving entity; and
                    (iv) for any portion of the generation resource mix of
                a load-serving entity that is otherwise unaccounted for,
                develop a methodology to assign to the load-serving entity
                a share of the otherwise unaccounted for resource mix of
                the relevant balancing authority.
    SEC. 40413. EXPANSION OF ENERGY CONSUMPTION SURVEYS.
        (a) In General.--Not later than 2 years after the date of enactment
    of this Act, the Administrator shall implement measures to expand the
    Manufacturing Energy Consumption Survey, the Commercial Building Energy
    Consumption Survey, and the Residential Energy Consumption Survey to
    include data on energy end use in order to facilitate the
    identification of--
            (1) opportunities to improve energy efficiency and energy
        productivity;
            (2) changing patterns of energy use; and
            (3) opportunities to better understand and manage miscellaneous
        electric loads.
        (b) Requirements.--
            (1) In general.--In carrying out subsection (a), the
        Administrator shall--
                (A) increase the scope and frequency of data collection on
            energy end uses and services;
                (B) use new data collection methods and tools in order to
            obtain more comprehensive data and reduce the burden on survey
            respondents, including by--
                    (i) accessing other existing data sources; and
                    (ii) if feasible, developing online and real-time
                reporting systems;
                (C) identify and report community-level economic and
            environmental impacts, including with respect to--
                    (i) the reliability and security of the energy supply;
                and
                    (ii) local areas with households with a high energy
                burden; and
                (D) improve the presentation of data, including by--
                    (i) enabling the presentation of data in an interactive
                cartographic format on a national, regional, State, and
                local level with the functionality of viewing various
                economic, energy, and demographic measures on an individual
                basis or in combination; and
                    (ii) incorporating the results of the data collection,
                methods, and tools described in subparagraphs (A) and (B)
                into existing and new digital distribution methods.
            (2) Manufacturing energy consumption survey.--With respect to
        the Manufacturing Energy Consumption Survey, the Administrator
        shall--
                (A) implement measures to provide more detailed
            representations of data by region;
                (B) for large manufacturing facilities, break out process
            heat use by required process temperatures in order to
            facilitate the identification of opportunities for cost
            reductions and energy efficiency or energy productivity
            improvements;
                (C) collect information on--
                    (i) energy source-switching capabilities, especially
                with respect to thermal processes and the efficiency of
                thermal processes;
                    (ii) the use of electricity, biofuels, hydrogen, or
                other alternative fuels to produce process heat; and
                    (iii) the use of demand response; and
                (D) identify current and potential future industrial
            clusters in which multiple firms and facilities in a defined
            geographic area share the costs and benefits of infrastructure
            for clean manufacturing, such as--
                    (i) hydrogen generation, production, transport, use,
                and storage infrastructure; and
                    (ii) carbon dioxide capture, transport, use, and
                storage infrastructure.
            (3) Residential energy consumption survey.--With respect to the
        Residential Energy Consumption Survey, the Administrator shall--
                (A) implement measures to provide more detailed
            representations of data by--
                    (i) geographic area, including by State (for each
                State);
                    (ii) building type, including multi-family buildings;
                    (iii) household income;
                    (iv) location in a rural area; and
                    (v) other demographic characteristics, as determined by
                the Administrator; and
                (B) report measures of--
                    (i) household electrical service capacity;
                    (ii) access to utility demand-side management programs
                and bill credits;
                    (iii) characteristics of the energy mix used to
                generate electricity in different regions; and
                    (iv) the household energy burden for households--

                        (I) in different geographic areas;
                        (II) by electricity, heating, and other end-uses;
                    and
                        (III) with different demographic characteristics
                    that correlate with increased household energy burden,
                    including--

                            (aa) having a low household income;
                            (bb) being a minority household;
                            (cc) residing in manufactured or multifamily
                        housing;
                            (dd) being in a fixed or retirement income
                        household;
                            (ee) residing in rental housing; and
                            (ff) other factors, as determined by the
                        Administrator.
    SEC. 40414. DATA COLLECTION ON ELECTRIC VEHICLE INTEGRATION WITH THE
    ELECTRICITY GRIDS.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall develop and implement measures to
    expand data collection with respect to electric vehicle integration
    with the electricity grids.
        (b) Sources of Data.--The sources of the data collected pursuant to
    subsection (a) may include--
            (1) host-owned or charging-network-owned electric vehicle
        charging stations;
            (2) aggregators of charging-network electricity demand;
            (3) electric utilities offering managed-charging programs;
            (4) individual, corporate, or public owners of electric
        vehicles; and
            (5) balancing authority analyses of--
                (A) transformer loading congestion; and
                (B) distribution-system congestion.
        (c) Consultation and Coordination.--In carrying out subsection (a),
    the Administrator may consult and enter into agreements with other
    institutions having relevant data and data collection capabilities,
    such as--
            (1) the Secretary of Transportation;
            (2) the Secretary;
            (3) the Administrator of the Environmental Protection Agency;
            (4) States or State agencies; and
            (5) private entities.
    SEC. 40415. PLAN FOR THE MODELING AND FORECASTING OF DEMAND FOR
    MINERALS USED IN THE ENERGY SECTOR.
        (a) Plan.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Administrator, in coordination with the
        Director of the United States Geological Survey, shall develop a
        plan for the modeling and forecasting of demand for energy
        technologies, including for energy production, transmission, or
        storage purposes, that use minerals that are or could be designated
        as critical minerals.
            (2) Inclusions.--The plan developed under paragraph (1) shall
        identify--
                (A) the type and quantity of minerals consumed, delineated
            by energy technology;
                (B) existing markets for manufactured energy-producing,
            energy-transmission, and energy-storing equipment; and
                (C) emerging or potential markets for new energy-producing,
            energy-transmission, and energy-storing technologies entering
            commercialization.
        (b) Metrics.--The plan developed under subsection (a)(1) shall
    produce forecasts of energy technology demand--
            (1) over the 1-year, 5-year, and 10-year periods beginning on
        the date on which development of the plan is completed;
            (2) by economic sector; and
            (3) according to any other parameters that the Administrator,
        in collaboration with the Secretary of the Interior, acting through
        the Director of the United States Geological Survey, determines are
        needed for the Annual Critical Minerals Outlook.
        (c) Collaboration.--The Administrator shall develop the plan under
    subsection (a)(1) in consultation with--
            (1) the Secretary with respect to the possible trajectories of
        emerging energy-producing and energy-storing technologies; and
            (2) the Secretary of the Interior, acting through the Director
        of the United States Geological Survey--
                (A) to ensure coordination;
                (B) to avoid duplicative effort; and
                (C) to align the analysis of demand with data and analysis
            of where the minerals are produced, refined, and subsequently
            processed into materials and parts that are used to build
            energy technologies.
    SEC. 40416. EXPANSION OF INTERNATIONAL ENERGY DATA.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Administrator shall implement measures to expand and
    improve the international energy data resources of the Energy
    Information Administration in order to understand--
            (1) the production and use of energy in various countries;
            (2) changing patterns of energy use internationally;
            (3) the relative costs and environmental impacts of energy
        production and use internationally; and
            (4) plans for or construction of major energy facilities or
        infrastructure.
        (b) Requirements.--In carrying out subsection (a), the
    Administrator shall--
            (1) work with, and leverage the data resources of, the
        International Energy Agency;
            (2) include detail on energy consumption by fuel, economic
        sector, and end use within countries for which data are available;
            (3) collect relevant measures of energy use, including--
                (A) cost; and
                (B) emissions intensity; and
            (4) provide tools that allow for straightforward country-to-
        country comparisons of energy production and consumption across
        economic sectors and end uses.
    SEC. 40417. PLAN FOR THE NATIONAL ENERGY MODELING SYSTEM.
        Not later than 180 days after the date of enactment of this Act,
    the Administrator shall develop a plan to identify any need or
    opportunity to update or further the capabilities of the National
    Energy Modeling System, including with respect to--
            (1) treating energy demand endogenously;
            (2) increased natural gas usage and increased market
        penetration of renewable energy;
            (3) flexible operating modes of nuclear power plants, such as
        load following and frequency control;
            (4) tools to model multiple-output energy systems that provide
        hydrogen, high-value heat, electricity, and chemical synthesis
        services, including interactions of those energy systems with the
        electricity grids, pipeline networks, and the broader economy;
            (5) demand response and improved representation of energy
        storage, including long-duration storage, in capacity expansion
        models;
            (6) electrification, particularly with respect to the
        transportation, industrial, and buildings sectors;
            (7) increasing model resolution to represent all hours of the
        year and all electricity generators;
            (8) wholesale electricity market design and the appropriate
        valuation of all services that support the reliability of
        electricity grids, such as--
                (A) battery storage; and
                (B) synthetic inertia from grid-tied inverters;
            (9) economic modeling of the role of energy efficiency, demand
        response, electricity storage, and a variety of distributed
        generation technologies;
            (10) the production, transport, use, and storage of carbon
        dioxide, hydrogen, and hydrogen carriers;
            (11) greater flexibility in--
                (A) the modeling of the environmental impacts of
            electricity systems, such as--
                    (i) emissions of greenhouse gases and other pollutants;
                and
                    (ii) the use of land and water resources; and
                (B) the ability to support climate modeling, such as the
            climate modeling performed by the Office of Biological and
            Environmental Research in the Office of Science of the
            Department;
            (12) technologies that are in an early stage of commercial
        deployment and have been identified by the Secretary as candidates
        for large-scale demonstration projects, such as--
                (A) carbon capture, transport, use, and storage from any
            source or economic sector;
                (B) direct air capture;
                (C) hydrogen production, including via electrolysis;
                (D) synthetic and biogenic hydrocarbon liquid and gaseous
            fuels;
                (E) supercritical carbon dioxide combustion turbines;
                (F) industrial fuel cell and hydrogen combustion equipment;
            and
                (G) industrial electric boilers;
            (13) increased and improved data sources and tools, including--
                (A) the establishment of technology and cost baselines,
            including technology learning rates;
                (B) economic and employment impacts of energy system
            policies and energy prices on households, as a function of
            household income and region; and
                (C) the use of behavioral economics to inform demand
            modeling in all sectors; and
            (14) striving to migrate toward a single, consistent, and open-
        source modeling platform, and increasing open access to model
        systems, data, and outcomes, for--
                (A) disseminating reference scenarios that can be
            transparently and broadly replicated; and
                (B) promoting the development of the researcher and analyst
            workforce needed to continue the development and validation of
            improved energy system models in the future.
    SEC. 40418. REPORT ON COSTS OF CARBON ABATEMENT IN THE ELECTRICITY
    SECTOR.
        Not later than 270 days after the date of enactment of this Act,
    the Administrator shall submit to Congress a report on--
            (1) the potential use of levelized cost of carbon abatement or
        a similar metric in analyzing generators of electricity, including
        an identification of limitations and appropriate uses of the
        metric;
            (2) the feasibility and impact of incorporating levelized cost
        of carbon abatement in long-term forecasts--
                (A) to compare technical approaches and understand real-
            time changes in fossil-fuel and nuclear dispatch;
                (B) to compare the system-level costs of technology options
            to reduce emissions; and
                (C) to compare the costs of policy options, including
            current policies, regarding valid and verifiable reductions and
            removals of carbon; and
            (3)(A) a potential process to measure carbon dioxide emissions
        intensity per unit of output production for a range of--
                    (i) energy sources;
                    (ii) sectors; and
                    (iii) geographic regions; and
                (B) a corresponding process to provide an empirical
            framework for reporting the status and costs of carbon dioxide
            reduction relative to specified goals.
    SEC. 40419. HARMONIZATION OF EFFORTS AND DATA.
        Not later than 1 year after the date of enactment of this Act, the
    Administrator shall establish a system to harmonize, to the maximum
    extent practicable and consistent with data integrity--
            (1) the data collection efforts of the Administrator, including
        any data collection required under this subtitle, with the data
        collection efforts of--
                (A) the Environmental Protection Agency, as the
            Administrator determines to be appropriate;
                (B) other relevant Federal agencies, as the Administrator
            determines to be appropriate; and
                (C) State or regional energy credit registries, as the
            Administrator determines to be appropriate;
            (2) the data collected under this subtitle, including the
        operating data on electricity generation collected under section
        40412(a), with data collected by the entities described in
        subparagraphs (A) through (C) of paragraph (1), including any
        measurements of greenhouse gas and other pollutant emissions
        collected by the Environmental Protection Agency, as the
        Administrator determines to be appropriate; and
            (3) the efforts of the Administrator to identify and report
        relevant impacts, opportunities, and patterns with respect to
        energy use, including the identification of community-level
        economic and environmental impacts required under section
        40413(b)(1)(C), with the efforts of the Environmental Protection
        Agency and other relevant Federal agencies, as determined by the
        Administrator, to identify similar impacts, opportunities, and
        patterns.

                           Subtitle C--Miscellaneous

    SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER
    ELECTRIFICATION OF THE TRANSPORTATION SECTOR.
        (a) In General.--Section 111(d) of the Public Utility Regulatory
    Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section
    40104(a)(1)) is amended by adding at the end the following:
            ``(21) Electric vehicle charging programs.--Each State shall
        consider measures to promote greater electrification of the
        transportation sector, including the establishment of rates that--
                ``(A) promote affordable and equitable electric vehicle
            charging options for residential, commercial, and public
            electric vehicle charging infrastructure;
                ``(B) improve the customer experience associated with
            electric vehicle charging, including by reducing charging times
            for light-, medium-, and heavy-duty vehicles;
                ``(C) accelerate third-party investment in electric vehicle
            charging for light-, medium-, and heavy-duty vehicles; and
                ``(D) appropriately recover the marginal costs of
            delivering electricity to electric vehicles and electric
            vehicle charging infrastructure.''.
        (b) Compliance.--
            (1) Time limitation.--Section 112(b) of the Public Utility
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(b)) (as amended by
        section 40104(a)(2)(A)) is amended by adding at the end the
        following:
            ``(8)(A) Not later than 1 year after the date of enactment of
        this paragraph, each State regulatory authority (with respect to
        each electric utility for which the State has ratemaking authority)
        and each nonregulated utility shall commence consideration under
        section 111, or set a hearing date for consideration, with respect
        to the standard established by paragraph (21) of section 111(d).
                ``(B) Not later than 2 years after the date of enactment of
            this paragraph, each State regulatory authority (with respect
            to each electric utility for which the State has ratemaking
            authority), and each nonregulated electric utility shall
            complete the consideration and make the determination under
            section 111 with respect to the standard established by
            paragraph (21) of section 111(d).''.
            (2) Failure to comply.--Section 112(c) of the Public Utility
        Regulatory Policies Act of 1978 (16 U.S.C. 2622(c)) (as amended by
        section 40104(a)(2)(B)(i)) is amended by adding at the end the
        following: ``In the case of the standard established by paragraph
        (21) of section 111(d), the reference contained in this subsection
        to the date of enactment of this Act shall be deemed to be a
        reference to the date of enactment of that paragraph (21).''.
            (3) Prior state actions.--
                (A) In general.--Section 112 of the Public Utility
            Regulatory Policies Act of 1978 (16 U.S.C. 2622) (as amended by
            section 40104(a)(2)(C)(i)) is amended by adding at the end the
            following:
        ``(h) Other Prior State Actions.--Subsections (b) and (c) shall not
    apply to the standard established by paragraph (21) of section 111(d)
    in the case of any electric utility in a State if, before the date of
    enactment of this subsection--
            ``(1) the State has implemented for the electric utility the
        standard (or a comparable standard);
            ``(2) the State regulatory authority for the State or the
        relevant nonregulated electric utility has conducted a proceeding
        to consider implementation of the standard (or a comparable
        standard) for the electric utility; or
            ``(3) the State legislature has voted on the implementation of
        the standard (or a comparable standard) for the electric utility
        during the 3-year period ending on that date of enactment.''.
                (B) Cross-reference.--Section 124 of the Public Utility
            Regulatory Policies Act of 1978 (16 U.S.C. 2634) (as amended by
            section 40104(a)(2)(C)(ii)(II)) is amended by adding at the end
            the following: ``In the case of the standard established by
            paragraph (21) of section 111(d), the reference contained in
            this section to the date of enactment of this Act shall be
            deemed to be a reference to the date of enactment of that
            paragraph (21).''.
    SEC. 40432. OFFICE OF PUBLIC PARTICIPATION.
        Section 319 of the Federal Power Act (16 U.S.C. 825q-1) is
    amended--
            (1) in subsection (a)(2)--
                (A) in subparagraph (A), by striking the third sentence;
            and
                (B) in subparagraph (B)--
                    (i) by striking the third sentence and inserting the
                following: ``The Director shall be compensated at a rate of
                pay not greater than the maximum rate of pay prescribed for
                a senior executive in the Senior Executive Service under
                section 5382 of title 5, United States Code.''; and
                    (ii) by striking the first sentence; and
            (2) in subsection (b), by striking paragraph (4).
    SEC. 40433. DIGITAL CLIMATE SOLUTIONS REPORT.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary, in consultation with appropriate Federal
    agencies and relevant stakeholders, shall submit to the Committee on
    Energy and Natural Resources of the Senate and the Committee on Energy
    and Commerce of the House of Representatives a report that assesses
    using digital tools and platforms as climate solutions, including--
            (1) artificial intelligence and machine learning;
            (2) blockchain technologies and distributed ledgers;
            (3) crowdsourcing platforms;
            (4) the Internet of Things;
            (5) distributed computing for the grid; and
            (6) software and systems.
        (b) Contents.--The report required under subsection (a) shall
    include--
            (1) as practicable, a full inventory and assessment of digital
        climate solutions;
            (2) an analysis of how the private sector can utilize the
        digital tools and platforms included in the inventory under
        paragraph (1) to accelerate digital climate solutions; and
            (3) a summary of opportunities to enhance the standardization
        of voluntary and regulatory climate disclosure protocols, including
        enabling the data to be disseminated through an application
        programming interface that is accessible to the public.
    SEC. 40434. STUDY AND REPORT BY THE SECRETARY OF ENERGY ON JOB LOSS AND
    IMPACTS ON CONSUMER ENERGY COSTS DUE TO THE REVOCATION OF THE PERMIT
    FOR THE KEYSTONE XL PIPELINE.
        (a) Definition of Executive Order.--In this section, the term
    ``Executive Order'' means Executive Order 13990 (86 Fed. Reg. 7037;
    relating to protecting public health and the environment and restoring
    science to tackle the climate crisis).
        (b) Study and Report.--The Secretary shall--
            (1) conduct a study to estimate--
                (A) the total number of jobs that were lost as a direct or
            indirect result of section 6 of the Executive Order over the
            10-year period beginning on the date on which the Executive
            Order was issued; and
                (B) the impact on consumer energy costs that are projected
            to result as a direct or indirect result of section 6 of the
            Executive Order over the 10-year period beginning on the date
            on which the Executive Order was issued; and
            (2) not later than 90 days after the date of enactment of this
        Act, submit to Congress a report describing the findings of the
        study conducted under paragraph (1).
    SEC. 40435. STUDY ON IMPACT OF ELECTRIC VEHICLES.
        Not later than 120 days after the date of enactment of this Act,
    the Secretary shall conduct, and submit to Congress a report describing
    the results of, a study on the cradle to grave environmental impact of
    electric vehicles.
    SEC. 40436. STUDY ON IMPACT OF FORCED LABOR IN CHINA ON THE ELECTRIC
    VEHICLE SUPPLY CHAIN.
        Not later than 120 days after the date of enactment of this Act,
    the Secretary, in coordination with the Secretary of State and the
    Secretary of Commerce, shall study the impact of forced labor in China
    on the electric vehicle supply chain.

             TITLE V--ENERGY EFFICIENCY AND BUILDING INFRASTRUCTURE
            Subtitle A--Residential and Commercial Energy Efficiency

    SEC. 40501. DEFINITIONS.
        In this subtitle:
            (1) Priority state.--The term ``priority State'' means a State
        that--
                (A) is eligible for funding under the State Energy Program;
            and
                (B)(i) is among the 15 States with the highest annual per-
            capita combined residential and commercial sector energy
            consumption, as most recently reported by the Energy
            Information Administration; or
                (ii) is among the 15 States with the highest annual per-
            capita energy-related carbon dioxide emissions by State, as
            most recently reported by the Energy Information
            Administration.
            (2) Program.--The term ``program'' means the program
        established under section 40502(a).
            (3) State.--The term ``State'' means a State (as defined in
        section 3 of the Energy Policy and Conservation Act (42 U.S.C.
        6202)), acting through a State energy office.
            (4) State energy program.--The term ``State Energy Program''
        means the State Energy Program established under part D of title
        III of the Energy Policy and Conservation Act (42 U.S.C. 6321 et
        seq.).
    SEC. 40502. ENERGY EFFICIENCY REVOLVING LOAN FUND CAPITALIZATION GRANT
    PROGRAM.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, under the State Energy Program, the Secretary shall
    establish a program under which the Secretary shall provide
    capitalization grants to States to establish a revolving loan fund
    under which the State shall provide loans and grants, as applicable, in
    accordance with this section.
        (b) Distribution of Funds.--
            (1) All states.--
                (A) In general.--Of the amounts made available under
            subsection (j), the Secretary shall use 40 percent to provide
            capitalization grants to States that are eligible for funding
            under the State Energy Program, in accordance with the
            allocation formula established under section 420.11 of title
            10, Code of Federal Regulations (or successor regulations).
                (B) Remaining funding.--After applying the allocation
            formula described in subparagraph (A), the Secretary shall
            redistribute any unclaimed funds to the remaining States
            seeking capitalization grants under that subparagraph.
            (2) Priority states.--
                (A) In general.--Of the amounts made available under
            subsection (j), the Secretary shall use 60 percent to provide
            supplemental capitalization grants to priority States in
            accordance with an allocation formula determined by the
            Secretary.
                (B) Remaining funding.--After applying the allocation
            formula described in subparagraph (A), the Secretary shall
            redistribute any unclaimed funds to the remaining priority
            States seeking supplemental capitalization grants under that
            subparagraph.
                (C) Grant amount.--
                    (i) Maximum amount.--The amount of a supplemental
                capitalization grant provided to a State under this
                paragraph shall not exceed $15,000,000.
                    (ii) Supplement not supplant.--A supplemental
                capitalization grant received by a State under this
                paragraph shall supplement, not supplant, a capitalization
                grant received by that State under paragraph (1).
        (c) Applications for Capitalization Grants.--A State seeking a
    capitalization grant under the program shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require, including--
            (1) a detailed explanation of how the grant will be used,
        including a plan to establish a new revolving loan fund or use an
        existing revolving loan fund;
            (2) the need of eligible recipients for loans and grants in the
        State for assistance with conducting energy audits;
            (3) a description of the expected benefits that building
        infrastructure and energy system upgrades and retrofits will have
        on communities in the State; and
            (4) in the case of a priority State seeking a supplemental
        capitalization grant under subsection (b)(2), a justification for
        needing the supplemental funding.
        (d) Timing.--
            (1) In general.--The Secretary shall establish a timeline with
        dates by, or periods by the end of, which a State shall--
                (A) on receipt of a capitalization grant under the program,
            deposit the grant funds into a revolving loan fund; and
                (B) begin using the capitalization grant as described in
            subsection (e)(1).
            (2) Use of grant.--Under the timeline established under
        paragraph (1), a State shall be required to begin using a
        capitalization grant not more than 180 days after the date on which
        the grant is received.
        (e) Use of Grant Funds.--
            (1) In general.--A State that receives a capitalization grant
        under the program--
                (A) shall provide loans in accordance with paragraph (2);
            and
                (B) may provide grants in accordance with paragraph (3).
            (2) Loans.--
                (A) Commercial energy audit.--
                    (i) In general.--A State that receives a capitalization
                grant under the program may provide a loan to an eligible
                recipient described in clause (iv) to conduct a commercial
                energy audit.
                    (ii) Audit requirements.--A commercial energy audit
                conducted using a loan provided under clause (i) shall--

                        (I) determine the overall consumption of energy of
                    the facility of the eligible recipient;
                        (II) identify and recommend lifecycle cost-
                    effective opportunities to reduce the energy
                    consumption of the facility of the eligible recipient,
                    including through energy efficient--

                            (aa) lighting;
                            (bb) heating, ventilation, and air conditioning
                        systems;
                            (cc) windows;
                            (dd) appliances; and
                            (ee) insulation and building envelopes;

                        (III) estimate the energy and cost savings
                    potential of the opportunities identified in subclause
                    (II) using software approved by the Secretary;
                        (IV) identify--

                            (aa) the period and level of peak energy demand
                        for each building within the facility of the
                        eligible recipient; and
                            (bb) the sources of energy consumption that are
                        contributing the most to that period of peak energy
                        demand;

                        (V) recommend controls and management systems to
                    reduce or redistribute peak energy consumption; and
                        (VI) estimate the total energy and cost savings
                    potential for the facility of the eligible recipient if
                    all recommended upgrades and retrofits are implemented,
                    using software approved by the Secretary.

                    (iii) Additional audit inclusions.--A commercial energy
                audit conducted using a loan provided under clause (i) may
                recommend strategies to increase energy efficiency of the
                facility of the eligible recipient through use of electric
                systems or other high-efficiency systems utilizing fuels,
                including natural gas and hydrogen.
                    (iv) Eligible recipients.--An eligible recipient under
                clause (i) is a business that--

                        (I) conducts the majority of its business in the
                    State that provides the loan under that clause; and
                        (II) owns or operates--

                            (aa) 1 or more commercial buildings; or
                            (bb) commercial space within a building that
                        serves multiple functions, such as a building for
                        commercial and residential operations.
                (B) Residential energy audits.--
                    (i) In general.--A State that receives a capitalization
                grant under the program may provide a loan to an eligible
                recipient described in clause (iv) to conduct a residential
                energy audit.
                    (ii) Residential energy audit requirements.--A
                residential energy audit conducted using a loan under
                clause (i) shall--

                        (I) utilize the same evaluation criteria as the
                    Home Performance Assessment used in the Energy Star
                    program established under section 324A of the Energy
                    Policy and Conservation Act (42 U.S.C. 6294a);
                        (II) recommend lifecycle cost-effective
                    opportunities to reduce energy consumption within the
                    residential building of the eligible recipient,
                    including through energy efficient--

                            (aa) lighting;
                            (bb) heating, ventilation, and air conditioning
                        systems;
                            (cc) windows;
                            (dd) appliances; and
                            (ee) insulation and building envelopes;

                        (III) recommend controls and management systems to
                    reduce or redistribute peak energy consumption;
                        (IV) compare the energy consumption of the
                    residential building of the eligible recipient to
                    comparable residential buildings in the same geographic
                    area; and
                        (V) provide a Home Energy Score, or equivalent
                    score (as determined by the Secretary), for the
                    residential building of the eligible recipient by using
                    the Home Energy Score Tool of the Department or an
                    equivalent scoring tool.

                    (iii) Additional audit inclusions.--A residential
                energy audit conducted using a loan provided under clause
                (i) may recommend strategies to increase energy efficiency
                of the facility of the eligible recipient through use of
                electric systems or other high-efficiency systems utilizing
                fuels, including natural gas and hydrogen.
                    (iv) Eligible recipients.--An eligible recipient under
                clause (i) is--

                        (I) an individual who owns--

                            (aa) a single family home;
                            (bb) a condominium or duplex; or
                            (cc) a manufactured housing unit; or

                        (II) a business that owns or operates a multifamily
                    housing facility.

                (C) Commercial and residential energy upgrades and
            retrofits.--
                    (i) In general.--A State that receives a capitalization
                grant under the program may provide a loan to an eligible
                recipient described in clause (ii) to carry out upgrades or
                retrofits of building infrastructure and systems that--

                        (I) are recommended in the commercial energy audit
                    or residential energy audit, as applicable, completed
                    for the building or facility of the eligible recipient;
                        (II) satisfy at least 1 of the criteria in the Home
                    Performance Assessment used in the Energy Star program
                    established under section 324A of the Energy Policy and
                    Conservation Act (42 U.S.C. 6294a);
                        (III) improve, with respect to the building or
                    facility of the eligible recipient--

                            (aa) the physical comfort of the building or
                        facility occupants;
                            (bb) the energy efficiency of the building or
                        facility; or
                            (cc) the quality of the air in the building or
                        facility; and

                        (IV)(aa) are lifecycle cost-effective; and
                        (bb)(AA) reduce the energy intensity of the
                    building or facility of the eligible recipient; or
                        (BB) improve the control and management of energy
                    usage of the building or facility to reduce demand
                    during peak times.

                    (ii) Eligible recipients.--An eligible recipient under
                clause (i) is an eligible recipient described in
                subparagraph (A)(iv) or (B)(iv) that--

                        (I) has completed a commercial energy audit
                    described in subparagraph (A) or a residential energy
                    audit described in subparagraph (B) using a loan
                    provided under the applicable subparagraph; or
                        (II) has completed a commercial energy audit or
                    residential energy audit that--

                            (aa) was not funded by a loan under this
                        paragraph; and
                            (bb)(AA) meets the requirements for the
                        applicable audit under subparagraph (A) or (B), as
                        applicable; or
                            (BB) the Secretary determines is otherwise
                        satisfactory.
                    (iii) Loan term.--

                        (I) In general.--A loan provided under this
                    subparagraph shall be required to be fully amortized by
                    the earlier of--

                            (aa) subject to subclause (II), the year in
                        which the upgrades or retrofits carried out using
                        the loan exceed their expected useful life; and
                            (bb) 15 years after those upgrades or retrofits
                        are installed.

                        (II) Calculation.--For purposes of subclause
                    (I)(aa), in the case of a loan being used to fund
                    multiple upgrades or retrofits, the longest-lived
                    upgrade or retrofit shall be used to calculate the year
                    in which the upgrades or retrofits carried out using
                    the loan exceed their expected useful life.

                (D) Referral to qualified contractors.--Following the
            completion of an audit under subparagraph (A) or (B) by an
            eligible recipient of a loan under the applicable subparagraph,
            the State may refer the eligible recipient to a qualified
            contractor, as determined by the State, to estimate--
                    (i) the upfront capital cost of each recommended
                upgrade; and
                    (ii) the total upfront capital cost of implementing all
                recommended upgrades.
                (E) Loan recipients.--Each State providing loans under this
            paragraph shall, to the maximum extent practicable, provide
            loans to eligible recipients that do not have access to private
            capital.
            (3) Grants and technical assistance.--
                (A) In general.--A State that receives a capitalization
            grant under the program may use not more than 25 percent of the
            grant funds to provide grants or technical assistance to
            eligible entities described in subparagraph (B) to carry out
            the activities described in subparagraphs (A), (B), and (C) of
            paragraph (2).
                (B) Eligible entity.--An entity eligible for a grant or
            technical assistance under subparagraph (A) is--
                    (i) a business that--

                        (I) is an eligible recipient described in paragraph
                    (2)(A)(iv); and
                        (II) has fewer than 500 employees; or

                    (ii) a low-income individual (as defined in section 3
                of the Workforce Innovation and Opportunity Act (29 U.S.C.
                3102)) that owns a residential building.
            (4) Final assessment.--A State that provides a capitalization
        grant under paragraph (2)(C) to an eligible recipient described in
        clause (ii) of that paragraph may, not later than 1 year after the
        date on which the upgrades or retrofits funded by the grant under
        that paragraph are completed, provide to the eligible recipient a
        loan or, in accordance with paragraph (3), a grant to conduct a
        final energy audit that assesses the total energy savings from the
        upgrades or retrofits.
            (5) Administrative expenses.--A State that receives a
        capitalization grant under the program may use not more than 10
        percent of the grant funds for administrative expenses.
        (f) Coordination With Existing Programs.--A State receiving a
    capitalization grant under the program is encouraged to utilize and
    build on existing programs and infrastructure within the State that may
    aid the State in carrying out a revolving loan fund program.
        (g) Leveraging Private Capital.--A State receiving a capitalization
    grant under the program shall, to the maximum extent practicable, use
    the grant to leverage private capital.
        (h) Outreach.--The Secretary shall engage in outreach to inform
    States of the availability of capitalization grants under the program.
        (i) Report.--Each State that receives a capitalization grant under
    the program shall, not later than 2 years after a grant is received,
    submit to the Secretary a report that describes--
            (1) the number of recipients to which the State has
        distributed--
                (A) loans for--
                    (i) commercial energy audits under subsection
                (e)(2)(A);
                    (ii) residential energy audits under subsection
                (e)(2)(B);
                    (iii) energy upgrades and retrofits under subsection
                (e)(2)(C); and
                (B) grants under subsection (e)(3); and
            (2) the average capital cost of upgrades and retrofits across
        all commercial energy audits and residential energy audits that
        were conducted in the State using loans provided by the State under
        subsection (e).
        (j) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $250,000,000
    for fiscal year 2022, to remain available until expended.
    SEC. 40503. ENERGY AUDITOR TRAINING GRANT PROGRAM.
        (a) Definitions.--In this section:
            (1) Covered certification.--The term ``covered certification''
        means any of the following certifications:
                (A) The American Society of Heating, Refrigerating and Air-
            Conditioning Engineers Building Energy Assessment Professional
            certification.
                (B) The Association of Energy Engineers Certified Energy
            Auditor certification.
                (C) The Building Performance Institute Home Energy
            Professional Energy Auditor certification.
                (D) The Residential Energy Services Network Home Energy
            Rater certification.
                (E) Any other third-party certification recognized by the
            Department.
                (F) Any third-party certification that the Secretary
            determines is equivalent to the certifications described in
            subparagraphs (A) through (E).
            (2) Eligible state.--The term ``eligible State'' means a State
        that--
                (A) has a demonstrated need for assistance for training
            energy auditors; and
                (B) meets any additional criteria determined necessary by
            the Secretary.
        (b) Establishment.--Under the State Energy Program, the Secretary
    shall establish a competitive grant program under which the Secretary
    shall award grants to eligible States to train individuals to conduct
    energy audits or surveys of commercial and residential buildings.
        (c) Applications.--
            (1) In general.--A State seeking a grant under subsection (b)
        shall submit to the Secretary an application at such time, in such
        manner, and containing such information as the Secretary may
        require, including the energy auditor training program plan
        described in paragraph (2).
            (2) Energy auditor training program plan.--An energy auditor
        training program plan submitted with an application under paragraph
        (1) shall include--
                (A)(i) a proposed training curriculum for energy audit
            trainees; and
                (ii) an identification of the covered certification that
            those trainees will receive on completion of that training
            curriculum;
                (B) the expected per-individual cost of training;
                (C) a plan for connecting trainees with employment
            opportunities; and
                (D) any additional information required by the Secretary.
        (d) Amount of Grant.--The amount of a grant awarded to an eligible
    State under subsection (b)--
            (1) shall be determined by the Secretary, taking into account
        the population of the eligible State; and
            (2) shall not exceed $2,000,000 for any eligible State.
        (e) Use of Funds.--
            (1) In general.--An eligible State that receives a grant under
        subsection (b) shall use the grant funds--
                (A) to cover any cost associated with individuals being
            trained or certified to conduct energy audits by--
                    (i) the State; or
                    (ii) a State-certified third party training program;
                and
                (B) subject to paragraph (2), to pay the wages of a trainee
            during the period in which the trainee receives training and
            certification.
            (2) Limitation.--Not more than 10 percent of grant funds
        provided under subsection (b) to an eligible State may be used for
        the purpose described in paragraph (1)(B).
        (f) Consultation.--In carrying out this section, the Secretary
    shall consult with the Secretary of Labor.
        (g) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $40,000,000 for
    the period of fiscal years 2022 through 2026.

                             Subtitle B--Buildings

    SEC. 40511. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
    RESILIENCE.
        (a) In General.--Title III of the Energy Conservation and
    Production Act (42 U.S.C. 6831 et seq.) is amended by adding at the end
    the following:
        ``SEC. 309. COST-EFFECTIVE CODES IMPLEMENTATION FOR EFFICIENCY AND
          RESILIENCE.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                ``(A) a relevant State agency, as determined by the
            Secretary, such as a State building code agency, State energy
            office, or Tribal energy office; and
                ``(B) a partnership.
            ``(2) Partnership.--The term `partnership' means a partnership
        between an eligible entity described in paragraph (1)(A) and 1 or
        more of the following entities:
                ``(A) Local building code agencies.
                ``(B) Codes and standards developers.
                ``(C) Associations of builders and design and construction
            professionals.
                ``(D) Local and utility energy efficiency programs.
                ``(E) Consumer, energy efficiency, and environmental
            advocates.
                ``(F) Other entities, as determined by the Secretary.
            ``(3) Secretary.--The term `Secretary' means the Secretary of
        Energy.
        ``(b) Establishment.--
            ``(1) In general.--The Secretary shall establish within the
        Building Technologies Office of the Department of Energy a program
        under which the Secretary shall award grants on a competitive basis
        to eligible entities to enable sustained cost-effective
        implementation of updated building energy codes.
            ``(2) Updated building energy code.--An update to a building
        energy code under this section, including an amendment that results
        in increased efficiency compared to the previously adopted building
        energy code, shall include any update made available after the
        existing building energy code, even if it is not the most recent
        updated code available.
        ``(c) Criteria; Priority.--In awarding grants under subsection (b),
    the Secretary shall--
            ``(1) consider--
                ``(A) prospective energy savings and plans to measure the
            savings, including utilizing the Environmental Protection
            Agency Portfolio Manager, the Home Energy Score rating of the
            Office of Energy Efficiency and Renewable Energy of the
            Department of Energy, the Energy Star Building rating
            methodologies of the Environmental Protection Agency, and other
            methodologies determined appropriate by the Secretary;
                ``(B) the long-term sustainability of those measures and
            savings;
                ``(C) prospective benefits, and plans to assess the
            benefits, including benefits relating to--
                    ``(i) resilience and peak load reduction;
                    ``(ii) occupant safety and health; and
                    ``(iii) environmental performance;
                ``(D) the demonstrated capacity of the eligible entity to
            carry out the proposed project; and
                ``(E) the need of the eligible entity for assistance; and
            ``(2) give priority to applications from partnerships.
        ``(d) Eligible Activities.--
            ``(1) In general.--An eligible entity awarded a grant under
        this section may use the grant funds--
                ``(A) to create or enable State or regional partnerships to
            provide training and materials to--
                    ``(i) builders, contractors and subcontractors,
                architects, and other design and construction
                professionals, relating to meeting updated building energy
                codes in a cost-effective manner; and
                    ``(ii) building code officials, relating to improving
                implementation of and compliance with building energy
                codes;
                ``(B) to collect and disseminate quantitative data on
            construction and codes implementation, including code pathways,
            performance metrics, and technologies used;
                ``(C) to develop and implement a plan for highly effective
            codes implementation, including measuring compliance;
                ``(D) to address various implementation needs in rural,
            suburban, and urban areas; and
                ``(E) to implement updates in energy codes for--
                    ``(i) new residential and commercial buildings
                (including multifamily buildings); and
                    ``(ii) additions and alterations to existing
                residential and commercial buildings (including multifamily
                buildings).
            ``(2) Related topics.--Training and materials provided using a
        grant under this section may include information on the
        relationship between energy codes and--
                ``(A) cost-effective, high-performance, and zero-net-energy
            buildings;
                ``(B) improving resilience, health, and safety;
                ``(C) water savings and other environmental impacts; and
                ``(D) the economic impacts of energy codes.
        ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $225,000,000
    for the period of fiscal years 2022 through 2026.''.
        (b) Conforming Amendment.--Section 303 of the Energy Conservation
    and Production Act (42 U.S.C. 6832) is amended, in the matter preceding
    paragraph (1), by striking ``As used in'' and inserting ``Except as
    otherwise provided, in''.
    SEC. 40512. BUILDING, TRAINING, AND ASSESSMENT CENTERS.
        (a) In General.--The Secretary shall provide grants to institutions
    of higher education (as defined in section 101 of the Higher Education
    Act of 1965 (20 U.S.C. 1001)) and Tribal Colleges or Universities (as
    defined in section 316(b) of that Act (20 U.S.C. 1059c(b))) to
    establish building training and assessment centers--
            (1) to identify opportunities for optimizing energy efficiency
        and environmental performance in buildings;
            (2) to promote the application of emerging concepts and
        technologies in commercial and institutional buildings;
            (3) to train engineers, architects, building scientists,
        building energy permitting and enforcement officials, and building
        technicians in energy-efficient design and operation;
            (4) to assist institutions of higher education and Tribal
        Colleges or Universities in training building technicians;
            (5) to promote research and development for the use of
        alternative energy sources and distributed generation to supply
        heat and power for buildings, particularly energy-intensive
        buildings; and
            (6) to coordinate with and assist State-accredited technical
        training centers, community colleges, Tribal Colleges or
        Universities, and local offices of the National Institute of Food
        and Agriculture and ensure appropriate services are provided under
        this section to each region of the United States.
        (b) Coordination and Nonduplication.--
            (1) In general.--The Secretary shall coordinate the program
        with the industrial research and assessment centers program under
        section 457 of the Energy Independence and Security Act of 2007 (as
        added by section 40521(b)) and with other Federal programs to avoid
        duplication of effort.
            (2) Collocation.--To the maximum extent practicable, building,
        training, and assessment centers established under this section
        shall be collocated with industrial research and assessment centers
        (as defined in section 40531).
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $10,000,000 for
    fiscal year 2022, to remain available until expended.
    SEC. 40513. CAREER SKILLS TRAINING.
        (a) Definition of Eligible Entity.--In this section, the term
    ``eligible entity'' means a nonprofit partnership that--
            (1) includes the equal participation of industry, including
        public or private employers, and labor organizations, including
        joint labor-management training programs;
            (2) may include workforce investment boards, community-based
        organizations, qualified service and conservation corps,
        educational institutions, small businesses, cooperatives, State and
        local veterans agencies, and veterans service organizations; and
            (3) demonstrates--
                (A) experience in implementing and operating worker skills
            training and education programs;
                (B) the ability to identify and involve in training
            programs carried out under this section, target populations of
            individuals who would benefit from training and be actively
            involved in activities relating to energy efficiency and
            renewable energy industries; and
                (C) the ability to help individuals achieve economic self-
            sufficiency.
        (b) Establishment.--The Secretary shall award grants to eligible
    entities to pay the Federal share of associated career skills training
    programs under which students concurrently receive classroom
    instruction and on-the-job training for the purpose of obtaining an
    industry-related certification to install energy efficient buildings
    technologies.
        (c) Federal Share.--The Federal share of the cost of carrying out a
    career skills training program described in subsection (b) shall be 50
    percent.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $10,000,000 for
    fiscal year 2022, to remain available until expended.
    SEC. 40514. COMMERCIAL BUILDING ENERGY CONSUMPTION INFORMATION SHARING.
        (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Energy Information Administration.
            (2) Agreement.--The term ``Agreement'' means the agreement
        entered into under subsection (b).
            (3) Survey.--The term ``Survey'' means the Commercial Building
        Energy Consumption Survey.
        (b) Authorization of Agreement.--Not later than 120 days after the
    date of enactment of this Act, the Administrator and the Administrator
    of the Environmental Protection Agency shall sign, and submit to
    Congress, an information sharing agreement relating to commercial
    building energy consumption data.
        (c) Content of Agreement.--The Agreement shall--
            (1) provide, to the extent permitted by law, that--
                (A) the Administrator shall have access to building-
            specific data in the Portfolio Manager database of the
            Environmental Protection Agency; and
                (B) the Administrator of the Environmental Protection
            Agency shall have access to building-specific data collected by
            the Survey;
            (2) describe the manner in which the Administrator shall use
        the data described in paragraph (1) and subsection (d);
            (3) describe and compare--
                (A) the methodologies that the Energy Information
            Administration, the Environmental Protection Agency, and State
            and local government managers use to maximize the quality,
            reliability, and integrity of data collected through the
            Survey, the Portfolio Manager database of the Environmental
            Protection Agency, and State and local building energy
            disclosure laws (including regulations), respectively, and the
            manner in which those methodologies can be improved; and
                (B) consistencies and variations in data for the same
            buildings captured in--
                    (i)(I) the 2018 Survey cycle; and
                    (II) each subsequent Survey cycle; and
                    (ii) the Portfolio Manager database of the
                Environmental Protection Agency; and
            (4) consider whether, and the methods by which, the
        Administrator may collect and publish new iterations of Survey data
        every 3 years--
                (A) using the Survey processes of the Administrator; or
                (B) as supplemented by information in the Portfolio Manager
            database of the Environmental Protection Agency.
        (d) Data.--The data referred in subsection (c)(2) includes data
    that--
            (1) is collected through the Portfolio Manager database of the
        Environmental Protection Agency;
            (2) is required to be publicly available on the internet under
        State and local government building energy disclosure laws
        (including regulations); and
            (3) includes information on private sector buildings that are
        not less than 250,000 square feet.
        (e) Protection of Information.--In carrying out the agreement, the
    Administrator and the Administrator of the Environmental Protection
    Agency shall protect information in accordance with--
            (1) section 552(b)(4) of title 5, United States Code (commonly
        known as the ``Freedom of Information Act'');
            (2) subchapter III of chapter 35 of title 44, United States
        Code; and
            (3) any other applicable law (including regulations).

                    Subtitle C--Industrial Energy Efficiency

                                PART I--INDUSTRY

    SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND
    ASSESSMENT CENTERS.
        (a) Future of Industry Program.--
            (1) In general.--Section 452 of the Energy Independence and
        Security Act of 2007 (42 U.S.C. 17111) is amended--
                (A) by striking the section heading and inserting the
            following: ``future of industry program'';
                (B) in subsection (a)(2)--
                    (i) by redesignating subparagraph (E) as subparagraph
                (F); and
                    (ii) by inserting after subparagraph (D) the following:
                ``(E) water and wastewater treatment facilities, including
            systems that treat municipal, industrial, and agricultural
            waste; and'';
                (C) by striking subsection (e); and
                (D) by redesignating subsection (f) as subsection (e).
            (2) Conforming amendment.--Section 454(b)(2)(C) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17113(b)(2)(C)) is
        amended by striking ``energy-intensive industries'' and inserting
        ``Future of Industry''.
        (b) Industrial Research and Assessment Centers.--Subtitle D of
    title IV of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17111 et seq.) is amended by adding at the end the following:
        ``SEC. 457. INDUSTRIAL RESEARCH AND ASSESSMENT CENTERS.
        ``(a) Definitions.--In this section:
            ``(1) Covered project.--The term `covered project' means a
        project--
                ``(A) that has been recommended in an energy assessment
            described in paragraph (2)(A) conducted for an eligible entity;
            and
                ``(B) with respect to which the plant site of that eligible
            entity--
                    ``(i) improves--

                        ``(I) energy efficiency;
                        ``(II) material efficiency;
                        ``(III) cybersecurity; or
                        ``(IV) productivity; or

                    ``(ii) reduces--

                        ``(I) waste production;
                        ``(II) greenhouse gas emissions; or
                        ``(III) nongreenhouse gas pollution.

            ``(2) Eligible entity.--The term `eligible entity' means a
        small- or medium-sized manufacturer that has had an energy
        assessment completed by--
                ``(A) an industrial research and assessment center;
                ``(B) a Department of Energy Combined Heat and Power
            Technical Assistance Partnership jointly with an industrial
            research and assessment center; or
                ``(C) a third-party assessor that provides an assessment
            equivalent to an assessment described in subparagraph (A) or
            (B), as determined by the Secretary.
            ``(3) Energy service provider.--The term `energy service
        provider' means--
                ``(A) any business providing technology or services to
            improve the energy efficiency, water efficiency, power factor,
            or load management of a manufacturing site or other industrial
            process in an energy-intensive industry (as defined in section
            452(a)); and
                ``(B) any utility operating under a utility energy service
            project.
            ``(4) Industrial research and assessment center.--The term
        `industrial research and assessment center' means--
                ``(A) an institution of higher education-based industrial
            research and assessment center that is funded by the Secretary
            under subsection (b); and
                ``(B) an industrial research and assessment center at a
            trade school, community college, or union training program that
            is funded by the Secretary under subsection (f).
            ``(5) Program.--The term `Program' means the program for
        implementation grants established under subsection (i)(1).
            ``(6) Small- or medium-sized manufacturer.--The term `small- or
        medium-sized manufacturer' means a manufacturing firm--
                ``(A) the gross annual sales of which are less than
            $100,000,000;
                ``(B) that has fewer than 500 employees at the plant site
            of the manufacturing firm; and
                ``(C) the annual energy bills of which total more than
            $100,000 but less than $3,500,000.
        ``(b) Institution of Higher Education-based Industrial Research and
    Assessment Centers.--
            ``(1) In general.--The Secretary shall provide funding to
        institution of higher education-based industrial research and
        assessment centers.
            ``(2) Purpose.--The purpose of each institution of higher
        education-based industrial research and assessment center shall
        be--
                ``(A) to provide in-depth assessments of small- and medium-
            sized manufacturer plant sites to evaluate the facilities,
            services, and manufacturing operations of the plant sites;
                ``(B) to identify opportunities for optimizing energy
            efficiency and environmental performance, including
            implementation of--
                    ``(i) smart manufacturing;
                    ``(ii) energy management systems;
                    ``(iii) sustainable manufacturing;
                    ``(iv) information technology advancements for supply
                chain analysis, logistics, system monitoring, industrial
                and manufacturing processes, and other purposes; and
                    ``(v) waste management systems;
                ``(C) to promote applications of emerging concepts and
            technologies in small- and medium-sized manufacturers
            (including water and wastewater treatment facilities and
            federally owned manufacturing facilities);
                ``(D) to promote research and development for the use of
            alternative energy sources to supply heat, power, and new
            feedstocks for energy-intensive industries;
                ``(E) to coordinate with appropriate Federal and State
            research offices;
                ``(F) to provide a clearinghouse for industrial process and
            energy efficiency technical assistance resources; and
                ``(G) to coordinate with State-accredited technical
            training centers and community colleges, while ensuring
            appropriate services to all regions of the United States.
        ``(c) Coordination.--To increase the value and capabilities of the
    industrial research and assessment centers, the centers shall--
            ``(1) coordinate with Manufacturing Extension Partnership
        Centers of the National Institute of Standards and Technology;
            ``(2) coordinate with the Federal Energy Management Program and
        the Building Technologies Office of the Department of Energy to
        provide building assessment services to manufacturers;
            ``(3) increase partnerships with the National Laboratories of
        the Department of Energy to leverage the expertise, technologies,
        and research and development capabilities of the National
        Laboratories for national industrial and manufacturing needs;
            ``(4) increase partnerships with energy service providers and
        technology providers to leverage private sector expertise and
        accelerate deployment of new and existing technologies and
        processes for energy efficiency, power factor, and load management;
            ``(5) identify opportunities for reducing greenhouse gas
        emissions and other air emissions; and
            ``(6) promote sustainable manufacturing practices for small-
        and medium-sized manufacturers.
        ``(d) Outreach.--The Secretary shall provide funding for--
            ``(1) outreach activities by the industrial research and
        assessment centers to inform small- and medium-sized manufacturers
        of the information, technologies, and services available; and
            ``(2) coordination activities by each industrial research and
        assessment center to leverage efforts with--
                ``(A) Federal, State, and Tribal efforts;
                ``(B) the efforts of utilities and energy service
            providers;
                ``(C) the efforts of regional energy efficiency
            organizations; and
                ``(D) the efforts of other industrial research and
            assessment centers.
        ``(e) Centers of Excellence.--
            ``(1) Establishment.--The Secretary shall establish a Center of
        Excellence at not more than 5 of the highest-performing industrial
        research and assessment centers, as determined by the Secretary.
            ``(2) Duties.--A Center of Excellence shall coordinate with and
        advise the industrial research and assessment centers located in
        the region of the Center of Excellence, including--
                ``(A) by mentoring new directors and staff of the
            industrial research and assessment centers with respect to--
                    ``(i) the availability of resources; and
                    ``(ii) best practices for carrying out assessments,
                including through the participation of the staff of the
                Center of Excellence in assessments carried out by new
                industrial research and assessment centers;
                ``(B) by providing training to staff and students at the
            industrial research and assessment centers on new technologies,
            practices, and tools to expand the scope and impact of the
            assessments carried out by the centers;
                ``(C) by assisting the industrial research and assessment
            centers with specialized technical opportunities, including by
            providing a clearinghouse of available expertise and tools to
            assist the centers and clients of the centers in assessing and
            implementing those opportunities;
                ``(D) by identifying and coordinating with regional, State,
            local, Tribal, and utility energy efficiency programs for the
            purpose of facilitating efforts by industrial research and
            assessment centers to connect industrial facilities receiving
            assessments from those centers with regional, State, local, and
            utility energy efficiency programs that could aid the
            industrial facilities in implementing any recommendations
            resulting from the assessments;
                ``(E) by facilitating coordination between the industrial
            research and assessment centers and other Federal programs
            described in paragraphs (1) through (3) of subsection (c); and
                ``(F) by coordinating the outreach activities of the
            industrial research and assessment centers under subsection
            (d)(1).
            ``(3) Funding.--For each fiscal year, out of any amounts made
        available to carry out this section under subsection (j), the
        Secretary shall use not less than $500,000 to support each Center
        of Excellence.
        ``(f) Expansion of Industrial Research and Assessment Centers.--
            ``(1) In general.--The Secretary shall provide funding to
        establish additional industrial research and assessment centers at
        trade schools, community colleges, and union training programs.
            ``(2) Purpose.--
                ``(A) In general.--Subject to subparagraph (B), to the
            maximum extent practicable, an industrial research and
            assessment center established under paragraph (1) shall have
            the same purpose as an institution of higher education-based
            industrial research center that is funded by the Secretary
            under subsection (b)(1).
                ``(B) Consideration of capabilities.--In evaluating or
            establishing the purpose of an industrial research and
            assessment center established under paragraph (1), the
            Secretary shall take into consideration the varying
            capabilities of trade schools, community colleges, and union
            training programs.
        ``(g) Workforce Training.--
            ``(1) Internships.--The Secretary shall pay the Federal share
        of associated internship programs under which students work with or
        for industries, manufacturers, and energy service providers to
        implement the recommendations of industrial research and assessment
        centers.
            ``(2) Apprenticeships.--The Secretary shall pay the Federal
        share of associated apprenticeship programs under which--
                ``(A) students work with or for industries, manufacturers,
            and energy service providers to implement the recommendations
            of industrial research and assessment centers; and
                ``(B) employees of facilities that have received an
            assessment from an industrial research and assessment center
            work with or for an industrial research and assessment center
            to gain knowledge on engineering practices and processes to
            improve productivity and energy savings.
            ``(3) Federal share.--The Federal share of the cost of carrying
        out internship programs described in paragraph (1) and
        apprenticeship programs described in paragraph (2) shall be 50
        percent.
        ``(h) Small Business Loans.--The Administrator of the Small
    Business Administration shall, to the maximum extent practicable,
    expedite consideration of applications from eligible small business
    concerns for loans under the Small Business Act (15 U.S.C. 631 et seq.)
    to implement recommendations developed by the industrial research and
    assessment centers.
        ``(i) Implementation Grants.--
            ``(1) In general.--The Secretary shall establish a program
        under which the Secretary shall provide grants to eligible entities
        to implement covered projects.
            ``(2) Application.--An eligible entity seeking a grant under
        the Program shall submit to the Secretary an application at such
        time, in such manner, and containing such information as the
        Secretary may require, including a demonstration of need for
        financial assistance to implement the proposed covered project.
            ``(3) Priority.--In awarding grants under the Program, the
        Secretary shall give priority to eligible entities that--
                ``(A) have had an energy assessment completed by an
            industrial research and assessment center; and
                ``(B) propose to carry out a covered project with a greater
            potential for--
                    ``(i) energy efficiency gains; or
                    ``(ii) greenhouse gas emissions reductions.
            ``(4) Grant amount.--
                ``(A) Maximum amount.--The amount of a grant provided to an
            eligible entity under the Program shall not exceed $300,000.
                ``(B) Federal share.--A grant awarded under the Program for
            a covered project shall be in an amount that is not more than
            50 percent of the cost of the covered project.
                ``(C) Supplement.--A grant received by an eligible entity
            under the Program shall supplement, not supplant, any private
            or State funds available to the eligible entity to carry out
            the covered project.
        ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary for the period of fiscal years 2022
    through 2026--
            ``(1) $150,000,000 to carry out subsections (a) through (h);
        and
            ``(2) $400,000,000 to carry out subsection (i).''.
        (c) Clerical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (42 U.S.C. prec. 17001) is
    amended by adding at the end of the items relating to subtitle D of
    title IV the following:
    ``Sec. 457. Industrial research and assessment centers.''.
    SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.
        (a) In General.--Part E of title III of the Energy Policy and
    Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the
    end the following:
        ``SEC. 376. SUSTAINABLE MANUFACTURING INITIATIVE.
        ``(a) In General.--As part of the Office of Energy Efficiency and
    Renewable Energy of the Department of Energy, the Secretary, on the
    request of a manufacturer, shall carry out onsite technical assessments
    to identify opportunities for--
            ``(1) maximizing the energy efficiency of industrial processes
        and cross-cutting systems;
            ``(2) preventing pollution and minimizing waste;
            ``(3) improving efficient use of water in manufacturing
        processes;
            ``(4) conserving natural resources; and
            ``(5) achieving such other goals as the Secretary determines to
        be appropriate.
        ``(b) Coordination.--To implement any recommendations resulting
    from an onsite technical assessment carried out under subsection (a)
    and to accelerate the adoption of new and existing technologies and
    processes that improve energy efficiency, the Secretary shall
    coordinate with--
            ``(1) the Advanced Manufacturing Office of the Department of
        Energy;
            ``(2) the Building Technologies Office of the Department of
        Energy;
            ``(3) the Federal Energy Management Program of the Department
        of Energy; and
            ``(4) the private sector and other appropriate agencies,
        including the National Institute of Standards and Technology.
        ``(c) Research and Development Program for Sustainable
    Manufacturing and Industrial Technologies and Processes.--As part of
    the industrial efficiency programs of the Department of Energy, the
    Secretary shall carry out a joint industry-government partnership
    program to research, develop, and demonstrate new sustainable
    manufacturing and industrial technologies and processes that maximize
    the energy efficiency of industrial plants, reduce pollution, and
    conserve natural resources.''.
        (b) Clerical Amendment.--The table of contents of the Energy Policy
    and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the
    end of the items relating to part E of title III the following:
    ``376. Sustainable manufacturing initiative.''.

                          PART II--SMART MANUFACTURING

    SEC. 40531. DEFINITIONS.
        In this part:
            (1) Energy management system.--The term ``energy management
        system'' means a business management process based on standards of
        the American National Standards Institute that enables an
        organization to follow a systematic approach in achieving continual
        improvement of energy performance, including energy efficiency,
        security, use, and consumption.
            (2) Industrial research and assessment center.--The term
        ``industrial research and assessment center'' means a center
        located at an institution of higher education, a trade school, a
        community college, or a union training program that--
                (A) receives funding from the Department;
                (B) provides an in-depth assessment of small- and medium-
            size manufacturer plant sites to evaluate the facilities,
            services, and manufacturing operations of the plant site; and
                (C) identifies opportunities for potential savings for
            small- and medium-size manufacturer plant sites from energy
            efficiency improvements, waste minimization, pollution
            prevention, and productivity improvement.
            (3) Information and communication technology.--The term
        ``information and communication technology'' means any electronic
        system or equipment (including the content contained in the system
        or equipment) used to create, convert, communicate, or duplicate
        data or information, including computer hardware, firmware,
        software, communication protocols, networks, and data interfaces.
            (4) Institution of higher education.--The term ``institution of
        higher education'' has the meaning given the term in section 101(a)
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
            (5) North american industry classification system.--The term
        ``North American Industry Classification System'' means the
        standard used by Federal statistical agencies in classifying
        business establishments for the purpose of collecting, analyzing,
        and publishing statistical data relating to the business economy of
        the United States.
            (6) Small and medium manufacturers.--The term ``small and
        medium manufacturers'' means manufacturing firms--
                (A) classified in the North American Industry
            Classification System as any of sectors 31 through 33;
                (B) with gross annual sales of less than $100,000,000;
                (C) with fewer than 500 employees at the plant site; and
                (D) with annual energy bills totaling more than $100,000
            and less than $3,500,000.
            (7) Smart manufacturing.--The term ``smart manufacturing''
        means advanced technologies in information, automation, monitoring,
        computation, sensing, modeling, artificial intelligence, analytics,
        and networking that--
                (A) digitally--
                    (i) simulate manufacturing production lines;
                    (ii) operate computer-controlled manufacturing
                equipment;
                    (iii) monitor and communicate production line status;
                and
                    (iv) manage and optimize energy productivity and cost
                throughout production;
                (B) model, simulate, and optimize the energy efficiency of
            a factory building;
                (C) monitor and optimize building energy performance;
                (D) model, simulate, and optimize the design of energy
            efficient and sustainable products, including the use of
            digital prototyping and additive manufacturing to enhance
            product design;
                (E) connect manufactured products in networks to monitor
            and optimize the performance of the networks, including
            automated network operations; and
                (F) digitally connect the supply chain network.
    SEC. 40532. LEVERAGING EXISTING AGENCY PROGRAMS TO ASSIST SMALL AND
    MEDIUM MANUFACTURERS.
        The Secretary shall expand the scope of technologies covered by the
    industrial research and assessment centers of the Department--
            (1) to include smart manufacturing technologies and practices;
        and
            (2) to equip the directors of the industrial research and
        assessment centers with the training and tools necessary to provide
        technical assistance in smart manufacturing technologies and
        practices, including energy management systems, to manufacturers.
    SEC. 40533. LEVERAGING SMART MANUFACTURING INFRASTRUCTURE AT NATIONAL
    LABORATORIES.
        (a) Study.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall conduct a study on how
        the Department can increase access to existing high-performance
        computing resources in the National Laboratories, particularly for
        small and medium manufacturers.
            (2) Inclusions.--In identifying ways to increase access to
        National Laboratories under paragraph (1), the Secretary shall--
                (A) focus on increasing access to the computing facilities
            of the National Laboratories; and
                (B) ensure that--
                    (i) the information from the manufacturer is protected;
                and
                    (ii) the security of the National Laboratory facility
                is maintained.
            (3) Report.--Not later than 1 year after the date of enactment
        of this Act, the Secretary shall submit to Congress a report
        describing the results of the study.
        (b) Actions for Increased Access.--The Secretary shall facilitate
    access to the National Laboratories studied under subsection (a) for
    small and medium manufacturers so that small and medium manufacturers
    can fully use the high-performance computing resources of the National
    Laboratories to enhance the manufacturing competitiveness of the United
    States.
    SEC. 40534. STATE MANUFACTURING LEADERSHIP.
        (a) Financial Assistance Authorized.--The Secretary may provide
    financial assistance on a competitive basis to States for the
    establishment of programs to be used as models for supporting the
    implementation of smart manufacturing technologies.
        (b) Applications.--
            (1) In general.--To be eligible to receive financial assistance
        under this section, a State shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (2) Criteria.--The Secretary shall evaluate an application for
        financial assistance under this section on the basis of merit using
        criteria identified by the Secretary, including--
                (A) technical merit, innovation, and impact;
                (B) research approach, workplan, and deliverables;
                (C) academic and private sector partners; and
                (D) alternate sources of funding.
        (c) Requirements.--
            (1) Term.--The term of an award of financial assistance under
        this section shall not exceed 3 years.
            (2) Maximum amount.--The amount of an award of financial
        assistance under this section shall be not more than $2,000,000.
            (3) Matching requirement.--Each State that receives financial
        assistance under this section shall contribute matching funds in an
        amount equal to not less than 30 percent of the amount of the
        financial assistance.
        (d) Use of Funds.--A State may use financial assistance provided
    under this section--
            (1) to facilitate access to high-performance computing
        resources for small and medium manufacturers; and
            (2) to provide assistance to small and medium manufacturers to
        implement smart manufacturing technologies and practices.
        (e) Evaluation.--The Secretary shall conduct semiannual evaluations
    of each award of financial assistance under this section--
            (1) to determine the impact and effectiveness of programs
        funded with the financial assistance; and
            (2) to provide guidance to States on ways to better execute the
        program of the State.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    the period of fiscal years 2022 through 2026.
    SEC. 40535. REPORT.
        The Secretary annually shall submit to Congress and make publicly
    available a report on the progress made in advancing smart
    manufacturing in the United States.

                       Subtitle D--Schools and Nonprofits

    SEC. 40541. GRANTS FOR ENERGY EFFICIENCY IMPROVEMENTS AND RENEWABLE
    ENERGY IMPROVEMENTS AT PUBLIC SCHOOL FACILITIES.
        (a) Definitions.--In this section:
            (1) Alternative fueled vehicle.--The term ``alternative fueled
        vehicle'' has the meaning given the term in section 301 of the
        Energy Policy Act of 1992 (42 U.S.C. 13211).
            (2) Alternative fueled vehicle infrastructure.--The term
        ``alternative fueled vehicle infrastructure'' means infrastructure
        used to charge or fuel an alternative fueled vehicle.
            (3) Eligible entity.--The term ``eligible entity'' means a
        consortium of--
                (A) 1 local educational agency; and
                (B) 1 or more--
                    (i) schools;
                    (ii) nonprofit organizations that have the knowledge
                and capacity to partner and assist with energy
                improvements;
                    (iii) for-profit organizations that have the knowledge
                and capacity to partner and assist with energy
                improvements; or
                    (iv) community partners that have the knowledge and
                capacity to partner and assist with energy improvements.
            (4) Energy improvement.--The term ``energy improvement''
        means--
                (A) any improvement, repair, or renovation to a school that
            results in a direct reduction in school energy costs, including
            improvements to the envelope, air conditioning system,
            ventilation system, heating system, domestic hot water heating
            system, compressed air system, distribution system, lighting
            system, power system, and controls of a building;
                (B) any improvement, repair, or renovation to, or
            installation in, a school that--
                    (i) leads to an improvement in teacher and student
                health, including indoor air quality; and
                    (ii) achieves energy savings;
                (C) any improvement, repair, or renovation to a school
            involving the installation of renewable energy technologies;
                (D) the installation of alternative fueled vehicle
            infrastructure on school grounds for--
                    (i) exclusive use of school buses, school fleets, or
                students; or
                    (ii) the general public; and
                (E) the purchase or lease of alternative fueled vehicles to
            be used by a school, including school buses, fleet vehicles,
            and other operational vehicles.
            (5) High school.--The term ``high school'' has the meaning
        given the term in section 8101 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7801).
            (6) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 8101 of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).
            (7) Nonprofit organization.--The term ``nonprofit
        organization'' means--
                (A) an organization described in section 501(c)(3) of the
            Internal Revenue Code of 1986 and exempt from tax under section
            501(a) of such Code; or
                (B) a mutual or cooperative electric company described in
            section 501(c)(12) of such Code.
            (8) Partnering local educational agency.--The term ``partnering
        local educational agency'', with respect to an eligible entity,
        means the local educational agency participating in the consortium
        of the eligible entity.
        (b) Grants.--The Secretary shall award competitive grants to
    eligible entities to make energy improvements in accordance with this
    section.
        (c) Applications.--
            (1) In general.--An eligible entity desiring a grant under this
        section shall submit to the Secretary an application at such time,
        in such manner, and containing such information as the Secretary
        may require.
            (2) Contents.--The application submitted under paragraph (1)
        shall include each of the following:
                (A) A needs assessment of the current condition of the
            school and school facilities that would receive the energy
            improvements if the application were approved.
                (B) A draft work plan of the intended achievements of the
            eligible entity at the school.
                (C) A description of the energy improvements that the
            eligible entity would carry out at the school if the
            application were approved.
                (D) A description of the capacity of the eligible entity to
            provide services and comprehensive support to make the energy
            improvements referred to in subparagraph (C).
                (E) An assessment of the expected needs of the eligible
            entity for operation and maintenance training funds, and a plan
            for use of those funds, if applicable.
                (F) An assessment of the expected energy efficiency, energy
            savings, and safety benefits of the energy improvements.
                (G) A cost estimate of the proposed energy improvements.
                (H) An identification of other resources that are available
            to carry out the activities for which grant funds are requested
            under this section, including the availability of utility
            programs and public benefit funds.
        (d) Priority.--
            (1) In general.--In awarding grants under this section, the
        Secretary shall give priority to an eligible entity--
                (A) that has renovation, repair, and improvement funding
            needs;
                (B)(i) that, as determined by the Secretary, serves a high
            percentage of students, including students in a high school in
            accordance with paragraph (2), who are eligible for a free or
            reduced price lunch under the Richard B. Russell National
            School Lunch Act (42 U.S.C. 1751 et seq.); or
                (ii) the partnering local educational agency of which is
            designated with a school district locale code of 41, 42, or 43,
            as determined by the National Center for Education Statistics
            in consultation with the Bureau of the Census; and
                (C) that leverages private sector investment through
            energy-related performance contracting.
            (2) High school students.--In the case of students in a high
        school, the percentage of students eligible for a free or reduced
        price lunch described in paragraph (1)(B)(i) shall be calculated
        using data from the schools that feed into the high school.
        (e) Competitive Criteria.--The competitive criteria used by the
    Secretary to award grants under this section shall include the
    following:
            (1) The extent of the disparity between the fiscal capacity of
        the eligible entity to carry out energy improvements at school
        facilities and the needs of the partnering local educational agency
        for those energy improvements, including consideration of--
                (A) the current and historic ability of the partnering
            local educational agency to raise funds for construction,
            renovation, modernization, and major repair projects for
            schools;
                (B) the ability of the partnering local educational agency
            to issue bonds or receive other funds to support the current
            infrastructure needs of the partnering local educational agency
            for schools; and
                (C) the bond rating of the partnering local educational
            agency.
            (2) The likelihood that the partnering local educational agency
        or eligible entity will maintain, in good condition, any school and
        school facility that is the subject of improvements.
            (3) The potential energy efficiency and safety benefits from
        the proposed energy improvements.
        (f) Use of Grant Amounts.--
            (1) In general.--Except as provided in this subsection, an
        eligible entity receiving a grant under this section shall use the
        grant amounts only to make the energy improvements described in the
        application submitted by the eligible entity under subsection (c).
            (2) Operation and maintenance training.--An eligible entity
        receiving a grant under this section may use not more than 5
        percent of the grant amounts for operation and maintenance training
        for energy efficiency and renewable energy improvements, such as
        maintenance staff and teacher training, education, and preventative
        maintenance training.
            (3) Third-party investigation and analysis.--An eligible entity
        receiving a grant under this section may use a portion of the grant
        amounts for a third-party investigation and analysis of the energy
        improvements carried out by the eligible entity, such as energy
        audits and existing building commissioning.
            (4) Continuing education.--An eligible entity receiving a grant
        under this section may use not more than 3 percent of the grant
        amounts to develop a continuing education curriculum relating to
        energy improvements.
        (g) Competition in Contracting.--If an eligible entity receiving a
    grant under this section uses grant funds to carry out repair or
    renovation through a contract, the eligible entity shall be required to
    ensure that the contract process--
            (1) through full and open competition, ensures the maximum
        practicable number of qualified bidders, including small, minority,
        and women-owned businesses; and
            (2) gives priority to businesses located in, or resources
        common to, the State or geographical area in which the repair or
        renovation under the contract will be carried out.
        (h) Best Practices.--The Secretary shall develop and publish
    guidelines and best practices for activities carried out under this
    section.
        (i) Report by Eligible Entity.--An eligible entity receiving a
    grant under this section shall submit to the Secretary, at such time as
    the Secretary may require, a report describing--
            (1) the use of the grant funds for energy improvements;
            (2) the estimated cost savings realized by those energy
        improvements;
            (3) the results of any third-party investigation and analysis
        conducted relating to those energy improvements;
            (4) the use of any utility programs and public benefit funds;
        and
            (5) the use of performance tracking for energy improvements,
        such as--
                (A) the Energy Star program established under section 324A
            of the Energy Policy and Conservation Act (42 U.S.C. 6294a); or
                (B) the United States Green Building Council Leadership in
            Energy and Environmental Design (LEED) green building rating
            system for existing buildings.
        (j) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $500,000,000
    for the period of fiscal years 2022 through 2026.
    SEC. 40542. ENERGY EFFICIENCY MATERIALS PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Applicant.--The term ``applicant'' means a nonprofit
        organization that applies for a grant under this section.
            (2) Energy-efficiency material.--
                (A) In general.--The term ``energy-efficiency material''
            means a material (including a product, equipment, or system)
            the installation of which results in a reduction in use by a
            nonprofit organization of energy or fuel.
                (B) Inclusions.--The term ``energy-efficiency material''
            includes--
                    (i) a roof or lighting system or component of the
                system;
                    (ii) a window;
                    (iii) a door, including a security door; and
                    (iv) a heating, ventilation, or air conditioning system
                or component of the system (including insulation and wiring
                and plumbing improvements needed to serve a more efficient
                system).
            (3) Nonprofit building.--The term ``nonprofit building'' means
        a building operated and owned by an organization that is described
        in section 501(c)(3) of the Internal Revenue Code of 1986 and
        exempt from tax under section 501(a) of such Code.
        (b) Establishment.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall establish a pilot program to
    award grants for the purpose of providing nonprofit buildings with
    energy-efficiency materials.
        (c) Grants.--
            (1) In general.--The Secretary may award grants under the
        program established under subsection (b).
            (2) Application.--The Secretary may award a grant under
        paragraph (1) if an applicant submits to the Secretary an
        application at such time, in such form, and containing such
        information as the Secretary may prescribe.
            (3) Criteria for grant.--In determining whether to award a
        grant under paragraph (1), the Secretary shall apply performance-
        based criteria, which shall give priority to applicants based on--
                (A) the energy savings achieved;
                (B) the cost effectiveness of the use of energy-efficiency
            materials;
                (C) an effective plan for evaluation, measurement, and
            verification of energy savings; and
                (D) the financial need of the applicant.
            (4) Limitation on individual grant amount.--Each grant awarded
        under this section shall not exceed $200,000.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    the period of fiscal years 2022 through 2026, to remain available until
    expended.

                           Subtitle E--Miscellaneous

    SEC. 40551. WEATHERIZATION ASSISTANCE PROGRAM.
        (a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary for the weatherization assistance program
    established under part A of title IV of the Energy Conservation and
    Production Act (42 U.S.C. 6861 et seq.) $3,500,000,000 for fiscal year
    2022, to remain available until expended.
        (b) Application of Wage Rate Requirements to Weatherization
    Assistance Program.--With respect to work performed under the
    weatherization assistance program established under part A of title IV
    of the Energy Conservation and Production Act (42 U.S.C. 6861 et seq.)
    on a project assisted in whole or in part by funding made available
    under subsection (a), the requirements of section 41101 shall apply
    only to work performed on multifamily buildings with not fewer than 5
    units.
    SEC. 40552. ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM.
        (a) Use of Funds.--Section 544 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17154) is amended--
            (1) in paragraph (13)(D), by striking ``and'' after the
        semicolon;
            (2) by redesignating paragraph (14) as paragraph (15); and
            (3) by inserting after paragraph (13) the following:
            ``(14) programs for financing energy efficiency, renewable
        energy, and zero-emission transportation (and associated
        infrastructure), capital investments, projects, and programs, which
        may include loan programs and performance contracting programs, for
        leveraging of additional public and private sector funds, and
        programs that allow rebates, grants, or other incentives for the
        purchase and installation of energy efficiency, renewable energy,
        and zero-emission transportation (and associated infrastructure)
        measures; and''.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary for the Energy Efficiency and
    Conservation Block Grant Program established under section 542(a) of
    the Energy Independence and Security Act of 2007 (42 U.S.C. 17152(a))
    $550,000,000 for fiscal year 2022, to remain available until expended.
    SEC. 40553. SURVEY, ANALYSIS, AND REPORT ON EMPLOYMENT AND DEMOGRAPHICS
    IN THE ENERGY, ENERGY EFFICIENCY, AND MOTOR VEHICLE SECTORS OF THE
    UNITED STATES.
        (a) Energy Jobs Council.--
            (1) Establishment.--The Secretary shall establish a council, to
        be known as the ``Energy Jobs Council'' (referred to in this
        section as the ``Council'').
            (2) Membership.--The Council shall be comprised of--
                (A) to be appointed by the Secretary--
                    (i) 1 or more representatives of the Energy Information
                Administration; and
                    (ii) 1 or more representatives of a State energy office
                that are serving as members of the State Energy Advisory
                Board established by section 365(g) of the Energy Policy
                and Conservation Act (42 U.S.C. 6325(g));
                (B) to be appointed by the Secretary of Commerce--
                    (i) 1 or more representatives of the Department of
                Commerce; and
                    (ii) 1 or more representatives of the Bureau of the
                Census;
                (C) 1 or more representatives of the Bureau of Labor
            Statistics, to be appointed by the Secretary of Labor; and
                (D) 1 or more representatives of any other Federal agency
            the assistance of which is required to carry out this section,
            as determined by the Secretary, to be appointed by the head of
            the applicable agency.
        (b) Survey and Analysis.--
            (1) In general.--The Council shall--
                (A) conduct a survey of employers in the energy, energy
            efficiency, and motor vehicle sectors of the economy of the
            United States; and
                (B) perform an analysis of the employment figures and
            demographics in those sectors, including the number of
            personnel in each sector who devote a substantial portion of
            working hours, as determined by the Secretary, to regulatory
            compliance matters.
            (2) Methodology.--In conducting the survey and analysis under
        paragraph (1), the Council shall employ a methodology that--
                (A) was approved in 2016 by the Office of Management and
            Budget for use in the document entitled ``OMB Control Number
            1910-5179'';
                (B) uses a representative, stratified sampling of
            businesses in the United States; and
                (C) is designed to elicit a comparable number of responses
            from businesses in each State and with the same North American
            Industry Classification System codes as were received for the
            2016 and 2017 reports entitled ``U.S. Energy and Employment
            Report''.
            (3) Consultation.--In conducting the survey and analysis under
        paragraph (1), the Council shall consult with key stakeholders,
        including--
                (A) as the Council determines to be appropriate, the heads
            of relevant Federal agencies and offices, including--
                    (i) the Secretary of Commerce;
                    (ii) the Secretary of Transportation;
                    (iii) the Director of the Bureau of the Census;
                    (iv) the Commissioner of the Bureau of Labor
                Statistics; and
                    (v) the Administrator of the Environmental Protection
                Agency;
                (B) States;
                (C) the State Energy Advisory Board established by section
            365(g) of the Energy Policy and Conservation Act (42 U.S.C.
            6325(g)); and
                (D) energy industry trade associations.
        (c) Report.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, and annually thereafter, the Secretary
        shall--
                (A) make publicly available on the website of the
            Department a report, to be entitled the ``U.S. Energy and
            Employment Report'', describing the employment figures and
            demographics in the energy, energy efficiency, and motor
            vehicle sectors of the United States, and the average number of
            hours devoted to regulatory compliance, based on the survey and
            analysis conducted under subsection (b); and
                (B) subject to the requirements of subchapter III of
            chapter 35 of title 44, United States Code, make the data
            collected by the Council publicly available on the website of
            the Department.
            (2) Contents.--
                (A) In general.--The report under paragraph (1) shall
            include employment figures and demographic data for--
                    (i) the energy sector of the economy of the United
                States, including--

                        (I) the electric power generation and fuels sector;
                    and
                        (II) the transmission, storage, and distribution
                    sector;

                    (ii) the energy efficiency sector of the economy of the
                United States; and
                    (iii) the motor vehicle sector of the economy of the
                United States.
                (B) Inclusion.--With respect to each sector described in
            subparagraph (A), the report under paragraph (1) shall include
            employment figures and demographic data sorted by--
                    (i) each technology, subtechnology, and fuel type of
                those sectors; and
                    (ii) subject to the requirements of the Confidential
                Information Protection and Statistical Efficiency Act of
                2002 (44 U.S.C. 3501 note; Public Law 107-347)--

                        (I) each State;
                        (II) each territory of the United States;
                        (III) the District of Columbia; and
                        (IV) each county (or equivalent jurisdiction) in
                    the United States.

    SEC. 40554. ASSISTING FEDERAL FACILITIES WITH ENERGY CONSERVATION
    TECHNOLOGIES GRANT PROGRAM.
        There is authorized to be appropriated to the Secretary to provide
    grants authorized under section 546(b) of the National Energy
    Conservation Policy Act (42 U.S.C. 8256(b)), $250,000,000 for fiscal
    year 2022, to remain available until expended.
    SEC. 40555. REBATES.
        There are authorized to be appropriated to the Secretary for the
    period of fiscal years 2022 and 2023--
            (1) $10,000,000 for the extended product system rebate program
        authorized under section 1005 of the Energy Act of 2020 (42 U.S.C.
        6311 note; Public Law 116-260); and
            (2) $10,000,000 for the energy efficient transformer rebate
        program authorized under section 1006 of the Energy Act of 2020 (42
        U.S.C. 6317 note; Public Law 116-260).
    SEC. 40556. MODEL GUIDANCE FOR COMBINED HEAT AND POWER SYSTEMS AND
    WASTE HEAT TO POWER SYSTEMS.
        (a) Definitions.--In this section:
            (1) Additional services.--The term ``additional services''
        means the provision of supplementary power, backup or standby
        power, maintenance power, or interruptible power to an electric
        consumer by an electric utility.
            (2) Waste heat to power system.--The term ``waste heat to power
        system'' means a system that generates electricity through the
        recovery of waste energy.
            (3) Other terms.--
                (A) Purpa.--The terms ``electric consumer'', ``electric
            utility'', ``interconnection service'', ``nonregulated electric
            utility'', and ``State regulatory authority'' have the meanings
            given those terms in the Public Utility Regulatory Policies Act
            of 1978 (16 U.S.C. 2601 et seq.), within the meaning of title I
            of that Act (16 U.S.C. 2611 et seq.).
                (B) Epca.--The terms ``combined heat and power system'' and
            ``waste energy'' have the meanings given those terms in section
            371 of the Energy Policy and Conservation Act (42 U.S.C. 6341).
        (b) Review.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary, in consultation with the
        Federal Energy Regulatory Commission and other appropriate
        entities, shall review existing rules and procedures relating to
        interconnection service and additional services throughout the
        United States for electric generation with nameplate capacity up to
        150 megawatts connecting at either distribution or transmission
        voltage levels to identify barriers to the deployment of combined
        heat and power systems and waste heat to power systems.
            (2) Inclusion.--The review under this subsection shall include
        a review of existing rules and procedures relating to--
                (A) determining and assigning costs of interconnection
            service and additional services; and
                (B) ensuring adequate cost recovery by an electric utility
            for interconnection service and additional services.
        (c) Model Guidance.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary, in consultation with the
        Federal Energy Regulatory Commission and other appropriate
        entities, shall issue model guidance for interconnection service
        and additional services for consideration by State regulatory
        authorities and nonregulated electric utilities to reduce the
        barriers identified under subsection (b)(1).
            (2) Current best practices.--The model guidance issued under
        this subsection shall reflect, to the maximum extent practicable,
        current best practices to encourage the deployment of combined heat
        and power systems and waste heat to power systems while ensuring
        the safety and reliability of the interconnected units and the
        distribution and transmission networks to which the units connect,
        including--
                (A) relevant current standards developed by the Institute
            of Electrical and Electronic Engineers; and
                (B) model codes and rules adopted by--
                    (i) States; or
                    (ii) associations of State regulatory agencies.
            (3) Factors for consideration.--In establishing the model
        guidance under this subsection, the Secretary shall take into
        consideration--
                (A) the appropriateness of using standards or procedures
            for interconnection service that vary based on unit size, fuel
            type, or other relevant characteristics;
                (B) the appropriateness of establishing fast-track
            procedures for interconnection service;
                (C) the value of consistency with Federal interconnection
            rules established by the Federal Energy Regulatory Commission
            as of the date of enactment of this Act;
                (D) the best practices used to model outage assumptions and
            contingencies to determine fees or rates for additional
            services;
                (E) the appropriate duration, magnitude, or usage of demand
            charge ratchets;
                (F) potential alternative arrangements with respect to the
            procurement of additional services, including--
                    (i) contracts tailored to individual electric consumers
                for additional services;
                    (ii) procurement of additional services by an electric
                utility from a competitive market; and
                    (iii) waivers of fees or rates for additional services
                for small electric consumers; and
                (G) outcomes such as increased electric reliability, fuel
            diversification, enhanced power quality, and reduced electric
            losses that may result from increased use of combined heat and
            power systems and waste heat to power systems.

                   TITLE VI--METHANE REDUCTION INFRASTRUCTURE

    SEC. 40601. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND RESTORATION.
        Section 349 of the Energy Policy Act of 2005 (42 U.S.C. 15907) is
    amended to read as follows:
        ``SEC. 349. ORPHANED WELL SITE PLUGGING, REMEDIATION, AND
          RESTORATION.
        ``(a) Definitions.--In this section:
            ``(1) Federal land.--The term `Federal land' means land
        administered by a land management agency within--
                ``(A) the Department of Agriculture; or
                ``(B) the Department of the Interior.
            ``(2) Idled well.--The term `idled well' means a well--
                ``(A) that has been nonoperational for not fewer than 4
            years; and
                ``(B) for which there is no anticipated beneficial future
            use.
            ``(3) Indian tribe.--The term `Indian Tribe' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            ``(4) Operator.--The term `operator', with respect to an oil or
        gas operation, means any entity, including a lessee or operating
        rights owner, that has provided to a relevant authority a written
        statement that the entity is responsible for the oil or gas
        operation, or any portion of the operation.
            ``(5) Orphaned well.--The term `orphaned well'--
                ``(A) with respect to Federal land or Tribal land, means a
            well--
                    ``(i)(I) that is not used for an authorized purpose,
                such as production, injection, or monitoring; and
                    ``(II)(aa) for which no operator can be located;
                    ``(bb) the operator of which is unable--

                        ``(AA) to plug the well; and
                        ``(BB) to remediate and reclaim the well site; or

                    ``(cc) that is within the National Petroleum Reserve-
                Alaska; and
                ``(B) with respect to State or private land--
                    ``(i) has the meaning given the term by the applicable
                State; or
                    ``(ii) if that State uses different terminology, has
                the meaning given another term used by the State to
                describe a well eligible for plugging, remediation, and
                reclamation by the State.
            ``(6) Tribal land.--The term `Tribal land' means any land or
        interest in land owned by an Indian Tribe, the title to which is--
                ``(A) held in trust by the United States; or
                ``(B) subject to a restriction against alienation under
            Federal law.
        ``(b) Federal Program.--
            ``(1) Establishment.--Not later than 60 days after the date of
        enactment of the Infrastructure Investment and Jobs Act, the
        Secretary shall establish a program to plug, remediate, and reclaim
        orphaned wells located on Federal land.
            ``(2) Included activities.--The program under this subsection
        shall--
                ``(A) include a method of--
                    ``(i) identifying, characterizing, and inventorying
                orphaned wells and associated pipelines, facilities, and
                infrastructure on Federal land; and
                    ``(ii) ranking those orphaned wells for priority in
                plugging, remediation, and reclamation, based on--

                        ``(I) public health and safety;
                        ``(II) potential environmental harm; and
                        ``(III) other subsurface impacts or land use
                    priorities;

                ``(B) distribute funding in accordance with the priorities
            established under subparagraph (A)(ii) for--
                    ``(i) plugging orphaned wells;
                    ``(ii) remediating and reclaiming well pads and
                facilities associated with orphaned wells;
                    ``(iii) remediating soil and restoring native species
                habitat that has been degraded due to the presence of
                orphaned wells and associated pipelines, facilities, and
                infrastructure; and
                    ``(iv) remediating land adjacent to orphaned wells and
                decommissioning or removing associated pipelines,
                facilities, and infrastructure;
                ``(C) provide a public accounting of the costs of plugging,
            remediation, and reclamation for each orphaned well;
                ``(D) seek to determine the identities of potentially
            responsible parties associated with the orphaned well (or a
            surety or guarantor of such a party), to the extent such
            information can be ascertained, and make efforts to obtain
            reimbursement for expenditures to the extent practicable;
                ``(E) measure or estimate and track--
                    ``(i) emissions of methane and other gases associated
                with orphaned wells; and
                    ``(ii) contamination of groundwater or surface water
                associated with orphaned wells; and
                ``(F) identify and address any disproportionate burden of
            adverse human health or environmental effects of orphaned wells
            on communities of color, low-income communities, and Tribal and
            indigenous communities.
            ``(3) Idled wells.--The Secretary, acting through the Director
        of the Bureau of Land Management, shall--
                ``(A) periodically review all idled wells on Federal land;
            and
                ``(B) reduce the inventory of idled wells on Federal land.
            ``(4) Cooperation and consultation.--In carrying out the
        program under this subsection, the Secretary shall--
                ``(A) work cooperatively with--
                    ``(i) the Secretary of Agriculture;
                    ``(ii) affected Indian Tribes; and
                    ``(iii) each State within which Federal land is
                located; and
                ``(B) consult with--
                    ``(i) the Secretary of Energy; and
                    ``(ii) the Interstate Oil and Gas Compact Commission.
        ``(c) Funding for State Programs.--
            ``(1) In general.--The Secretary shall provide to States, in
        accordance with this subsection--
                ``(A) initial grants under paragraph (3);
                ``(B) formula grants under paragraph (4); and
                ``(C) performance grants under paragraph (5).
            ``(2) Activities.--
                ``(A) In general.--A State may use funding provided under
            this subsection for any of the following purposes:
                    ``(i) To plug, remediate, and reclaim orphaned wells
                located on State-owned or privately owned land.
                    ``(ii) To identify and characterize undocumented
                orphaned wells on State and private land.
                    ``(iii) To rank orphaned wells based on factors
                including--

                        ``(I) public health and safety;
                        ``(II) potential environmental harm; and
                        ``(III) other land use priorities.

                    ``(iv) To make information regarding the use of funds
                received under this subsection available on a public
                website.
                    ``(v) To measure and track--

                        ``(I) emissions of methane and other gases
                    associated with orphaned wells; and
                        ``(II) contamination of groundwater or surface
                    water associated with orphaned wells.

                    ``(vi) To remediate soil and restore native species
                habitat that has been degraded due to the presence of
                orphaned wells and associated pipelines, facilities, and
                infrastructure.
                    ``(vii) To remediate land adjacent to orphaned wells
                and decommission or remove associated pipelines,
                facilities, and infrastructure.
                    ``(viii) To identify and address any disproportionate
                burden of adverse human health or environmental effects of
                orphaned wells on communities of color, low-income
                communities, and Tribal and indigenous communities.
                    ``(ix) Subject to subparagraph (B), to administer a
                program to carry out any activities described in clauses
                (i) through (viii).
                ``(B) Administrative cost limitation.--
                    ``(i) In general.--Except as provided in clause (ii), a
                State shall not use more than 10 percent of the funds
                received under this subsection during a fiscal year for
                administrative costs under subparagraph (A)(ix).
                    ``(ii) Exception.--The limitation under clause (i)
                shall not apply to funds used by a State as described in
                paragraph (3)(A)(ii).
            ``(3) Initial grants.--
                ``(A) In general.--Subject to the availability of
            appropriations, the Secretary shall distribute--
                    ``(i) not more than $25,000,000 to each State that
                submits to the Secretary, by not later than 180 days after
                the date of enactment of the Infrastructure Investment and
                Jobs Act, a request for funding under this clause,
                including--

                        ``(I) an estimate of the number of jobs that will
                    be created or saved through the activities proposed to
                    be funded; and
                        ``(II) a certification that--

                            ``(aa) the State is a Member State or Associate
                        Member State of the Interstate Oil and Gas Compact
                        Commission;
                            ``(bb) there are 1 or more documented orphaned
                        wells located in the State; and
                            ``(cc) the State will use not less than 90
                        percent of the funding requested under this
                        subsection to issue new contracts, amend existing
                        contracts, or issue grants for plugging,
                        remediation, and reclamation work by not later than
                        90 days after the date of receipt of the funds; and
                    ``(ii) not more than $5,000,000 to each State that--

                        ``(I) requests funding under this clause;
                        ``(II) does not receive a grant under clause (i);
                    and
                        ``(III) certifies to the Secretary that--

                            ``(aa) the State--
                                ``(AA) has in effect a plugging,
                            remediation, and reclamation program for
                            orphaned wells; or
                                ``(BB) the capacity to initiate such a
                            program; or
                            ``(bb) the funds provided under this paragraph
                        will be used to carry out any administrative
                        actions necessary to develop an application for a
                        formula grant under paragraph (4) or a performance
                        grant under paragraph (5).
                ``(B) Distribution.--Subject to the availability of
            appropriations, the Secretary shall distribute funds to a State
            under this paragraph by not later than the date that is 30 days
            after the date on which the State submits to the Secretary the
            certification required under clause (i)(II) or (ii)(III) of
            subparagraph (A), as applicable.
                ``(C) Deadline for expenditure.--A State that receives
            funds under this paragraph shall reimburse the Secretary in an
            amount equal to the amount of the funds that remain unobligated
            on the date that is 1 year after the date of receipt of the
            funds.
                ``(D) Report.--Not later than 15 months after the date on
            which a State receives funds under this paragraph, the State
            shall submit to the Secretary a report that describes the means
            by which the State used the funds in accordance with the
            certification submitted by the State under subparagraph (A).
            ``(4) Formula grants.--
                ``(A) Establishment.--
                    ``(i) In general.--The Secretary shall establish a
                formula for the distribution to each State described in
                clause (ii) of funds under this paragraph.
                    ``(ii) Description of states.--A State referred to in
                clause (i) is a State that, by not later than 45 days after
                the date of enactment of the Infrastructure Investment and
                Jobs Act, submits to the Secretary a notice of the intent
                of the State to submit an application under subparagraph
                (B), including a description of the factors described in
                clause (iii) with respect to the State.
                    ``(iii) Factors.--The formula established under clause
                (i) shall account for, with respect to an applicant State,
                the following factors:

                        ``(I) Job losses in the oil and gas industry in the
                    State during the period--

                            ``(aa) beginning on March 1, 2020; and
                            ``(bb) ending on the date of enactment of the
                        Infrastructure Investment and Jobs Act.

                        ``(II) The number of documented orphaned wells
                    located in the State, and the projected cost--

                            ``(aa) to plug or reclaim those orphaned wells;
                            ``(bb) to reclaim adjacent land; and
                            ``(cc) to decommission or remove associated
                        pipelines, facilities, and infrastructure.
                    ``(iv) Publication.--Not later than 75 days after the
                date of enactment of the Infrastructure Investment and Jobs
                Act, the Secretary shall publish on a public website the
                amount that each State is eligible to receive under the
                formula under this subparagraph.
                ``(B) Application.--To be eligible to receive a formula
            grant under this paragraph, a State shall submit to the
            Secretary an application that includes--
                    ``(i) a description of--

                        ``(I) the State program for orphaned well plugging,
                    remediation, and restoration, including legal
                    authorities, processes used to identify and prioritize
                    orphaned wells, procurement mechanisms, and other
                    program elements demonstrating the readiness of the
                    State to carry out proposed activities using the grant;
                        ``(II) the activities to be carried out with the
                    grant, including an identification of the estimated
                    health, safety, habitat, and environmental benefits of
                    plugging, remediating, or reclaiming orphaned wells;
                    and
                        ``(III) the means by which the information
                    regarding the activities of the State under this
                    paragraph will be made available on a public website;

                    ``(ii) an estimate of--

                        ``(I) the number of orphaned wells in the State
                    that will be plugged, remediated, or reclaimed;
                        ``(II) the projected cost of--

                            ``(aa) plugging, remediating, or reclaiming
                        orphaned wells;
                            ``(bb) remediating or reclaiming adjacent land;
                        and
                            ``(cc) decommissioning or removing associated
                        pipelines, facilities, and infrastructure;

                        ``(III) the amount of that projected cost that will
                    be offset by the forfeiture of financial assurance
                    instruments, the estimated salvage of well site
                    equipment, or other proceeds from the orphaned wells
                    and adjacent land;
                        ``(IV) the number of jobs that will be created or
                    saved through the activities to be funded under this
                    paragraph; and
                        ``(V) the amount of funds to be spent on
                    administrative costs;

                    ``(iii) a certification that any financial assurance
                instruments available to cover plugging, remediation, or
                reclamation costs will be used by the State; and
                    ``(iv) the definitions and processes used by the State
                to formally identify a well as--

                        ``(I) an orphaned well; or
                        ``(II) if the State uses different terminology,
                    otherwise eligible for plugging, remediation, and
                    reclamation by the State.

                ``(C) Distribution.--Subject to the availability of
            appropriations, the Secretary shall distribute funds to a State
            under this paragraph by not later than the date that is 60 days
            after the date on which the State submits to the Secretary a
            completed application under subparagraph (B).
                ``(D) Deadline for expenditure.--A State that receives
            funds under this paragraph shall reimburse the Secretary in an
            amount equal to the amount of the funds that remain unobligated
            on the date that is 5 years after the date of receipt of the
            funds.
                ``(E) Consultation.--In making a determination under this
            paragraph regarding the eligibility of a State to receive a
            formula grant, the Secretary shall consult with--
                    ``(i) the Administrator of the Environmental Protection
                Agency;
                    ``(ii) the Secretary of Energy; and
                    ``(iii) the Interstate Oil and Gas Compact Commission.
            ``(5) Performance grants.--
                ``(A) Establishment.--The Secretary shall provide to
            States, in accordance with this paragraph--
                    ``(i) regulatory improvement grants under subparagraph
                (E); and
                    ``(ii) matching grants under subparagraph (F).
                ``(B) Application.--To be eligible to receive a grant under
            this paragraph, a State shall submit to the Secretary an
            application including--
                    ``(i) each element described in an application for a
                grant under paragraph (4)(B);
                    ``(ii) activities carried out by the State to address
                orphaned wells located in the State, including--

                        ``(I) increasing State spending on well plugging,
                    remediation, and reclamation; or
                        ``(II) improving regulation of oil and gas wells;
                    and

                    ``(iii) the means by which the State will use funds
                provided under this paragraph--

                        ``(I) to lower unemployment in the State; and
                        ``(II) to improve economic conditions in
                    economically distressed areas of the State.

                ``(C) Distribution.--Subject to the availability of
            appropriations, the Secretary shall distribute funds to a State
            under this paragraph by not later than the date that is 60 days
            after the date on which the State submits to the Secretary a
            completed application under subparagraph (B).
                ``(D) Consultation.--In making a determination under this
            paragraph regarding the eligibility of a State to receive a
            grant under subparagraph (E) or (F), the Secretary shall
            consult with--
                    ``(i) the Administrator of the Environmental Protection
                Agency;
                    ``(ii) the Secretary of Energy; and
                    ``(iii) the Interstate Oil and Gas Compact Commission.
                ``(E) Regulatory improvement grants.--
                    ``(i) In general.--Beginning on the date that is 180
                days after the date on which an initial grant is provided
                to a State under paragraph (3), the Secretary shall,
                subject to the availability of appropriations, provide to
                the State a regulatory improvement grant under this
                subparagraph, if the State meets, during the 10-year period
                ending on the date on which the State submits to the
                Secretary an application under subparagraph (B), 1 of the
                following criteria:

                        ``(I) The State has strengthened plugging standards
                    and procedures designed to ensure that wells located in
                    the State are plugged in an effective manner that
                    protects groundwater and other natural resources,
                    public health and safety, and the environment.
                        ``(II) The State has made improvements to State
                    programs designed to reduce future orphaned well
                    burdens, such as financial assurance reform,
                    alternative funding mechanisms for orphaned well
                    programs, and reforms to programs relating to well
                    transfer or temporary abandonment.

                    ``(ii) Limitations.--

                        ``(I) Number.--The Secretary may issue to a State
                    under this subparagraph not more than 1 grant for each
                    criterion described in subclause (I) or (II) of clause
                    (i).
                        ``(II) Maximum amount.--The amount of a single
                    grant provided to a State under this subparagraph shall
                    be not more than $20,000,000.

                    ``(iii) Reimbursement for failure to maintain
                protections.--A State that receives a grant under this
                subparagraph shall reimburse the Secretary in an amount
                equal to the amount of the grant in any case in which,
                during the 10-year period beginning on the date of receipt
                of the grant, the State enacts a law or regulation that, if
                in effect on the date of submission of the application
                under subparagraph (B), would have prevented the State from
                being eligible to receive the grant under clause (i).
                ``(F) Matching grants.--
                    ``(i) In general.--Beginning on the date that is 180
                days after the date on which an initial grant is provided
                to a State under paragraph (3), the Secretary shall,
                subject to the availability of appropriations, provide to
                the State funding, in an amount equal to the difference
                between--

                        ``(I) the average annual amount expended by the
                    State during the period of fiscal years 2010 through
                    2019--

                            ``(aa) to plug, remediate, and reclaim orphaned
                        wells; and
                            ``(bb) to decommission or remove associated
                        pipelines, facilities, or infrastructure; and

                        ``(II) the amount that the State certifies to the
                    Secretary the State will expend, during the fiscal year
                    in which the State will receive the grant under this
                    subparagraph--

                            ``(aa) to plug, remediate, and reclaim orphaned
                        wells;
                            ``(bb) to remediate or reclaim adjacent land;
                        and
                            ``(cc) to decommission or remove associated
                        pipelines, facilities, and infrastructure.
                    ``(ii) Limitations.--

                        ``(I) Fiscal year.--The Secretary may issue to a
                    State under this subparagraph not more than 1 grant for
                    each fiscal year.
                        ``(II) Total funds provided.--The Secretary may
                    provide to a State under this subparagraph a total
                    amount equal to not more than $30,000,000 during the
                    period of fiscal years 2022 through 2031.

        ``(d) Tribal Orphaned Well Site Plugging, Remediation, and
    Restoration.--
            ``(1) Establishment.--The Secretary shall establish a program
        under which the Secretary shall--
                ``(A) provide to Indian Tribes grants in accordance with
            this subsection; or
                ``(B) on request of an Indian Tribe and in lieu of a grant
            under subparagraph (A), administer and carry out plugging,
            remediation, and reclamation activities in accordance with
            paragraph (7).
            ``(2) Eligible activities.--
                ``(A) In general.--An Indian Tribe may use a grant received
            under this subsection--
                    ``(i) to plug, remediate, or reclaim an orphaned well
                on Tribal land;
                    ``(ii) to remediate soil and restore native species
                habitat that has been degraded due to the presence of an
                orphaned well or associated pipelines, facilities, or
                infrastructure on Tribal land;
                    ``(iii) to remediate Tribal land adjacent to orphaned
                wells and decommission or remove associated pipelines,
                facilities, and infrastructure;
                    ``(iv) to provide an online public accounting of the
                cost of plugging, remediation, and reclamation for each
                orphaned well site on Tribal land;
                    ``(v) to identify and characterize undocumented
                orphaned wells on Tribal land; and
                    ``(vi) to develop or administer a Tribal program to
                carry out any activities described in clauses (i) through
                (v).
                ``(B) Administrative cost limitation.--
                    ``(i) In general.--Except as provided in clause (ii),
                an Indian Tribe shall not use more than 10 percent of the
                funds received under this subsection during a fiscal year
                for administrative costs under subparagraph (A)(vi).
                    ``(ii) Exception.--The limitation under clause (i)
                shall not apply to any funds used to carry out an
                administrative action necessary for the development of a
                Tribal program described in subparagraph (A)(vi).
            ``(3) Factors for consideration.--In determining whether to
        provide to an Indian Tribe a grant under this subsection, the
        Secretary shall take into consideration--
                ``(A) the unemployment rate of the Indian Tribe on the date
            on which the Indian Tribe submits an application under
            paragraph (4); and
                ``(B) the estimated number of orphaned wells on the Tribal
            land of the Indian Tribe.
            ``(4) Application.--To be eligible to receive a grant under
        this subsection, an Indian Tribe shall submit to the Secretary an
        application that includes--
                ``(A) a description of--
                    ``(i) the Tribal program for orphaned well plugging,
                remediation, and restoration, including legal authorities,
                processes used to identify and prioritize orphaned wells,
                procurement mechanisms, and other program elements
                demonstrating the readiness of the Indian Tribe to carry
                out the proposed activities, or plans to develop such a
                program; and
                    ``(ii) the activities to be carried out with the grant,
                including an identification of the estimated health,
                safety, habitat, and environmental benefits of plugging,
                remediating, or reclaiming orphaned wells and remediating
                or reclaiming adjacent land; and
                ``(B) an estimate of--
                    ``(i) the number of orphaned wells that will be
                plugged, remediated, or reclaimed; and
                    ``(ii) the projected cost of--

                        ``(I) plugging, remediating, or reclaiming orphaned
                    wells;
                        ``(II) remediating or reclaiming adjacent land; and
                        ``(III) decommissioning or removing associated
                    pipelines, facilities, and infrastructure.

            ``(5) Distribution.--Subject to the availability of
        appropriations, the Secretary shall distribute funds to an Indian
        Tribe under this subsection by not later than the date that is 60
        days after the date on which the Indian Tribe submits to the
        Secretary a completed application under paragraph (4).
            ``(6) Deadline for expenditure.--An Indian Tribe that receives
        funds under this subsection shall reimburse the Secretary in an
        amount equal to the amount of the funds that remain unobligated on
        the date that is 5 years after the date of receipt of the funds,
        except for cases in which the Secretary has granted the Indian
        Tribe an extended deadline for completion of the eligible
        activities after consultation.
            ``(7) Delegation to secretary in lieu of a grant.--
                ``(A) In general.--In lieu of a grant under this
            subsection, an Indian Tribe may submit to the Secretary a
            request for the Secretary to administer and carry out plugging,
            remediation, and reclamation activities relating to an orphaned
            well on behalf of the Indian Tribe.
                ``(B) Administration.--Subject to the availability of
            appropriations under subsection (h)(1)(E), on submission of a
            request under subparagraph (A), the Secretary shall administer
            or carry out plugging, remediation, and reclamation activities
            for an orphaned well on Tribal land.
        ``(e) Technical Assistance.--The Secretary of Energy, in
    cooperation with the Secretary and the Interstate Oil and Gas Compact
    Commission, shall provide technical assistance to the Federal land
    management agencies and oil and gas producing States and Indian Tribes
    to support practical and economical remedies for environmental problems
    caused by orphaned wells on Federal land, Tribal land, and State and
    private land, including the sharing of best practices in the management
    of oil and gas well inventories to ensure the availability of funds to
    plug, remediate, and restore oil and gas well sites on cessation of
    operation.
        ``(f) Report to Congress.--Not later than 1 year after the date of
    enactment of the Infrastructure Investment and Jobs Act, and not less
    frequently than annually thereafter, the Secretary shall submit to the
    Committees on Appropriations and Energy and Natural Resources of the
    Senate and the Committees on Appropriations and Natural Resources of
    the House of Representatives a report describing the program
    established and grants awarded under this section, including--
            ``(1) an updated inventory of wells located on Federal land,
        Tribal land, and State and private land that are--
                ``(A) orphaned wells; or
                ``(B) at risk of becoming orphaned wells;
            ``(2) an estimate of the quantities of--
                ``(A) methane and other gasses emitted from orphaned wells;
            and
                ``(B) emissions reduced as a result of plugging,
            remediating, and reclaiming orphaned wells;
            ``(3) the number of jobs created and saved through the
        plugging, remediation, and reclamation of orphaned wells; and
            ``(4) the acreage of habitat restored using grants awarded to
        plug, remediate, and reclaim orphaned wells and to remediate or
        reclaim adjacent land, together with a description of the purposes
        for which that land is likely to be used in the future.
        ``(g) Effect of Section.--
            ``(1) No expansion of liability.--Nothing in this section
        establishes or expands the responsibility or liability of any
        entity with respect to--
                ``(A) plugging any well; or
                ``(B) remediating or reclaiming any well site.
            ``(2) Tribal land.--Nothing in this section--
                ``(A) relieves the Secretary of any obligation under
            section 3 of the Act of May 11, 1938 (25 U.S.C. 396c; 52 Stat.
            348, chapter 198), to plug, remediate, or reclaim an orphaned
            well located on Tribal land; or
                ``(B) absolves the United States from a responsibility to
            plug, remediate, or reclaim an orphaned well located on Tribal
            land or any other responsibility to an Indian Tribe, including
            any responsibility that derives from--
                    ``(i) the trust relationship between the United States
                and Indian Tribes;
                    ``(ii) any treaty, law, or Executive order; or
                    ``(iii) any agreement between the United States and an
                Indian Tribe.
            ``(3) Owner or operator not absolved.--Nothing in this section
        absolves the owner or operator of an oil or gas well of any
        potential liability for--
                ``(A) reimbursement of any plugging or reclamation costs
            associated with the well; or
                ``(B) any adverse effect of the well on the environment.
        ``(h) Authorization of Appropriations.--There are authorized to be
    appropriated for fiscal year 2022, to remain available until September
    30, 2030:
            ``(1) to the Secretary--
                ``(A) $250,000,000 to carry out the program under
            subsection (b);
                ``(B) $775,000,000 to provide grants under subsection
            (c)(3);
                ``(C) $2,000,000,000 to provide grants under subsection
            (c)(4);
                ``(D) $1,500,000,000 to provide grants under subsection
            (c)(5); and
                ``(E) $150,000,000 to carry out the program under
            subsection (d);
            ``(2) to the Secretary of Energy, $30,000,000 to conduct
        research and development activities in cooperation with the
        Interstate Oil and Gas Compact Commission to assist the Federal
        land management agencies, States, and Indian Tribes in--
                ``(A) identifying and characterizing undocumented orphaned
            wells; and
                ``(B) mitigating the environmental risks of undocumented
            orphaned wells; and
            ``(3) to the Interstate Oil and Gas Compact Commission,
        $2,000,000 to carry out this section.''.

                   TITLE VII--ABANDONED MINE LAND RECLAMATION

    SEC. 40701. ABANDONED MINE RECLAMATION FUND AUTHORIZATION OF
    APPROPRIATIONS.
        (a) In General.--There is authorized to be appropriated, for
    deposit into the Abandoned Mine Reclamation Fund established by section
    401(a) of the Surface Mining Control and Reclamation Act of 1977 (30
    U.S.C. 1231(a)) $11,293,000,000 for fiscal year 2022, to remain
    available until expended.
        (b) Use of Funds.--
            (1) In general.--Subject to subsection (g), amounts made
        available under subsection (a) shall be used to provide, as
        expeditiously as practicable, to States and Indian Tribes described
        in paragraph (2) annual grants for abandoned mine land and water
        reclamation projects under the Surface Mining Control and
        Reclamation Act of 1977 (30 U.S.C. 1201 et seq.).
            (2) Eligible grant recipients.--Grants may be made under
        paragraph (1) to--
                (A) States and Indian Tribes that have a State or Tribal
            program approved under section 405 of the Surface Mining
            Control and Reclamation Act of 1977 (30 U.S.C. 1235);
                (B) States and Indian Tribes that are certified under
            section 411(a) of that Act (30 U.S.C. 1240a(a)); and
                (C) States and Indian Tribes that are referred to in
            section 402(g)(8)(B) of that Act (30 U.S.C. 1232(g)(8)(B)).
            (3) Contract aggregation.--In applying for grants under
        paragraph (1), States and Indian Tribes may aggregate bids into
        larger statewide or regional contracts.
        (c) Covered Activities.--Grants under subsection (b)(1) shall only
    be used for activities described in subsections (a) and (b) of section
    403 and section 410 of the Surface Mining Control and Reclamation Act
    of 1977 (30 U.S.C. 1233, 1240).
        (d) Allocation.--
            (1) In general.--Subject to subsection (e), the Secretary of
        the Interior shall allocate and distribute amounts made available
        for grants under subsection (b)(1) to States and Indian Tribes on
        an equal annual basis over a 15-year period beginning on the date
        of enactment of this Act, based on the number of tons of coal
        historically produced in the States or from the applicable Indian
        land before August 3, 1977, regardless of whether the State or
        Indian Tribe is certified under section 411(a) of the Surface
        Mining Control and Reclamation Act of 1977 (30 U.S.C. 1240a(a)).
            (2) Surface mining control and reclamation act exception.--
        Section 401(f)(3)(B) of the Surface Mining Control and Reclamation
        Act of 1977 (30 U.S.C. 1231(f)(3)(B)) shall not apply to grant
        funds distributed under subsection (b)(1).
            (3) Report to congress on allocations.--
                (A) In general.--Not later than 6 years after the date on
            which the first allocation to States and Indian Tribes is made
            under paragraph (1), the Secretary of the Interior shall submit
            to Congress a report that describes any progress made under
            this section in addressing outstanding reclamation needs under
            subsection (a) or (b) of section 403 or section 410 of the
            Surface Mining Control and Reclamation and Act of 1977 (30
            U.S.C. 1233, 1240).
                (B) Input.--The Secretary of the Interior shall--
                    (i) prior to submitting the report under subparagraph
                (A), solicit the input of the States and Indian Tribes
                regarding the progress referred to in that subparagraph;
                and
                    (ii) include in the report submitted to Congress under
                that subparagraph a description of any input received under
                clause (i).
            (4) Redistribution of funds.--
                (A) Evaluation.--Not later than 20 years after the date of
            enactment of this Act, the Secretary of the Interior shall
            evaluate grant payments to States and Indian Tribes made under
            this section.
                (B) Unused funds.--On completion of the evaluation under
            subparagraph (A), States and Indian Tribes shall return any
            unused funds under this section to the Abandoned Mine
            Reclamation Fund.
        (e) Total Amount of Grant.--The total amount of grant funding
    provided under subsection (b)(1) to an eligible State or Indian Tribe
    shall be not less than $20,000,000, to the extent that the amount
    needed for reclamation projects described in that subsection on the
    land of the State or Indian Tribe is not less than $20,000,000.
        (f) Priority.--In addition to the priorities described in section
    403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
    U.S.C. 1233(a)), in providing grants under this section, priority may
    also be given to reclamation projects described in subsection (b)(1)
    that provide employment for current and former employees of the coal
    industry.
        (g) Reservation.--Of the funds made available under subsection (a),
    $25,000,000 shall be made available to the Secretary of the Interior to
    provide States and Indian Tribes with the financial and technical
    assistance necessary for the purpose of making amendments to the
    inventory maintained under section 403(c) of the Surface Mining Control
    and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
    SEC. 40702. ABANDONED MINE RECLAMATION FEE.
        (a) Amount.--Section 402(a) of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
            (1) by striking ``28 cents'' and inserting ``22.4 cents'';
            (2) by striking ``12 cents'' and inserting ``9.6 cents''; and
            (3) by striking ``8 cents'' and inserting ``6.4 cents''.
        (b) Duration.--Section 402(b) of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1232(b)) is amended by striking
    ``September 30, 2021'' and inserting ``September 30, 2034''.
    SEC. 40703. AMOUNTS DISTRIBUTED FROM ABANDONED MINE RECLAMATION FUND.
        Section 401(f)(2) of the Surface Mining Control and Reclamation Act
    of 1977 (30 U.S.C. 1231(f)(2)) is amended--
            (1) in subparagraph (A)--
                (A) in the subparagraph heading, by striking ``2022'' and
            inserting ``2035''; and
                (B) in the matter preceding clause (i), by striking
            ``2022'' and inserting ``2035''; and
            (2) in subparagraph (B)--
                (A) in the subparagraph heading, by striking ``2023'' and
            inserting ``2036'';
                (B) by striking ``2023'' and inserting ``2036''; and
                (C) by striking ``2022'' and inserting ``2035''.
    SEC. 40704. ABANDONED HARDROCK MINE RECLAMATION.
        (a) Establishment.--Not later than 90 days after the date of
    enactment of this Act, the Secretary of the Interior (referred to in
    this section as the ``Secretary'') shall establish a program to
    inventory, assess, decommission, reclaim, respond to hazardous
    substance releases on, and remediate abandoned hardrock mine land based
    on conditions including need, public health and safety, potential
    environmental harm, and other land use priorities.
        (b) Award of Grants.--Subject to the availability of funds, the
    Secretary shall provide grants on a competitive or formula basis to
    States and Indian Tribes that have jurisdiction over abandoned hardrock
    mine land to reclaim that land.
        (c) Eligibility.--Amounts made available under this section may
    only be used for Federal, State, Tribal, local, and private land that
    has been affected by past hardrock mining activities, and water
    resources that traverse or are contiguous to such land, including any
    of the following:
            (1) Land and water resources that were--
                (A) used for, or affected by, hardrock mining activities;
            and
                (B) abandoned or left in an inadequate reclamation status
            before the date of enactment of this Act.
            (2) Land for which the Secretary makes a determination that
        there is no continuing reclamation responsibility of a claim
        holder, liable party, operator, or other person that abandoned the
        site prior to completion of required reclamation under Federal or
        State law.
        (d) Eligible Activities.--
            (1) In general.--Amounts made available to carry out this
        section shall be used to inventory, assess, decommission, reclaim,
        respond to hazardous substance releases on, and remediate abandoned
        hardrock mine land based on the priorities described in subsection
        (a).
            (2) Exclusion.--Amounts made available to carry out this
        section may not be used to fulfill obligations under the
        Comprehensive Environmental Response, Compensation, and Liability
        Act of 1980 (42 U.S.C. 9601 et seq.) agreed to in a legal
        settlement or imposed by a court, whether for payment of funds or
        for work to be performed.
        (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $3,000,000,000, to remain available until
        expended, of which--
                (A) 50 percent shall be for grants to States and Indian
            Tribes under subsection (b) for eligible activities described
            in subsection (d)(1); and
                (B) 50 percent shall be for available to the Secretary for
            eligible activities described in subsection (d)(1) on Federal
            land.
            (2) Transfer.--The Secretary may transfer amounts made
        available to the Secretary under paragraph (1)(B) to the Secretary
        of Agriculture for activities described in subsection (a) on
        National Forest System land.

        TITLE VIII--NATURAL RESOURCES-RELATED INFRASTRUCTURE, WILDFIRE
                     MANAGEMENT, AND ECOSYSTEM RESTORATION

    SEC. 40801. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
        (a) Establishment.--Public Law 88-657 (16 U.S.C. 532 et seq.)
    (commonly known as the ``Forest Roads and Trails Act'') is amended by
    adding at the end the following:
    ``SEC. 8. FOREST SERVICE LEGACY ROAD AND TRAIL REMEDIATION PROGRAM.
        ``(a) Establishment.--The Secretary shall establish the Forest
    Service Legacy Road and Trail Remediation Program (referred to in this
    section as the `Program').
        ``(b) Activities.--In carrying out the Program, the Secretary
    shall, taking into account foreseeable changes in weather and
    hydrology--
            ``(1) restore passages for fish and other aquatic species by--
                ``(A) improving, repairing, or replacing culverts and other
            infrastructure; and
                ``(B) removing barriers, as the Secretary determines
            appropriate, from the passages;
            ``(2) decommission unauthorized user-created roads and trails
        that are not a National Forest System road or a National Forest
        System trail, if the applicable unit of the National Forest System
        has published--
                ``(A) a Motor Vehicle Use Map and the road is not
            identified as a National Forest System road on that Motor
            Vehicle Use Map; or
                ``(B) a map depicting the authorized trails in the
            applicable unit of the National Forest System and the trail is
            not identified as a National Forest System trail on that map;
            ``(3) prepare previously closed National Forest System roads
        for long-term storage, in accordance with subsections (c)(1) and
        (d), in a manner that--
                ``(A) prevents motor vehicle use, as appropriate to conform
            to route designations;
                ``(B) prevents the roads from damaging adjacent resources,
            including aquatic and wildlife resources;
                ``(C) reduces or eliminates the need for road maintenance;
            and
                ``(D) preserves the roads for future use;
            ``(4) decommission previously closed National Forest System
        roads and trails in accordance with subsections (c)(1) and (d);
            ``(5) relocate National Forest System roads and trails--
                ``(A) to increase resilience to extreme weather events,
            flooding, and other natural disasters; and
                ``(B) to respond to changing resource conditions and public
            input;
            ``(6) convert National Forest System roads to National Forest
        System trails, while allowing for continued use for motorized and
        nonmotorized recreation, to the extent the use is compatible with
        the management status of the road or trail;
            ``(7) decommission temporary roads--
                ``(A) that were constructed before the date of enactment of
            this section--
                    ``(i) for emergency operations; or
                    ``(ii) to facilitate a resource extraction project;
                ``(B) that were designated as a temporary road by the
            Secretary; and
                ``(C)(i) in violation of section 10(b) of the Forest and
            Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
            1608(b)), on which vegetation cover has not been reestablished;
            or
                ``(ii) that have not been fully decommissioned; and
            ``(8) carry out projects on National Forest System roads,
        trails, and bridges to improve resilience to extreme weather
        events, flooding, or other natural disasters.
        ``(c) Project Selection.--
            ``(1) Project eligibility.--
                ``(A) In general.--The Secretary may only fund under the
            Program a project described in paragraph (3) or (4) of
            subsection (b) if the Secretary previously and separately--
                    ``(i) solicited public comment for changing the
                management status of the applicable National Forest System
                road or trail--

                        ``(I) to close the road or trail to access; and
                        ``(II) to minimize impacts to natural resources;
                    and

                    ``(ii) has closed the road or trail to access as
                described in clause (i)(I).
                ``(B) Requirement.--Each project carried out under the
            Program shall be on a National Forest System road or trail,
            except with respect to--
                    ``(i) a project described in subsection (b)(2); or
                    ``(ii) a project carried out on a watershed for which
                the Secretary has entered into a cooperative agreement
                under section 323 of the Department of the Interior and
                Related Agencies Appropriations Act, 1999 (16 U.S.C.
                1011a).
            ``(2) Annual selection of projects for funding.--The Secretary
        shall--
                ``(A) establish a process for annually selecting projects
            for funding under the Program, consistent with the requirements
            of this section;
                ``(B) solicit and consider public input regionally in the
            ranking of projects for funding under the Program;
                ``(C) give priority for funding under the Program to
            projects that would--
                    ``(i) protect or improve water quality in public
                drinking water source areas;
                    ``(ii) restore the habitat of a threatened, endangered,
                or sensitive fish or wildlife species; or
                    ``(iii) maintain future access to the adjacent area for
                the public, contractors, permittees, or firefighters; and
                ``(D) publish on the website of the Forest Service--
                    ``(i) the selection process established under
                subparagraph (A); and
                    ``(ii) a list that includes a description and the
                proposed outcome of each project funded under the Program
                in each fiscal year.
        ``(d) Implementation.--In implementing the Program, the Secretary
    shall ensure that--
            ``(1) the system of roads and trails on the applicable unit of
        the National Forest System--
                ``(A) is adequate to meet any increasing demands for
            timber, recreation, and other uses;
                ``(B) provides for intensive use, protection, development,
            and management of the land under principles of multiple use and
            sustained yield of products and services;
                ``(C) does not damage, degrade, or impair adjacent
            resources, including aquatic and wildlife resources, to the
            extent practicable;
                ``(D) reflects long-term funding expectations; and
                ``(E) is adequate for supporting emergency operations, such
            as evacuation routes during wildfires, floods, and other
            natural disasters; and
            ``(2) all projects funded under the Program are consistent with
        any applicable forest plan or travel management plan.
        ``(e) Savings Clause.--A decision to fund a project under the
    Program shall not affect any determination made previously or to be
    made in the future by the Secretary with regard to road or trail
    closures.''.
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of Agriculture to carry out section 8 of
    Public Law 88-657 (commonly known as the ``Forest Roads and Trails
    Act'') $250,000,000 for the period of fiscal years 2022 through 2026.
    SEC. 40802. STUDY AND REPORT ON FEASIBILITY OF REVEGETATING RECLAIMED
    MINE SITES.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, the Secretary of the Interior, acting through the Director
    of the Office of Surface Mining Reclamation and Enforcement, shall
    conduct, and submit to Congress a report describing the results of, a
    study on the feasibility of revegetating reclaimed mined sites.
        (b) Inclusions.--The report submitted under subsection (a) shall
    include--
            (1) recommendations for how a program could be implemented
        through the Office of Surface Mining Reclamation and Enforcement to
        revegetate reclaimed mined sites;
            (2) identifications of reclaimed mine sites that would be
        suitable for inclusion in such a program, including sites on land
        that--
                (A) is subject to title IV of the Surface Mining Control
            and Reclamation Act of 1977 (30 U.S.C. 1231 et seq.); and
                (B) is not subject to that title;
            (3) a description of any barriers to implementation of such a
        program, including whether the program would potentially interfere
        with the authorities contained in, or the implementation of, the
        Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201
        et seq.), including the Abandoned Mine Reclamation Fund created by
        section 401 of that Act (30 U.S.C. 1231) and State reclamation
        programs under section 405 of that Act (30 U.S.C. 1235); and
            (4) a description of the potential for job creation and
        workforce needs if such a program was implemented.
    SEC. 40803. WILDFIRE RISK REDUCTION.
        (a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior and the Secretary of
    Agriculture, acting through the Chief of the Forest Service, for the
    activities described in subsection (c), $3,369,200,000 for the period
    of fiscal years 2022 through 2026.
        (b) Treatment.--Of the Federal land or Indian forest land or
    rangeland that has been identified as having a very high wildfire
    hazard potential, the Secretary of the Interior and the Secretary of
    Agriculture, acting through the Chief of the Forest Service, shall, by
    not later than September 30, 2027, conduct restoration treatments and
    improve the Fire Regime Condition Class of 10,000,000 acres that are
    located in--
            (1) the wildland-urban interface; or
            (2) a public drinking water source area.
        (c) Activities.--Of the amounts made available under subsection (a)
    for the period of fiscal years 2022 through 2026--
            (1) $20,000,000 shall be made available for entering into an
        agreement with the Administrator of the National Oceanic and
        Atmospheric Administration to establish and operate a program that
        makes use of the Geostationary Operational Environmental Satellite
        Program to rapidly detect and report wildfire starts in all areas
        in which the Secretary of the Interior or the Secretary of
        Agriculture has financial responsibility for wildland fire
        protection and prevention, of which--
                (A) $10,000,000 shall be made available to the Secretary of
            the Interior; and
                (B) $10,000,000 shall be made available to the Secretary of
            Agriculture;
            (2) $600,000,000 shall be made available for the salaries and
        expenses of Federal wildland firefighters in accordance with
        subsection (d), of which--
                (A) $120,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $480,000,000 shall be made available to the Secretary
            of Agriculture;
            (3) $10,000,000 shall be made available to the Secretary of the
        Interior to acquire technology and infrastructure for each Type I
        and Type II incident management team to maintain interoperability
        with respect to the radio frequencies used by any responding
        agency;
            (4) $30,000,000 shall be made available to the Secretary of
        Agriculture to provide financial assistance to States, Indian
        Tribes, and units of local government to establish and operate
        Reverse-911 telecommunication systems;
            (5) $50,000,000 shall be made available to the Secretary of the
        Interior to establish and implement a pilot program to provide to
        local governments financial assistance for the acquisition of slip-
        on tanker units to establish fleets of vehicles that can be quickly
        converted to be operated as fire engines;
            (6) $1,200,000 shall be made available to the Secretary of
        Agriculture, in coordination with the Secretary of the Interior, to
        develop and publish, not later than 180 days after the date of
        enactment of this Act, and every 5 years thereafter, a map
        depicting at-risk communities (as defined in section 101 of the
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511)),
        including Tribal at-risk communities;
            (7) $100,000,000 shall be made available to the Secretary of
        the Interior and the Secretary of Agriculture--
                (A) for--
                    (i) preplanning fire response workshops that develop--

                        (I) potential operational delineations; and
                        (II) select potential control locations; and

                    (ii) workforce training for staff, non-Federal
                firefighters, and Native village fire crews for--

                        (I) wildland firefighting; and
                        (II) increasing the pace and scale of vegetation
                    treatments, including training on how to prepare and
                    implement large landscape treatments; and

                (B) of which--
                    (i) $50,000,000 shall be made available to the
                Secretary of the Interior; and
                    (ii) $50,000,000 shall be made available to the
                Secretary of Agriculture;
            (8) $20,000,000 shall be made available to the Secretary of
        Agriculture to enter into an agreement with a Southwest Ecological
        Restoration Institute established under the Southwest Forest Health
        and Wildfire Prevention Act of 2004 (16 U.S.C. 6701 et seq.)--
                (A) to compile and display existing data, including
            geographic data, for hazardous fuel reduction or wildfire
            prevention treatments undertaken by the Secretary of the
            Interior or the Secretary of Agriculture, including treatments
            undertaken with funding provided under this title;
                (B) to compile and display existing data, including
            geographic data, for large wildfires, as defined by the
            National Wildfire Coordinating Group, that occur in the United
            States;
                (C) to facilitate coordination and use of existing and
            future interagency fuel treatment data, including geographic
            data, for the purposes of--
                    (i) assessing and planning cross-boundary fuel
                treatments; and
                    (ii) monitoring the effects of treatments on wildfire
                outcomes and ecosystem restoration services, using the data
                compiled under subparagraphs (A) and (B);
                (D) to publish a report every 5 years showing the extent to
            which treatments described in subparagraph (A) and previous
            wildfires affect the boundaries of wildfires, categorized by--
                    (i) Federal land management agency;
                    (ii) region of the United States; and
                    (iii) treatment type; and
                (E) to carry out other related activities of a Southwest
            Ecological Restoration Institute, as authorized by the
            Southwest Forest Health and Wildfire Prevention Act of 2004 (16
            U.S.C. 6701 et seq.);
            (9) $20,000,000 shall be available for activities conducted
        under the Joint Fire Science Program, of which--
                (A) $10,000,000 shall be made available to the Secretary of
            the Interior; and
                (B) $10,000,000 shall be made available to the Secretary of
            Agriculture;
            (10) $100,000,000 shall be made available to the Secretary of
        Agriculture for collaboration and collaboration-based activities,
        including facilitation, certification of collaboratives, and
        planning and implementing projects under the Collaborative Forest
        Landscape Restoration Program established under section 4003 of the
        Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303) in
        accordance with subsection (e);
            (11) $500,000,000 shall be made available to the Secretary of
        the Interior and the Secretary of Agriculture--
                (A) for--
                    (i) conducting mechanical thinning and timber
                harvesting in an ecologically appropriate manner that
                maximizes the retention of large trees, as appropriate for
                the forest type, to the extent that the trees promote fire-
                resilient stands; or
                    (ii) precommercial thinning in young growth stands for
                wildlife habitat benefits to provide subsistence resources;
                and
                (B) of which--
                    (i) $100,000,000 shall be made available to the
                Secretary of the Interior; and
                    (ii) $400,000,000 shall be made available to the
                Secretary of Agriculture;
            (12) $500,000,000 shall be made available to the Secretary of
        Agriculture, in cooperation with States, to award community
        wildfire defense grants to at-risk communities in accordance with
        subsection (f);
            (13) $500,000,000 shall be made available for planning and
        conducting prescribed fires and related activities, of which--
                (A) $250,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $250,000,000 shall be made available to the Secretary
            of Agriculture;
            (14) $500,000,000 shall be made available for developing or
        improving potential control locations, in accordance with paragraph
        (7)(A)(i)(II), including installing fuelbreaks (including
        fuelbreaks studied under subsection (i)), with a focus on shaded
        fuelbreaks when ecologically appropriate, of which--
                (A) $250,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $250,000,000 shall be made available to the Secretary
            of Agriculture;
            (15) $200,000,000 shall be made available for contracting or
        employing crews of laborers to modify and remove flammable
        vegetation on Federal land and for using materials from treatments,
        to the extent practicable, to produce biochar and other innovative
        wood products, including through the use of existing locally based
        organizations that engage young adults, Native youth, and veterans
        in service projects, such as youth and conservation corps, of
        which--
                (A) $100,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $100,000,000 shall be made available to the Secretary
            of Agriculture;
            (16) $200,000,000 shall be made available for post-fire
        restoration activities that are implemented not later than 3 years
        after the date that a wildland fire is contained, of which--
                (A) $100,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $100,000,000 shall be made available to the Secretary
            of Agriculture;
            (17) $8,000,000 shall be made available to the Secretary of
        Agriculture--
                (A) to provide feedstock to firewood banks; and
                (B) to provide financial assistance for the operation of
            firewood banks; and
            (18) $10,000,000 shall be available to the Secretary of the
        Interior and the Secretary of Agriculture for the procurement and
        placement of wildfire detection and real-time monitoring equipment,
        such as sensors, cameras, and other relevant equipment, in areas at
        risk of wildfire or post-burned areas.
        (d) Wildland Firefighters.--
            (1) In general.--Subject to the availability of appropriations,
        not later than 180 days after the date of enactment of this Act,
        the Secretary of the Interior and the Secretary of Agriculture
        shall, using the amounts made available under subsection (c)(2),
        coordinate with the Director of the Office of Personnel Management
        to develop a distinct ``wildland firefighter'' occupational series.
            (2) Hazardous duty differential not affected.--Section
        5545(d)(1) of title 5, United States Code, is amended by striking
        ``except'' and all that follows through ``and'' at the end and
        inserting the following: ``except--
                ``(A) an employee in an occupational series covering
            positions for which the primary duties involve the prevention,
            control, suppression, or management of wildland fires, as
            determined by the Office; and
                ``(B) in such other circumstances as the Office may by
            regulation prescribe; and''.
            (3) Current employees.--Any individual employed as a wildland
        firefighter on the date on which the occupational series
        established under paragraph (1) takes effect may elect--
                (A) to remain in the occupational series in which the
            individual is employed; or
                (B) to be included in the ``wildland firefighter''
            occupational series established under that paragraph.
            (4) Permanent employees; increase in salary.--Using the amounts
        made available under subsection (c)(2), beginning October 1, 2021,
        the Secretary of the Interior and the Secretary of Agriculture
        shall--
                (A) seek to convert not fewer than 1,000 seasonal wildland
            firefighters to wildland firefighters that--
                    (i) are full-time, permanent, year-round Federal
                employees; and
                    (ii) reduce hazardous fuels on Federal land not fewer
                than 800 hours per year; and
                (B) increase the base salary of a Federal wildland
            firefighter by the lesser of an amount that is commensurate
            with an increase of $20,000 per year or an amount equal to 50
            percent of the base salary, if the Secretary concerned, in
            coordination with the Director of the Office of Personnel
            Management, makes a written determination that the position of
            the Federal wildland firefighter is located within a specified
            geographic area in which it is difficult to recruit or retain a
            Federal wildland firefighter.
            (5) National wildfire coordinating group.--Using the amounts
        made available under subsection (c)(2), not later than October 1,
        2022, the Secretary of the Interior and the Secretary of
        Agriculture shall--
                (A) develop and adhere to recommendations for mitigation
            strategies for wildland firefighters to minimize exposure due
            to line-of-duty environmental hazards; and
                (B) establish programs for permanent, temporary, seasonal,
            and year-round wildland firefighters to recognize and address
            mental health needs, including post-traumatic stress disorder
            care.
        (e) Collaborative Forest Landscape Restoration Program.--Subject to
    the availability of appropriations, not later than 180 days after the
    date of enactment of this Act, the Secretary of Agriculture shall,
    using the amounts made available under subsection (c)(10)--
            (1) solicit new project proposals under the Collaborative
        Forest Landscape Restoration Program established under section 4003
        of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303)
        (referred to in this subsection as the ``Program'');
            (2) provide up to 5 years of additional funding of any proposal
        originally selected for funding under the Program prior to
        September 30, 2018--
                (A) that has been approved for an extension of funding by
            the Secretary of Agriculture prior to the date of enactment of
            this Act; or
                (B) that has been recommended for an extension of funding
            by the advisory panel established under section 4003(e) of the
            Omnibus Public Land Management Act of 2009 (16 U.S.C. 7303(e))
            prior to the date of enactment of this Act that the Secretary
            of Agriculture subsequently approves; and
            (3) select project proposals for funding under the Program in a
        manner that--
                (A) gives priority to a project proposal that will treat
            acres that--
                    (i) have been identified as having very high wildfire
                hazard potential; and
                    (ii) are located in--

                        (I) the wildland-urban interface; or
                        (II) a public drinking water source area;

                (B) takes into consideration--
                    (i) the cost per acre of Federal land or Indian forest
                land or rangeland acres described in subparagraph (A) to be
                treated; and
                    (ii) the number of acres described in subparagraph (A)
                to be treated;
                (C) gives priority to a project proposal that is proposed
            by a collaborative that has successfully accomplished
            treatments consistent with a written plan that included a
            proposed schedule of completing those treatments, which is not
            limited to an earlier proposal funded under the Program; and
                (D) discontinues funding for a project that fails to
            achieve the results included in a project proposal submitted
            under paragraph (1) for more than 2 consecutive years.
        (f) Community Wildfire Defense Grant Program.--
            (1) Establishment.--Subject to the availability of
        appropriations, not later than 180 days after the date of enactment
        of this Act, the Secretary of Agriculture shall, using amounts made
        available under subsection (c)(12), establish a program, which
        shall be separate from the program established under section 203 of
        the Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5133), under which the Secretary of Agriculture, in
        cooperation with the States, shall award grants to at-risk
        communities, including Indian Tribes--
                (A) to develop or revise a community wildfire protection
            plan; and
                (B) to carry out projects described in a community wildfire
            protection plan that is not more than 10 years old.
            (2) Priority.--In awarding grants under the program described
        in paragraph (1), the Secretary of Agriculture shall give priority
        to an at-risk community that is--
                (A) in an area identified by the Secretary of Agriculture
            as having high or very high wildfire hazard potential;
                (B) a low-income community; or
                (C) a community impacted by a severe disaster.
            (3) Community wildfire defense grants.--
                (A) Grant amounts.--A grant--
                    (i) awarded under paragraph (1)(A) shall be for not
                more than $250,000; and
                    (ii) awarded under paragraph (1)(B) shall be for not
                more than $10,000,000.
                (B) Cost sharing requirement.--
                    (i) In general.--Except as provided in clause (ii), the
                non-Federal cost (including the administrative cost) of
                carrying out a project using funds from a grant awarded
                under the program described in paragraph (1) shall be--

                        (I) not less than 10 percent for a grant awarded
                    under paragraph (1)(A); and
                        (II) not less than 25 percent for a grant awarded
                    under paragraph (1)(B).

                    (ii) Waiver.--The Secretary of Agriculture may waive
                the cost-sharing requirement under clause (i) for a project
                that serves an underserved community.
                (C) Eligibility.--The Secretary of Agriculture shall not
            award a grant under paragraph (1) to an at-risk community that
            is located in a county or community that--
                    (i) is located in the continental United States; and
                    (ii) has not adopted an ordinance or regulation that
                requires the construction of new roofs on buildings to
                adhere to standards that are similar to, or more stringent
                than--

                        (I) the roof construction standards established by
                    the National Fire Protection Association; or
                        (II) an applicable model building code established
                    by the International Code Council.

        (g) Priorities.--In carrying out projects using amounts made
    available under this section, the Secretary of the Interior or the
    Secretary of Agriculture, acting through the Chief of the Forest
    Service, as applicable, shall prioritize funding for projects--
            (1) for which any applicable processes under the National
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been
        completed on the date of enactment of this Act;
            (2) that reduce the likelihood of experiencing
        uncharacteristically severe effects from a potential wildfire by
        focusing on areas strategically important for reducing the risks
        associated with wildfires;
            (3) that maximize the retention of large trees, as appropriate
        for the forest type, to the extent that the trees promote fire-
        resilient stands;
            (4) that do not include the establishment of permanent roads;
            (5) for which funding would be committed to decommission all
        temporary roads constructed to carry out the project; and
            (6) that fully maintain or contribute toward the restoration of
        the structure and composition of old growth stands consistent with
        the characteristics of that forest type, taking into account the
        contribution of the old growth stand to landscape fire adaption and
        watershed health, unless the old growth stand is part of a science-
        based ecological restoration project authorized by the Secretary
        concerned that meets applicable protection and old growth
        enhancement objectives, as determined by the Secretary concerned.
        (h) Reports.-- The Secretary of the Interior and the Secretary of
    Agriculture, acting through the Chief of the Forest Service, shall
    complete and submit to the Committee on Energy and Natural Resources of
    the Senate and the Committee on Natural Resources of the House of
    Representatives an annual report describing the number of acres of land
    on which projects carried out using funds made available under this
    section improved the Fire Regime Condition Class of the land described
    in subsection (b).
        (i) Wildfire Prevention Study.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary of Agriculture shall initiate
        a study of the construction and maintenance of a system of
        strategically placed fuelbreaks to control wildfires in western
        States.
            (2) Review.--The study under paragraph (1) shall review--
                (A) a full suite of manual, chemical, and mechanical
            treatments; and
                (B) the effectiveness of the system described in that
            paragraph in reducing wildfire risk and protecting communities.
            (3) Determination.--Not later than 90 days after the date of
        completion of the study under paragraph (1), the Secretary of
        Agriculture shall determine whether to initiate the preparation of
        a programmatic environmental impact statement implementing the
        system described in that paragraph in appropriate locations.
        (j) Monitoring, Maintenance, and Treatment Plan and Strategy.--
            (1) In general.--Not later than 120 days after the date of
        enactment of this Act, the Secretary of Agriculture and the
        Secretary of the Interior shall establish a 5-year monitoring,
        maintenance, and treatment plan that--
                (A) describes activities under subsection (c) that the
            Secretary of Agriculture and the Secretary of the Interior will
            take to reduce the risk of wildfire by conducting restoration
            treatments and improving the Fire Regime Condition Class of
            10,000,000 acres of Federal land or Tribal Forest land or
            rangeland that is identified as having very high wildfire
            hazard potential, not including annual treatments otherwise
            scheduled;
                (B) establishes a process for prioritizing treatments in
            areas and communities at the highest risk of catastrophic
            wildfires;
                (C) includes an innovative plan and process--
                    (i) to leverage public-private partnerships and
                resources, shared stewardship agreements, good neighbor
                agreements, and similar contracting authorities;
                    (ii) to prioritize projects for which any applicable
                processes under the National Environmental Policy Act of
                1969 (42 U.S.C. 4321 et seq.) have been completed as of the
                date of enactment of this Act;
                    (iii) to streamline subsequent projects based on
                existing statutory or regulatory authorities; and
                    (iv) to develop interagency teams to increase
                coordination and efficiency under the National
                Environmental Policy Act of 1969 (42 U.S.C. 4321); and
                (D) establishes a process for coordinating prioritization
            and treatment with State and local entities and affected
            stakeholders.
            (2) Strategy.--Not later than 5 years after the date of
        enactment of this Act, the Secretary of Agriculture and the
        Secretary of the Interior, in coordination with State and local
        governments, shall publish a long-term, outcome-based monitoring,
        maintenance, and treatment strategy--
                (A) to maintain forest health improvements and wildfire
            risk reduction accomplished under this section;
                (B) to continue treatment at levels necessary to address
            the 20,000,000 acres needing priority treatment over the 10-
            year period beginning on the date of publication of the
            strategy; and
                (C) to proactively conduct treatment at a level necessary
            to minimize the risk of wildfire to surrounding at-risk
            communities.
        (k) Authorized Hazardous Fuels Projects.--A project carried out
    using funding authorized under paragraphs (11)(A)(i), (13), or (14) of
    subsection (c) shall be considered an authorized hazardous fuel
    reduction project pursuant to section 102 of the Healthy Forests
    Restoration Act of 2003 (16 U.S.C. 6512).
    SEC. 40804. ECOSYSTEM RESTORATION.
        (a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior and the Secretary of
    Agriculture, acting through the Chief of the Forest Service, for the
    activities described in subsection (b), $2,130,000,000 for the period
    of fiscal years 2022 through 2026.
        (b) Activities.--Of the amounts made available under subsection (a)
    for the period of fiscal years 2022 through 2026--
            (1) $300,000,000 shall be made available, in accordance with
        subsection (c), to the Secretary of the Interior and the Secretary
        of Agriculture--
                (A) for--
                    (i) entering into contracts, including stewardship
                contracts or agreements, the purpose of each of which shall
                be to restore ecological health on not fewer than 10,000
                acres of Federal land, including Indian forest land or
                rangeland, and for salaries and expenses associated with
                preparing and executing those contracts; and
                    (ii) establishing a Working Capital Fund that may be
                accessed by the Secretary of the Interior or the Secretary
                of Agriculture to fund requirements of contracts described
                in clause (i), including cancellation and termination
                costs, consistent with section 604(h) of the Healthy
                Forests Restoration Act of 2003 (16 U.S.C. 6591c(h)), and
                periodic payments over the span of the contract period; and
                (B) of which--
                    (i) $50,000,000 shall be made available to the
                Secretary of the Interior to enter into contracts described
                in subparagraph (A)(i);
                    (ii) $150,000,000 shall be made available to the
                Secretary of Agriculture to enter into contracts described
                in subparagraph (A)(i); and
                    (iii) $100,000,000 shall be made available until
                expended to the Secretary of the Interior, notwithstanding
                any other provision of this Act, to establish the Working
                Capital Fund described in subparagraph (A)(ii);
            (2) $200,000,000 shall be made available to provide to States
        and Indian Tribes for implementing restoration projects on Federal
        land pursuant to good neighbor agreements entered into under
        section 8206 of the Agricultural Act of 2014 (16 U.S.C. 2113a) or
        agreements entered into under section 2(b) of the Tribal Forest
        Protection Act of 2004 (25 U.S.C. 3115a(b)), of which--
                (A) $40,000,000 shall be made available to the Secretary of
            the Interior; and
                (B) $160,000,000 shall be made available to the Secretary
            of Agriculture;
            (3) $400,000,000 shall be made available to the Secretary of
        Agriculture to provide financial assistance to facilities that
        purchase and process byproducts from ecosystem restoration projects
        in accordance with subsection (d);
            (4) $400,000,000 shall be made available to the Secretary of
        the Interior to provide grants to States, territories of the United
        States, and Indian Tribes for implementing voluntary ecosystem
        restoration projects on private or public land, in consultation
        with the Secretary of Agriculture, that--
                (A) prioritizes funding cross-boundary projects; and
                (B) requires matching funding from the State, territory of
            the United States, or Indian Tribe to be eligible to receive
            the funding;
            (5) $50,000,000 shall be made available to the Secretary of
        Agriculture to award grants to States and Indian Tribes to
        establish rental programs for portable skidder bridges, bridge
        mats, or other temporary water crossing structures, to minimize
        stream bed disturbance on non-Federal land and Federal land;
            (6) $200,000,000 shall be made available for invasive species
        detection, prevention, and eradication, including conducting
        research and providing resources to facilitate detection of
        invasive species at points of entry and awarding grants for
        eradication of invasive species on non-Federal land and on Federal
        land, of which--
                (A) $100,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $100,000,000 shall be made available to the Secretary
            of Agriculture;
            (7) $100,000,000 shall be made available to restore, prepare,
        or adapt recreation sites on Federal land, including Indian forest
        land or rangeland, in accordance with subsection (e);
            (8) $200,000,000 shall be made available to restore native
        vegetation and mitigate environmental hazards on mined land on
        Federal and non-Federal land, of which--
                (A) $100,000,000 shall be made available to the Secretary
            of the Interior; and
                (B) $100,000,000 shall be made available to the Secretary
            of Agriculture;
            (9) $200,000,000 shall be made available to establish and
        implement a national revegetation effort on Federal and non-Federal
        land, including to implement the National Seed Strategy for
        Rehabilitation and Restoration, of which--
                (A) $70,000,000 shall be made available to the Secretary of
            the Interior; and
                (B) $130,000,000 shall be made available to the Secretary
            of Agriculture; and
            (10) $80,000,000 shall be made available to the Secretary of
        Agriculture, in coordination with the Secretary of the Interior, to
        establish a collaborative-based, landscape-scale restoration
        program to restore water quality or fish passage on Federal land,
        including Indian forest land or rangeland, in accordance with
        subsection (f).
        (c) Ecological Health Restoration Contracts.--
            (1) Submission of list of projects to congress.--Until the date
        on which all of the amounts made available to carry out subsection
        (b)(1)(A)(i) are expended, not later than 90 days before the end of
        each fiscal year, the Secretary of the Interior and the Secretary
        of Agriculture shall submit to the Committee on Energy and Natural
        Resources and the Committee on Appropriations of the Senate and the
        Committee on Natural Resources and the Committee on Appropriations
        of the House of Representatives a list of projects to be funded
        under that subsection in the subsequent fiscal year, including--
                (A) a detailed description of each project; and
                (B) an estimate of the cost, including salaries and
            expenses, for the project.
            (2) Alternate allocation.--Appropriations Acts may provide for
        alternate allocation of amounts made available under subsection
        (b)(1), consistent with the allocations under subparagraph (B) of
        that subsection.
            (3) Lack of alternate allocations.--If Congress has not enacted
        legislation establishing alternate allocations described in
        paragraph (2) by the date on which the Act making full-year
        appropriations for the Department of the Interior, Environment, and
        Related Agencies for the applicable fiscal year is enacted into
        law, amounts made available under subsection (b)(1)(B) shall be
        allocated by the President.
        (d) Wood Products Infrastructure.--The Secretary of Agriculture, in
    coordination with the Secretary of the Interior, shall--
            (1) develop a ranking system that categorizes units of Federal
        land, including Indian forest land or rangeland, with regard to
        treating areas at risk of unnaturally severe wildfire or insect or
        disease infestation, as being--
                (A) very low priority for ecological restoration involving
            vegetation removal;
                (B) low priority for ecological restoration involving
            vegetation removal;
                (C) medium priority for ecological restoration involving
            vegetation removal;
                (D) high priority for ecological restoration involving
            vegetation removal; or
                (E) very high priority for ecological restoration involving
            vegetation removal;
            (2) determine, for a unit identified under paragraph (1) as
        being high or very high priority for ecological restoration
        involving vegetation removal, if--
                (A) a sawmill or other wood-processing facility exists in
            close proximity to, or a forest worker is seeking to conduct
            restoration treatment work on or in close proximity to, the
            unit; and
                (B) the presence of a sawmill or other wood-processing
            facility would substantially decrease or does substantially
            decrease the cost of conducting ecological restoration projects
            involving vegetation removal;
            (3) in accordance with any conditions the Secretary of
        Agriculture determines to be necessary, using the amounts made
        available under subsection (b)(3), provide financial assistance,
        including a low-interest loan or a loan guarantee, to an entity
        seeking to establish, reopen, retrofit, expand, or improve a
        sawmill or other wood-processing facility in close proximity to a
        unit of Federal land that has been identified under paragraph (1)
        as high or very high priority for ecological restoration, if the
        presence of a sawmill or other wood-processing facility would
        substantially decrease or does substantially decrease the cost of
        conducting ecological restoration projects involving vegetation
        removal on the unit of Federal land, including Indian forest land
        or rangeland, as determined under paragraph (2)(B); and
            (4) to the extent practicable, when allocating funding to units
        of Federal land for ecological restoration projects involving
        vegetation removal, give priority to a unit of Federal land that--
                (A) has been identified under paragraph (1) as being high
            or very high priority for ecological restoration involving
            vegetation removal; and
                (B) has a sawmill or other wood-processing facility--
                    (i) that, as determined under paragraph (2)--

                        (I) exists in close proximity to the unit; and
                        (II) does substantially decrease the cost of
                    conducting ecological restoration projects involving
                    vegetation removal on the unit; or

                    (ii) that has received financial assistance under
                paragraph (3).
        (e) Recreation Sites.--
            (1) Site restoration and improvements.--Of the amounts made
        available under subsection (b)(7), $45,000,000 shall be made
        available to the Secretary of the Interior and $35,000,000 shall be
        made available the Secretary of Agriculture to restore, prepare, or
        adapt recreation sites on Federal land, including Indian forest
        land or rangeland, that have experienced or may likely experience
        visitation and use beyond the carrying capacity of the sites.
            (2) Public use recreation cabins.--
                (A) In general.--Of the amounts made available under
            subsection (b)(7), $20,000,000 shall be made available to the
            Secretary of Agriculture for--
                    (i) the operation, repair, reconstruction, and
                construction of public use recreation cabins on National
                Forest System land; and
                    (ii) to the extent necessary, the repair or
                reconstruction of historic buildings that are to be
                outleased under section 306121 of title 54, United States
                Code.
                (B) Inclusion.--Of the amount described in subparagraph
            (A), $5,000,000 shall be made available to the Secretary of
            Agriculture for associated salaries and expenses in carrying
            out that subparagraph.
                (C) Agreements.--The Secretary of Agriculture may enter
            into a lease or cooperative agreement with a State, Indian
            Tribe, local government, or private entity--
                    (i) to carry out the activities described in
                subparagraph (A); or
                    (ii) to manage the renting of a cabin or building
                described in subparagraph (A) to the public.
            (3) Exclusion.--A project shall not be eligible for funding
        under this subsection if--
                (A) funding for the project would be used for deferred
            maintenance, as defined by Federal Accounting Standards
            Advisory Board; and
                (B) the Secretary of the Interior or the Secretary of
            Agriculture has identified the project for funding from the
            National Parks and Public Land Legacy Restoration Fund
            established by section 200402(a) of title 54, United States
            Code.
        (f) Collaborative-based, Aquatic-focused, Landscape-scale
    Restoration Program.--Subject to the availability of appropriations,
    not later than 180 days after the date of enactment of this Act, the
    Secretary of Agriculture shall, in coordination with the Secretary of
    the Interior and using the amounts made available under subsection
    (b)(10)--
            (1) solicit collaboratively developed proposals that--
                (A) are for 5-year projects to restore fish passage or
            water quality on Federal land and non-Federal land to the
            extent allowed under section 323(a) of the Department of the
            Interior and Related Agencies Appropriations Act, 1999 (16
            U.S.C. 1011a(a)), including Indian forest land or rangeland;
                (B) contain proposed accomplishments and proposed non-
            Federal funding; and
                (C) request not more than $5,000,000 in funding made
            available under subsection (b)(10);
            (2) select project proposals for funding in a manner that--
                (A) gives priority to a project proposal that would result
            in the most miles of streams being restored for the lowest
            amount of Federal funding; and
                (B) discontinues funding for a project that fails to
            achieve the results included in a proposal submitted under
            paragraph (1) for more than 2 consecutive years; and
            (3) publish a list of--
                (A) all of the priority watersheds on National Forest
            System land;
                (B) the condition of each priority watershed on the date of
            enactment of this Act; and
                (C) the condition of each priority watershed on the date
            that is 5 years after the date of enactment of this Act.
    SEC. 40805. GAO STUDY.
        (a) Study.--Not later than 6 years after the date of enactment of
    this Act, the Comptroller General of the United States shall--
            (1) conduct a study on the implementation of this title and the
        amendments made by this title, including whether this title and the
        amendments made by this title have--
                (A) effectively reduced wildfire risk, including the extent
            to which the wildfire hazard on Federal land has changed; and
                (B) restored ecosystems on Federal and non-Federal land;
            and
            (2) submit to Congress a report that describes the results of
        the study under paragraph (1).
        (b) Authorization of Appropriations.--There is authorized to be
    appropriated to the Comptroller General of the Unites States for the
    activities described in subsection (a) $800,000.
    SEC. 40806. ESTABLISHMENT OF FUEL BREAKS IN FORESTS AND OTHER WILDLAND
    VEGETATION.
        (a) Definition of Secretary Concerned.--In this section, the term
    ``Secretary concerned'' means--
            (1) the Secretary of Agriculture, with respect to National
        Forest System land; and
            (2) the Secretary of the Interior, with respect to public lands
        (as defined in section 103 of the Federal Land Policy and
        Management Act of 1976 (43 U.S.C. 1702)) administered by the Bureau
        of Land Management.
        (b) Categorical Exclusion Established.--Forest management
    activities described in subsection (c) are a category of actions
    designated as being categorically excluded from the preparation of an
    environmental assessment or an environmental impact statement under the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) if
    the categorical exclusion is documented through a supporting record and
    decision memorandum.
        (c) Forest Management Activities Designated for Categorical
    Exclusion.--
            (1) In general.--The category of forest management activities
        designated under subsection (b) for a categorical exclusion are
        forest management activities described in paragraph (2) that are
        carried out by the Secretary concerned on public lands (as defined
        in section 103 of the Federal Land Policy and Management Act of
        1976 (43 U.S.C. 1702)) administered by the Bureau of Land
        Management or National Forest System land the primary purpose of
        which is to establish and maintain linear fuel breaks that are--
                (A) up to 1,000 feet in width contiguous with or
            incorporating existing linear features, such as roads, water
            infrastructure, transmission and distribution lines, and
            pipelines of any length on Federal land; and
                (B) intended to reduce the risk of uncharacteristic
            wildfire on Federal land or catastrophic wildfire for an
            adjacent at-risk community.
            (2) Activities.--Subject to paragraph (3), the forest
        management activities that may be carried out pursuant to the
        categorical exclusion established under subsection (b) are--
                (A) mowing or masticating;
                (B) thinning by manual and mechanical cutting;
                (C) piling, yarding, and removal of slash or hazardous
            fuels;
                (D) selling of vegetation products, including timber,
            firewood, biomass, slash, and fenceposts;
                (E) targeted grazing;
                (F) application of--
                    (i) pesticide;
                    (ii) biopesticide; or
                    (iii) herbicide;
                (G) seeding of native species;
                (H) controlled burns and broadcast burning; and
                (I) burning of piles, including jackpot piles.
            (3) Excluded activities.--A forest management activity
        described in paragraph (2) may not be carried out pursuant to the
        categorical exclusion established under subsection (b) if the
        activity is conducted--
                (A) in a component of the National Wilderness Preservation
            System;
                (B) on Federal land on which the removal of vegetation is
            prohibited or restricted by Act of Congress, Presidential
            proclamation (including the applicable implementation plan), or
            regulation;
                (C) in a wilderness study area; or
                (D) in an area in which carrying out the activity would be
            inconsistent with the applicable land management plan or
            resource management plan.
            (4) Extraordinary circumstances.--The Secretary concerned shall
        apply the extraordinary circumstances procedures under section
        220.6 of title 36, Code of Federal Regulations (or a successor
        regulation), in determining whether to use a categorical exclusion
        under subsection (b).
        (d) Acreage and Location Limitations.--Treatments of vegetation in
    linear fuel breaks covered by the categorical exclusion established
    under subsection (b)--
            (1) may not contain treatment units in excess of 3,000 acres;
            (2) shall be located primarily in--
                (A) the wildland-urban interface or a public drinking water
            source area;
                (B) if located outside the wildland-urban interface or a
            public drinking water source area, an area within Condition
            Class 2 or 3 in Fire Regime Group I, II, or III that contains
            very high wildfire hazard potential; or
                (C) an insect or disease area designated by the Secretary
            concerned as of the date of enactment of this Act; and
            (3) shall consider the best available scientific information.
        (e) Roads.--
            (1) Permanent roads.--A project under this section shall not
        include the establishment of permanent roads.
            (2) Existing roads.--The Secretary concerned may carry out
        necessary maintenance and repairs on existing permanent roads for
        the purposes of this section.
            (3) Temporary roads.--The Secretary concerned shall
        decommission any temporary road constructed under a project under
        this section not later than 3 years after the date on which the
        project is completed.
        (f) Public Collaboration.--To encourage meaningful public
    participation during the preparation of a project under this section,
    the Secretary concerned shall facilitate, during the preparation of
    each project--
            (1) collaboration among State and local governments and Indian
        Tribes; and
            (2) participation of interested persons.
    SEC. 40807. EMERGENCY ACTIONS.
        (a) Definitions.--In this section:
            (1) Authorized emergency action.--The term ``authorized
        emergency action'' means an action carried out pursuant to an
        emergency situation determination issued under this section to
        mitigate the harm to life, property, or important natural or
        cultural resources on National Forest System land or adjacent land.
            (2) Emergency situation.--The term ``emergency situation''
        means a situation on National Forest System land for which
        immediate implementation of 1 or more authorized emergency actions
        is necessary to achieve 1 or more of the following results:
                (A) Relief from hazards threatening human health and
            safety.
                (B) Mitigation of threats to natural resources on National
            Forest System land or adjacent land.
            (3) Emergency situation determination.--The term ``emergency
        situation determination'' means a determination made by the
        Secretary under subsection (b)(1)(A).
            (4) Land and resource management plan.--The term ``land and
        resource management plan'' means a plan developed under section 6
        of the Forest and Rangeland Renewable Resources Planning Act of
        1974 (16 U.S.C. 1604).
            (5) National forest system land.--The term ``National Forest
        System land'' means land of the National Forest System (as defined
        in section 11(a) of the Forest and Rangeland Renewable Resources
        Planning Act of 1974 (16 U.S.C. 1609(a))).
            (6) Secretary.--The term ``Secretary'' means the Secretary of
        Agriculture.
        (b) Authorized Emergency Actions to Respond to Emergency
    Situations.--
            (1) Determination.--
                (A) In general.--The Secretary may make a determination
            that an emergency situation exists with respect to National
            Forest System land.
                (B) Review.--An emergency situation determination shall not
            be subject to objection under the predecisional administrative
            review processes under part 218 of title 36, Code of Federal
            Regulations (or successor regulations).
                (C) Basis of determination.--An emergency situation
            determination shall be based on an examination of the relevant
            information.
            (2) Authorized emergency actions.--After making an emergency
        situation determination with respect to National Forest System
        land, the Secretary may carry out authorized emergency actions on
        that National Forest System land in order to achieve reliefs from
        hazards threatening human health and safety or mitigation of
        threats to natural resources on National Forest System land or
        adjacent land, including through--
                (A) the salvage of dead or dying trees;
                (B) the harvest of trees damaged by wind or ice;
                (C) the commercial and noncommercial sanitation harvest of
            trees to control insects or disease, including trees already
            infested with insects or disease;
                (D) the reforestation or replanting of fire-impacted areas
            through planting, control of competing vegetation, or other
            activities that enhance natural regeneration and restore forest
            species;
                (E) the removal of hazardous trees in close proximity to
            roads and trails;
                (F) the removal of hazardous fuels;
                (G) the restoration of water sources or infrastructure;
                (H) the reconstruction of existing utility lines; and
                (I) the replacement of underground cables.
            (3) Relation to land and resource management plans.--Any
        authorized emergency action carried out under paragraph (2) on
        National Forest System land shall be conducted consistent with the
        applicable land and resource management plan.
        (c) Environmental Analysis.--
            (1) Environmental assessment or environmental impact
        statement.--If the Secretary determines that an authorized
        emergency action requires an environmental assessment or an
        environmental impact statement pursuant to section 102(2) of the
        National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), the
        Secretary shall study, develop, and describe--
                (A) the proposed agency action, taking into account the
            probable environmental consequences of the authorized emergency
            action and mitigating foreseeable adverse environmental
            effects, to the extent practicable; and
                (B) the alternative of no action.
            (2) Public notice.--The Secretary shall provide notice of each
        authorized emergency action that the Secretary determines requires
        an environmental assessment or environmental impact statement under
        paragraph (1), in accordance with applicable regulations and
        administrative guidelines.
            (3) Public comment.--The Secretary shall provide an opportunity
        for public comment during the preparation of any environmental
        assessment or environmental impact statement under paragraph (1).
            (4) Savings clause.--Nothing in this subsection prohibits the
        Secretary from--
                (A) making an emergency situation determination, including
            a determination that an emergency exists pursuant to section
            218.21(a) of title 36, Code of Federal Regulations (or
            successor regulations); or
                (B) taking an emergency action under section 220.4(b) of
            title 36, Code of Federal Regulations (or successor
            regulations).
        (d) Administrative Review of Authorized Emergency Actions.--An
    authorized emergency action carried out under this section shall not be
    subject to objection under the predecisional administrative review
    processes established under section 105 of the Healthy Forests
    Restoration Act of 2003 (16 U.S.C. 6515) and section 428 of the
    Department of the Interior, Environment, and Related Agencies
    Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
        (e) Judicial Review of Emergency Actions.--A court shall not enjoin
    an authorized emergency action under this section if the court
    determines that the plaintiff is unable to demonstrate that the claim
    of the plaintiff is likely to succeed on the merits.
        (f) Notification and Guidance.--The Secretary shall provide
    notification and guidance to each local field office of the Forest
    Service to ensure awareness of, compliance with, and appropriate use of
    the authorized emergency action authority under this section.
    SEC. 40808. JOINT CHIEFS LANDSCAPE RESTORATION PARTNERSHIP PROGRAM.
        (a) Definitions.--In this section:
            (1) Chiefs.--The term ``Chiefs'' means the Chief of the Forest
        Service and the Chief of the Natural Resources Conservation
        Service.
            (2) Eligible activity.--The term ``eligible activity'' means an
        activity--
                (A) to reduce the risk of wildfire;
                (B) to protect water quality and supply; or
                (C) to improve wildlife habitat for at-risk species.
            (3) Program.--The term ``Program'' means the Joint Chiefs
        Landscape Restoration Partnership program established under
        subsection (b)(1).
            (4) Secretary.--The term ``Secretary'' means the Secretary of
        Agriculture.
            (5) Wildland-urban interface.--The term ``wildland-urban
        interface'' has the meaning given the term in section 101 of the
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
        (b) Establishment.--
            (1) In general.--The Secretary shall establish a Joint Chiefs
        Landscape Restoration Partnership program to improve the health and
        resilience of forest landscapes across National Forest System land
        and State, Tribal, and private land.
            (2) Administration.--The Secretary shall administer the Program
        by coordinating eligible activities conducted on National Forest
        System land and State, Tribal, or private land across a forest
        landscape to improve the health and resilience of the forest
        landscape by--
                (A) assisting producers and landowners in implementing
            eligible activities on eligible private or Tribal land using
            the applicable programs and authorities administered by the
            Chief of the Natural Resources Conservation Service under title
            XII of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.),
            not including the conservation reserve program established
            under subchapter B of chapter 1 of subtitle D of that title (16
            U.S.C. 3831 et seq.); and
                (B) conducting eligible activities on National Forest
            System land or assisting landowners in implementing eligible
            activities on State, Tribal, or private land using the
            applicable programs and authorities administered by the Chief
            of the Forest Service.
        (c) Selection of Eligible Activities.--The appropriate Regional
    Forester and State Conservationist shall jointly submit to the Chiefs
    on an annual basis proposals for eligible activities under the Program.
        (d) Evaluation Criteria.--In evaluating and selecting proposals
    submitted under subsection (c), the Chiefs shall consider--
            (1) criteria including whether the proposal--
                (A) reduces wildfire risk in a municipal watershed or the
            wildland-urban interface;
                (B) was developed through a collaborative process with
            participation from diverse stakeholders;
                (C) increases forest workforce capacity or forest business
            infrastructure and development;
                (D) leverages existing authorities and non-Federal funding;
                (E) provides measurable outcomes; or
                (F) supports established State and regional priorities; and
            (2) such other criteria relating to the merits of the proposals
        as the Chiefs determine to be appropriate.
        (e) Outreach.--The Secretary shall provide--
            (1) public notice on the websites of the Forest Service and the
        Natural Resources Conservation Service describing--
                (A) the solicitation of proposals under subsection (c); and
                (B) the criteria for selecting proposals in accordance with
            subsection (d); and
            (2) information relating to the Program and activities funded
        under the Program to States, Indian Tribes, units of local
        government, and private landowners.
        (f) Exclusions.--An eligible activity may not be carried out under
    the Program--
            (1) in a wilderness area or designated wilderness study area;
            (2) in an inventoried roadless area;
            (3) on any Federal land on which, by Act of Congress or
        Presidential proclamation, the removal of vegetation is restricted
        or prohibited; or
            (4) in an area in which the eligible activity would be
        inconsistent with the applicable land and resource management plan.
        (g) Accountability.--
            (1) Initial report.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall submit to Congress a
        report providing recommendations to Congress relating to the
        Program, including a review of--
                (A) funding mechanisms for the Program;
                (B) staff capacity to carry out the Program;
                (C) privacy laws applicable to the Program;
                (D) data collection under the Program;
                (E) monitoring and outcomes under the Program; and
                (F) such other matters as the Secretary considers to be
            appropriate.
            (2) Additional reports.--For each of fiscal years 2022 and
        2023, the Chiefs shall submit to the Committee on Agriculture,
        Nutrition, and Forestry and the Committee on Appropriations of the
        Senate and the Committee on Agriculture and the Committee on
        Appropriations of the House of Representatives a report describing
        projects for which funding is provided under the Program, including
        the status and outcomes of those projects.
        (h) Funding.--
            (1) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the Program $90,000,000
        for each of fiscal years 2022 and 2023.
            (2) Additional funds.--In addition to the funds described in
        paragraph (1), the Secretary may obligate available funds from
        accounts used to carry out the existing Joint Chiefs' Landscape
        Restoration Partnership prior to the date of enactment of this Act
        to carry out the Program.
            (3) Duration of availability.--Funds made available under
        paragraph (1) shall remain available until expended.
            (4) Distribution of funds.--Of the funds made available under
        paragraph (1)--
                (A) not less than 40 percent shall be allocated to carry
            out eligible activities through the Natural Resources
            Conservation Service;
                (B) not less than 40 percent shall be allocated to carry
            out eligible activities through the Forest Service; and
                (C) the remaining funds shall be allocated by the Chiefs to
            the Natural Resources Conservation Service or the Forest
            Service--
                    (i) to carry out eligible activities; or
                    (ii) for other purposes, such as technical assistance,
                project development, or local capacity building.

                     TITLE IX--WESTERN WATER INFRASTRUCTURE

    SEC. 40901. AUTHORIZATIONS OF APPROPRIATIONS.
        There are authorized to be appropriated to the Secretary of the
    Interior, acting through the Commissioner of Reclamation (referred to
    in this title as the ``Secretary''), for the period of fiscal years
    2022 through 2026--
            (1) $1,150,000,000 for water storage, groundwater storage, and
        conveyance projects in accordance with section 40902, of which
        $100,000,000 shall be made available to provide grants to plan and
        construct small surface water and groundwater storage projects in
        accordance with section 40903;
            (2) $3,200,000,000 for the Aging Infrastructure Account
        established by subsection (d)(1) of section 9603 of the Omnibus
        Public Land Management Act of 2009 (43 U.S.C. 510b), to be made
        available for activities in accordance with that subsection,
        including major rehabilitation and replacement activities, as
        identified in the Asset Management Report of the Bureau of
        Reclamation dated April 2021, of which--
                (A) $100,000,000 shall be made available for Bureau of
            Reclamation reserved or transferred works that have suffered a
            critical failure, in accordance with section 40904(a); and
                (B) $100,000,000 shall be made available for the
            rehabilitation, reconstruction, or replacement of a dam in
            accordance with section 40904(b);
            (3) $1,000,000,000 for rural water projects that have been
        authorized by an Act of Congress before July 1, 2021, in accordance
        with the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401
        et seq.);
            (4) $1,000,000,000 for water recycling and reuse projects, of
        which--
                (A) $550,000,000 shall be made available for water
            recycling and reuse projects authorized in accordance with the
            Reclamation Wastewater and Groundwater Study and Facilities Act
            (43 U.S.C. 390h et seq.) that are--
                    (i) authorized or approved for construction funding by
                an Act of Congress before the date of enactment of this
                Act; or
                    (ii) selected for funding under the competitive grant
                program authorized pursuant to section 1602(f) of the
                Reclamation Wastewater and Groundwater Study and Facilities
                Act (43 U.S.C. 390h(f)), with funding under this
                subparagraph to be provided in accordance with that
                section, notwithstanding section 4013 of the Water
                Infrastructure Improvements for the Nation Act (43 U.S.C.
                390b note; Public Law 114-322), except that section
                1602(g)(2) of the Reclamation Wastewater and Groundwater
                Study and Facilities Act (43 U.S.C. 390h(g)(2)) shall not
                apply to amounts made available under this subparagraph;
                and
                (B) $450,000,000 shall be made available for large-scale
            water recycling and reuse projects in accordance with section
            40905;
            (5) $250,000,000 for water desalination projects and studies
        authorized in accordance with the Water Desalination Act of 1996
        (42 U.S.C. 10301 note; Public Law 104-298) that are--
                (A) authorized or approved for construction funding by an
            Act of Congress before July 1, 2021; or
                (B) selected for funding under the program authorized
            pursuant to section 4(a) of the Water Desalination Act of 1996
            (42 U.S.C. 10301 note; Public Law 104-298), with funding to be
            made available under this paragraph in accordance with that
            subsection, notwithstanding section 4013 of the Water
            Infrastructure Improvements for the Nation Act (43 U.S.C. 390b
            note; Public Law 114-322), except that paragraph (2)(F) of
            section 4(a) of the Water Desalination Act of 1996 (42 U.S.C.
            10301 note; Public Law 104-298) (as redesignated by section
            40908) shall not apply to amounts made available under this
            paragraph;
            (6) $500,000,000 for the safety of dams program, in accordance
        with the Reclamation Safety of Dams Act of 1978 (43 U.S.C. 506 et
        seq.);
            (7) $400,000,000 for WaterSMART grants in accordance with
        section 9504 of the Omnibus Public Land Management Act of 2009 (42
        U.S.C. 10364), of which $100,000,000 shall be made available for
        projects that would improve the condition of a natural feature or
        nature-based feature (as those terms are defined in section 9502 of
        the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10362));
            (8) subject to section 40906, $300,000,000 for implementing the
        Colorado River Basin Drought Contingency Plan, consistent with the
        obligations of the Secretary under the Colorado River Drought
        Contingency Plan Authorization Act (Public Law 116-14; 133 Stat.
        850) and related agreements, of which $50,000,000 shall be made
        available for use in accordance with the Drought Contingency Plan
        for the Upper Colorado River Basin;
            (9) $100,000,000 to provide financial assistance for watershed
        management projects in accordance with subtitle A of title VI of
        the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et
        seq.);
            (10) $250,000,000 for design, study, and construction of
        aquatic ecosystem restoration and protection projects in accordance
        with section 1109 of division FF of the Consolidated Appropriations
        Act, 2021 (Public Law 116-260);
            (11) $100,000,000 for multi-benefit projects to improve
        watershed health in accordance with section 40907; and
            (12) $50,000,000 for endangered species recovery and
        conservation programs in the Colorado River Basin in accordance
        with--
                (A) Public Law 106-392 (114 Stat. 1602);
                (B) the Grand Canyon Protection Act of 1992 (Public Law
            102-575; 106 Stat. 4669); and
                (C) subtitle E of title IX of the Omnibus Public Land
            Management Act of 2009 (Public Law 111-11; 123 Stat. 1327).
    SEC. 40902. WATER STORAGE, GROUNDWATER STORAGE, AND CONVEYANCE
    PROJECTS.
        (a) Eligibility for Funding.--
            (1) Feasibility studies.--
                (A) In general.--A feasibility study shall only be eligible
            for funding under section 40901(1) if--
                    (i) the feasibility study has been authorized by an Act
                of Congress before the date of enactment of this Act;
                    (ii) Congress has approved funding for the feasibility
                study in accordance with section 4007 of the Water
                Infrastructure Improvements for the Nation Act (43 U.S.C.
                390b note; Public Law 114-322) before the date of enactment
                of this Act; or
                    (iii) the feasibility study is authorized under
                subparagraph (B).
                (B) Feasibility study authorizations.--The Secretary may
            carry out feasibility studies for the following projects:
                    (i) The Verde Reservoirs Sediment Mitigation Project in
                the State of Arizona.
                    (ii) The Tualatin River Basin Project in the State of
                Oregon.
            (2) Construction.--A project shall only be eligible for
        construction funding under section 40901(1) if--
                (A) an Act of Congress enacted before the date of enactment
            of this Act authorizes construction of the project;
                (B) Congress has approved funding for construction of the
            project in accordance with section 4007 of the Water
            Infrastructure Improvements for the Nation Act (43 U.S.C. 390b
            note; Public Law 114-322) before the date of enactment of this
            Act, except for any project for which--
                    (i) Congress did not approve the recommendation of the
                Secretary for funding under subsection (h)(2) of that
                section for at least 1 fiscal year before the date of
                enactment of this Act; or
                    (ii) State funding for the project was rescinded by the
                State before the date of enactment of this Act; or
                (C)(i) Congress has authorized or approved funding for a
            feasibility study for the project in accordance with clause (i)
            or (ii) of paragraph (1)(A) (except that projects described in
            clauses (i) and (ii) of subparagraph (B) shall not be
            eligible); and
                (ii) on completion of the feasibility study for the
            project, the Secretary--
                    (I) finds the project to be technically and financially
                feasible in accordance with the reclamation laws;
                    (II) determines that sufficient non-Federal funding is
                available for the non-Federal cost share of the project;
                and
                    (III)(aa) finds the project to be in the public
                interest; and
                    (bb) recommends the project for construction.
        (b) Cost-sharing Requirement.--
            (1) In general.--The Federal share--
                (A) for a project authorized by an Act of Congress shall be
            determined in accordance with that Act;
                (B) for a project approved by Congress in accordance with
            section 4007 of the Water Infrastructure Improvements for the
            Nation Act (43 U.S.C. 390b note; Public Law 114-322) (including
            construction resulting from a feasibility study authorized
            under that Act) shall be as provided in that Act; and
                (C) for a project not described in subparagraph (A) or
            (B)--
                    (i) in the case of a federally owned project, shall not
                exceed 50 percent of the total cost of the project; and
                    (ii) in the case of a non-Federal project, shall not
                exceed 25 percent of the total cost of the project.
            (2) Federal benefits.--Before funding a project under this
        section, the Secretary shall determine that, in return for the
        Federal investment in the project, at least a proportionate share
        of the benefits are Federal benefits.
            (3) Reimbursability.--The reimbursability of Federal funding of
        projects under this section shall be in accordance with the
        reclamation laws.
        (c) Environmental Laws.--In providing funding for a project under
    this section, the Secretary shall comply with all applicable
    environmental laws, including the National Environmental Policy Act of
    1969 (42 U.S.C. 4321 et seq.).
    SEC. 40903. SMALL WATER STORAGE AND GROUNDWATER STORAGE PROJECTS.
        (a) Establishment of a Competitive Grant Program for Small Water
    Storage and Groundwater Storage Projects.--The Secretary shall
    establish a competitive grant program, under which the non-Federal
    project sponsor of any project in a Reclamation State, including the
    State of Alaska or Hawaii, determined by the Secretary to be feasible
    under subsection (b)(2)(B) shall be eligible to apply for funding for
    the planning, design, and construction of the project.
        (b) Eligibility and Selection.--
            (1) Submission to the secretary.--
                (A) In general.--A non-Federal project sponsor described in
            subsection (a) may submit to the Secretary a proposal for a
            project eligible to receive a grant under this section in the
            form of a completed feasibility study.
                (B) Eligible projects.--A project shall be considered
            eligible for consideration for a grant under this section if
            the project--
                    (i) has water storage capacity of not less than 2,000
                acre-feet and not more than 30,000 acre-feet; and
                    (ii)(I) increases surface water or groundwater storage;
                or
                    (II) conveys water, directly or indirectly, to or from
                surface water or groundwater storage.
                (C) Guidelines.--Not later than 60 days after the date of
            enactment of this Act, the Secretary shall issue guidelines for
            feasibility studies for small storage projects to provide
            sufficient information for the formulation of the studies.
            (2) Review by the secretary.--The Secretary shall review each
        feasibility study received under paragraph (1)(A) for the purpose
        of determining whether--
                (A) the feasibility study, and the process under which the
            study was developed, each comply with Federal laws (including
            regulations) applicable to feasibility studies of small storage
            projects;
                (B) the project is technically and financially feasible, in
            accordance with--
                    (i) the guidelines developed under paragraph (1)(C);
                and
                    (ii) the reclamation laws; and
                (C) the project provides a Federal benefit, as determined
            by the Secretary.
            (3) Submission to congress.--Not later than 180 days after the
        date of receipt of a feasibility study received under paragraph
        (1)(A), the Secretary shall submit to the Committee on Energy and
        Natural Resources of the Senate and the Committee on Natural
        Resources of the House of Representatives a report that describes--
                (A) the results of the review of the study by the Secretary
            under paragraph (2), including a determination of whether the
            project is feasible and provides a Federal benefit;
                (B) any recommendations that the Secretary may have
            concerning the plan or design of the project; and
                (C) any conditions the Secretary may require for
            construction of the project.
            (4) Eligibility for funding.--
                (A) In general.--The non-Federal project sponsor of any
            project determined by the Secretary to be feasible under
            paragraph (3)(A) shall be eligible to apply to the Secretary
            for a grant to cover the Federal share of the costs of
            planning, designing, and constructing the project pursuant to
            subsection (c).
                (B) Required determination.--Prior to awarding grants to a
            small storage project, the Secretary shall determine whether
            there is sufficient non-Federal funding available to complete
            the project.
            (5) Priority.--In awarding grants to projects under this
        section, the Secretary shall give priority to projects that meet 1
        or more of the following criteria:
                (A) Projects that are likely to provide a more reliable
            water supply for States, Indian Tribes, and local governments,
            including subdivisions of those entities.
                (B) Projects that are likely to increase water management
            flexibility and reduce impacts on environmental resources from
            projects operated by Federal and State agencies.
                (C) Projects that are regional in nature.
                (D) Projects with multiple stakeholders.
                (E) Projects that provide multiple benefits, including
            water supply reliability, ecosystem benefits, groundwater
            management and enhancements, and water quality improvements.
        (c) Ceiling on Federal Share.--The Federal share of the costs of
    each of the individual projects selected under this section shall not
    exceed the lesser of--
            (1) 25 percent of the total project cost; or
            (2) $30,000,000.
        (d) Environmental Laws.--In providing funding for a grant for a
    project under this section, the Secretary shall comply with all
    applicable environmental laws, including the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        (e) Termination of Authority.--The authority to carry out this
    section terminates on the date that is 5 years after the date of
    enactment of this Act.
    SEC. 40904. CRITICAL MAINTENANCE AND REPAIR.
        (a) Critical Failure at a Reserved or Transferred Work.--
            (1) In general.--A reserved or transferred work shall only be
        eligible for funding under section 40901(2)(A) if--
                (A) construction of the reserved or transferred work began
            on or before January 1, 1915; and
                (B) a unit of the reserved or transferred work suffered a
            critical failure in Bureau of Reclamation infrastructure during
            the 2-year period ending on the date of enactment of this Act
            that resulted in the failure to deliver water to project
            beneficiaries.
            (2) Use of funds.--Rehabilitation, repair, and replacement
        activities for a transferred or reserved work using amounts made
        available under section 40901(2)(A) may be used for the entire
        transferred or reserved work, regardless of whether the critical
        failure was limited to a single project of the overall work.
            (3) Nonreimbursable funds.--Notwithstanding section 9603(b) of
        the Omnibus Public Land Management Act of 2009 (43 U.S.C. 510b(b)),
        amounts made available to a reserved or transferred work under
        section 40901(2)(A) shall be nonreimbursable to the United States.
        (b) Carey Act Projects.--The Secretary shall use amounts made
    available under section 40901(2)(B) to fund the rehabilitation,
    reconstruction, or replacement of a dam--
            (1) the construction of which began on or after January 1,
        1905;
            (2) that was developed pursuant to section 4 of the Act of
        August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C.
        641; 28 Stat. 422, chapter 301);
            (3) that the Governor of the State in which the dam is located
        has--
                (A) determined the dam has reached its useful life;
                (B) determined the dam poses significant health and safety
            concerns; and
                (C) requested Federal support; and
            (4) for which the estimated rehabilitation, reconstruction, or
        replacement, engineering, and permitting costs would exceed
        $50,000,000.
    SEC. 40905. COMPETITIVE GRANT PROGRAM FOR LARGE-SCALE WATER RECYCLING
    AND REUSE PROGRAM.
        (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                (A) a State, Indian Tribe, municipality, irrigation
            district, water district, wastewater district, or other
            organization with water or power delivery authority;
                (B) a State, regional, or local authority, the members of
            which include 1 or more organizations with water or power
            delivery authority; or
                (C) an agency established under State law for the joint
            exercise of powers or a combination of entities described in
            subparagraphs (A) and (B).
            (2) Eligible project.--The term ``eligible project'' means a
        project described in subsection (c).
            (3) Program.--The term ``program'' means the grant program
        established under subsection (b).
            (4) Reclamation state.--The term ``Reclamation State'' means a
        State or territory described in the first section of the Act of
        June 17, 1902 (43 U.S.C. 391; 32 Stat. 388, chapter 1093).
        (b) Establishment.--The Secretary shall establish a program to
    provide grants to eligible entities on a competitive basis for the
    planning, design, and construction of large-scale water recycling and
    reuse projects that provide substantial water supply and other benefits
    to the Reclamation States in accordance with this section.
        (c) Eligible Project.--A project shall be eligible for a grant
    under this section if the project--
            (1) reclaims and reuses--
                (A) municipal, industrial, domestic, or agricultural
            wastewater; or
                (B) impaired groundwater or surface water;
            (2) has a total estimated cost of $500,000,000 or more;
            (3) is located in a Reclamation State;
            (4) is constructed, operated, and maintained by an eligible
        entity; and
            (5) provides a Federal benefit in accordance with the
        reclamation laws.
        (d) Project Evaluation.--The Secretary may provide a grant to an
    eligible project under the program if--
            (1) the eligible entity determines through the preparation of a
        feasibility study or equivalent study, and the Secretary concurs,
        that the eligible project--
                (A) is technically and financially feasible;
                (B) provides a Federal benefit in accordance with the
            reclamation laws; and
                (C) is consistent with applicable Federal and State laws;
            (2) the eligible entity has sufficient non-Federal funding
        available to complete the eligible project, as determined by the
        Secretary;
            (3) the eligible entity is financially solvent, as determined
        by the Secretary; and
            (4) not later than 30 days after the date on which the
        Secretary concurs with the determinations under paragraph (1) with
        respect to the eligible project, the Secretary submits to Congress
        written notice of the determinations.
        (e) Priority.--In providing grants to eligible projects under the
    program, the Secretary shall give priority to eligible projects that
    meet 1 or more of the following criteria:
            (1) The eligible project provides multiple benefits,
        including--
                (A) water supply reliability benefits for drought-stricken
            States and communities;
                (B) fish and wildlife benefits; and
                (C) water quality improvements.
            (2) The eligible project is likely to reduce impacts on
        environmental resources from water projects owned or operated by
        Federal and State agencies, including through measurable reductions
        in water diversions from imperiled ecosystems.
            (3) The eligible project would advance water management plans
        across a multi-State area, such as drought contingency plans in the
        Colorado River Basin.
            (4) The eligible project is regional in nature.
            (5) The eligible project is collaboratively developed or
        supported by multiple stakeholders.
        (f) Federal Assistance.--
            (1) Federal cost share.--The Federal share of the cost of any
        project provided a grant under the program shall not exceed 25
        percent of the total cost of the eligible project.
            (2) Total dollar cap.--The Secretary shall not impose a total
        dollar cap on Federal contributions for all eligible individual
        projects provided a grant under the program.
            (3) Nonreimbursable funds.--Any funds provided by the Secretary
        to an eligible entity under the program shall be considered
        nonreimbursable.
            (4) Funding eligibility.--An eligible project shall not be
        considered ineligible for assistance under the program because the
        eligible project has received assistance under--
                (A) the Reclamation Wastewater and Groundwater Study and
            Facilities Act (43 U.S.C. 390h et seq.);
                (B) section 4(a) of the Water Desalination Act of 1996 (42
            U.S.C. 10301 note; Public Law 104-298) for eligible
            desalination projects; or
                (C) section 1602(e) of the Reclamation Wastewater and
            Groundwater Study and Facilities Act (43 U.S.C. 390h(e)).
        (g) Environmental Laws.--In providing a grant for an eligible
    project under the program, the Secretary shall comply with all
    applicable environmental laws, including the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        (h) Guidance.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall issue guidance on the implementation of
    the program, including guidelines for the preparation of feasibility
    studies or equivalent studies by eligible entities.
        (i) Reports.--
            (1) Annual report.--At the end of each fiscal year, the
        Secretary shall make available on the website of the Department of
        the Interior an annual report that lists each eligible project for
        which a grant has been awarded under this section during the fiscal
        year.
            (2) Comptroller general.--
                (A) Assessment.--The Comptroller General of the United
            States shall conduct an assessment of the administrative
            establishment, solicitation, selection, and justification
            process with respect to the funding of grants under this
            section.
                (B) Report.--Not later than 1 year after the date of the
            initial award of grants under this section, the Comptroller
            General shall submit to the Committee on Energy and Natural
            Resources of the Senate and the Committee on Natural Resources
            of the House of Representatives a report that describes--
                    (i) the adequacy and effectiveness of the process by
                which each eligible project was selected, if applicable;
                and
                    (ii) the justification and criteria used for the
                selection of each eligible project, if applicable.
        (j) Treatment of Conveyance.--The Secretary shall consider the
    planning, design, and construction of a conveyance system for an
    eligible project to be eligible for grant funding under the program.
        (k) Termination of Authority.--The authority to carry out this
    section terminates on the date that is 5 years after the date of
    enactment of this Act.
    SEC. 40906. DROUGHT CONTINGENCY PLAN FUNDING REQUIREMENTS.
        (a) In General.--Funds made available under section 40901(8) for
    use in the Lower Colorado River Basin may be used for projects--
            (1) to establish or conserve recurring Colorado River water
        that contributes to supplies in Lake Mead and other Colorado River
        water reservoirs in the Lower Colorado River Basin; or
            (2) to improve the long-term efficiency of operations in the
        Lower Colorado River Basin.
        (b) Limitation.--None of the funds made available under section
    40901(8) may be used for the operation of the Yuma Desalting Plant.
        (c) Effect.--Nothing in section 40901(8) limits existing or future
    opportunities to augment the water supplies of the Colorado River.
    SEC. 40907. MULTI-BENEFIT PROJECTS TO IMPROVE WATERSHED HEALTH.
        (a) Definition of Eligible Applicant.--In this section, the term
    ``eligible applicant'' means--
            (1) a State;
            (2) a Tribal or local government;
            (3) an organization with power or water delivery authority;
            (4) a regional authority; or
            (5) a nonprofit conservation organization.
        (b) Establishment of Competitive Grant Program.--Not later than 1
    year after the date of enactment of this Act, the Secretary, in
    consultation with the heads of relevant agencies, shall establish a
    competitive grant program under which the Secretary shall award grants
    to eligible applicants for the design, implementation, and monitoring
    of conservation outcomes of habitat restoration projects that improve
    watershed health in a river basin that is adversely impacted by a
    Bureau of Reclamation water project by accomplishing 1 or more of the
    following:
            (1) Ecosystem benefits.
            (2) Restoration of native species.
            (3) Mitigation against the impacts of climate change to fish
        and wildlife habitats.
            (4) Protection against invasive species.
            (5) Restoration of aspects of the natural ecosystem.
            (6) Enhancement of commercial, recreational, subsistence, or
        Tribal ceremonial fishing.
            (7) Enhancement of river-based recreation.
        (c) Requirements.--
            (1) In general.--In awarding a grant to an eligible applicant
        under subsection (b), the Secretary--
                (A) shall give priority to an eligible applicant that would
            carry out a habitat restoration project that achieves more than
            1 of the benefits described in that subsection; and
                (B) may not provide a grant to carry out a habitat
            restoration project the purpose of which is to meet existing
            environmental mitigation or compliance obligations under
            Federal or State law.
            (2) Compliance.--A habitat restoration project awarded a grant
        under subsection (b) shall comply with all applicable Federal and
        State laws.
        (d) Cost-sharing Requirement.--The Federal share of the cost of any
    habitat restoration project that is awarded a grant under subsection
    (b)--
            (1) shall not exceed 50 percent of the cost of the habitat
        restoration project; or
            (2) in the case of a habitat restoration project that provides
        benefits to ecological or recreational values in which the
        nonconsumptive water conservation benefit or habitat restoration
        benefit accounts for at least 75 percent of the cost of the habitat
        restoration project, as determined by the Secretary, shall not
        exceed 75 percent of the cost of the habitat restoration project.
    SEC. 40908. ELIGIBLE DESALINATION PROJECTS.
        Section 4(a) of the Water Desalination Act of 1996 (42 U.S.C. 10301
    note; Public Law 104-298) is amended by redesignating the second
    paragraph (1) (relating to eligible desalination projects) as paragraph
    (2).
    SEC. 40909. CLARIFICATION OF AUTHORITY TO USE CORONAVIRUS FISCAL
    RECOVERY FUNDS TO MEET A NON-FEDERAL MATCHING REQUIREMENT FOR
    AUTHORIZED BUREAU OF RECLAMATION WATER PROJECTS.
        (a) Coronavirus State Fiscal Recovery Fund.--Section 602(c) of the
    Social Security Act (42 U.S.C. 802(c)) is amended by adding at the end
    the following:
            ``(4) Use of funds to satisfy non-federal matching requirements
        for authorized bureau of reclamation water projects.--Funds
        provided under this section for an authorized Bureau of Reclamation
        project may be used for purposes of satisfying any non-Federal
        matching requirement required for the project.''.
        (b) Coronavirus Local Fiscal Recovery Fund.--Section 603(c) of the
    Social Security Act (42 U.S.C. 803(c)) is amended by adding at the end
    the following:
            ``(5) Use of funds to satisfy non-federal matching, maintenance
        of effort, or other expenditure requirement.--Funds provided under
        this section for an authorized Bureau of Reclamation project may be
        used for purposes of satisfying any non-Federal matching
        requirement required for the project.''.
        (c) Effective Date.--The amendments made by this section shall take
    effect as if included in the enactment of section 9901 of the American
    Rescue Plan Act of 2021 (Public Law 117-2; 135 Stat. 223).
    SEC. 40910. FEDERAL ASSISTANCE FOR GROUNDWATER RECHARGE, AQUIFER
    STORAGE, AND WATER SOURCE SUBSTITUTION PROJECTS.
        (a) In General.--The Secretary, at the request of and in
    coordination with affected Indian Tribes, States (including
    subdivisions and departments of a State), or a public agency organized
    pursuant to State law, may provide technical or financial assistance
    for, participate in, and enter into agreements (including agreements
    with irrigation entities) for--
            (1) groundwater recharge projects;
            (2) aquifer storage and recovery projects; or
            (3) water source substitution for aquifer protection projects.
        (b) Limitation.--Nothing in this section authorizes additional
    technical or financial assistance for, or participation in an agreement
    for, a surface water storage facility to be constructed or expanded.
        (c) Requirement.--A construction project shall only be eligible for
    financial assistance under this section if the project meets the
    conditions for funding under section 40902(a)(2)(C)(ii).
        (d) Cost Sharing.--Cost sharing for a project funded under this
    section shall be in accordance with section 40902(b).
        (e) Environmental Laws.--In providing funding for a project under
    this section, the Secretary shall comply with all applicable
    environmental laws, including --
            (1) the National Environmental Policy Act of 1969 (42 U.S.C.
        4321 et seq.);
            (2) any obligations for fish, wildlife, or water quality
        protection in permits or licenses granted by a Federal agency or a
        State; and
            (3) any applicable Federal or State laws (including
        regulations).
        (f) Authorization by Congress for Major Project Construction.--A
    project with a total estimated cost of $500,000,000 or more shall only
    be eligible for construction funding under this section if the project
    is authorized for construction by an Act of Congress.

        TITLE X--AUTHORIZATION OF APPROPRIATIONS FOR ENERGY ACT OF 2020

    SEC. 41001. ENERGY STORAGE DEMONSTRATION PROJECTS.
        (a) Energy Storage Demonstration Projects; Pilot Grant Program.--
    There is authorized to be appropriated to the Secretary to carry out
    activities under section 3201(c) of the Energy Act of 2020 (42 U.S.C.
    17232(c)) $355,000,000 for the period of fiscal years 2022 through
    2025.
        (b) Long-duration Demonstration Initiative and Joint Program.--
    There is authorized to be appropriated to the Secretary to carry out
    activities under section 3201(d) of the Energy Act of 2020 (42 U.S.C.
    17232(d)) $150,000,000 for the period of fiscal years 2022 through
    2025.
    SEC. 41002. ADVANCED REACTOR DEMONSTRATION PROGRAM.
        (a) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out activities under section
    959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a) pursuant to
    the funding opportunity announcement of the Department numbered DE-FOA-
    0002271 for Pathway 1, Advanced Reactor Demonstrations--
            (1) $511,000,000 for fiscal year 2022;
            (2) $506,000,000 for fiscal year 2023;
            (3) $636,000,000 for fiscal year 2024;
            (4) $824,000,000 for fiscal year 2025;
            (5) $453,000,000 for fiscal year 2026; and
            (6) $281,000,000 for fiscal year 2027.
        (b) Technical Corrections.--
            (1) Definition of advanced nuclear reactor.--Section 951(b)(1)
        of the Energy Policy Act of 2005 (42 U.S.C. 16271(b)(1)) is
        amended--
                (A) in subparagraph (A)(xi), by striking ``; and'' and
            inserting a semicolon;
                (B) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (C) by adding at the end the following:
                ``(C) a radioisotope power system that utilizes heat from
            radioactive decay to generate energy.''.
            (2) Nuclear energy university program funding.--Section
        954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C. 16274(a)(6))
        is amended by inserting ``, excluding funds appropriated for the
        Advanced Reactor Demonstration Program of the Department,'' after
        ``annually''.
    SEC. 41003. MINERAL SECURITY PROJECTS.
        (a) National Geological and Geophysical Data Preservation
    Program.--There are authorized to be appropriated to the Secretary of
    the Interior to carry out activities under section 351 of the Energy
    Policy Act of 2005 (42 U.S.C. 15908)--
            (1) $8,668,000 for fiscal year 2022; and
            (2) $5,000,000 for each of fiscal years 2023 through 2025.
        (b) Rare Earth Mineral Security.--There are authorized to be
    appropriated to the Secretary to carry out activities under section
    7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
            (1) $23,000,000 for fiscal year 2022;
            (2) $24,200,000 for fiscal year 2023;
            (3) $25,400,000 for fiscal year 2024;
            (4) $26,600,000 for fiscal year 2025; and
            (5) $27,800,000 for fiscal year 2026.
        (c) Critical Material Innovation, Efficiency, and Alternatives.--
    There are authorized to be appropriated to the Secretary to carry out
    activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C.
    1606(g))--
            (1) $230,000,000 for fiscal year 2022;
            (2) $100,000,000 for fiscal year 2023; and
            (3) $135,000,000 for each of fiscal years 2024 and 2025.
        (d) Critical Material Supply Chain Research Facility.--There are
    authorized to be appropriated to the Secretary to carry out activities
    under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
            (1) $40,000,000 for fiscal year 2022; and
            (2) $35,000,000 for fiscal year 2023.
    SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.
        (a) Carbon Capture Large-scale Pilot Projects.--There are
    authorized to be appropriated to the Secretary to carry out activities
    under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
    16292(b)(2)(B))--
            (1) $387,000,000 for fiscal year 2022;
            (2) $200,000,000 for fiscal year 2023;
            (3) $200,000,000 for fiscal year 2024; and
            (4) $150,000,000 for fiscal year 2025.
        (b) Carbon Capture Demonstration Projects Program.--There are
    authorized to be appropriated to the Secretary to carry out activities
    under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
    16292(b)(2)(C))--
            (1) $937,000,000 for fiscal year 2022;
            (2) $500,000,000 for each of fiscal years 2023 and 2024; and
            (3) $600,000,000 for fiscal year 2025.
    SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.
        (a) Precommercial.--There is authorized to be appropriated to the
    Secretary to carry out activities under section 969D(e)(2)(A) of the
    Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(A)) $15,000,000 for
    fiscal year 2022.
        (b) Commercial.--There is authorized to be appropriated to the
    Secretary to carry out activities under section 969D(e)(2)(B) of the
    Energy Policy Act of 2005 (42 U.S.C. 16298d(e)(2)(B)) $100,000,000 for
    fiscal year 2022.
    SEC. 41006. WATER POWER PROJECTS.
        (a) Hydropower and Marine Energy.--There are authorized to be
    appropriated to the Secretary--
            (1) to carry out activities under section 634 of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17213),
        $36,000,000 for the period of fiscal years 2022 through 2025; and
            (2) to carry out activities under section 635 of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17214),
        $70,400,000 for the period of fiscal years 2022 through 2025.
        (b) National Marine Energy Centers.--There is authorized to be
    appropriated to the Secretary to carry out activities under section 636
    of the Energy Independence and Security Act of 2007 (42 U.S.C. 17215)
    $40,000,000 for the period of fiscal years 2022 through 2025.
    SEC. 41007. RENEWABLE ENERGY PROJECTS.
        (a) Geothermal Energy.--There is authorized to be appropriated to
    the Secretary to carry out activities under section 615(d) of the
    Energy Independence and Security Act of 2007 (42 U.S.C. 17194(d))
    $84,000,000 for the period of fiscal years 2022 through 2025.
        (b) Wind Energy.--There are authorized to be appropriated to the
    Secretary--
            (1) to carry out activities under section 3003(b)(2) of the
        Energy Act of 2020 (42 U.S.C. 16237(b)(2)), $60,000,000 for the
        period of fiscal years 2022 through 2025; and
            (2) to carry out activities under section 3003(b)(4) of the
        Energy Act of 2020 (42 U.S.C. 16237(b)(4)), $40,000,000 for the
        period of fiscal years 2022 through 2025.
        (c) Solar Energy.--There are authorized to be appropriated to the
    Secretary--
            (1) to carry out activities under section 3004(b)(2) of the
        Energy Act of 2020 (42 U.S.C. 16238(b)(2)), $40,000,000 for the
        period of fiscal years 2022 through 2025;
            (2) to carry out activities under section 3004(b)(3) of the
        Energy Act of 2020 (42 U.S.C. 16238(b)(3)), $20,000,000 for the
        period of fiscal years 2022 through 2025; and
            (3) to carry out activities under section 3004(b)(4) of the
        Energy Act of 2020 (42 U.S.C. 16238(b)(4)), $20,000,000 for the
        period of fiscal years 2022 through 2025.
        (d) Clarification.--Amounts authorized to be appropriated under
    subsection (b) are authorized to be a part of, and not in addition to,
    any amounts authorized to be appropriated by section 3003(b)(7) of the
    Energy Act of 2020 (42 U.S.C. 16237(b)(7)).
    SEC. 41008. INDUSTRIAL EMISSIONS DEMONSTRATION PROJECTS.
        There are authorized to be appropriated to the Secretary to carry
    out activities under section 454(d)(3) of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17113(d)(3))--
            (1) $100,000,000 for each of fiscal years 2022 and 2023; and
            (2) $150,000,000 for each of fiscal years 2024 and 2025.

                        TITLE XI--WAGE RATE REQUIREMENTS

    SEC. 41101. WAGE RATE REQUIREMENTS.
        (a) Davis-Bacon.--All laborers and mechanics employed by
    contractors or subcontractors in the performance of construction,
    alteration, or repair work on a project assisted in whole or in part by
    funding made available under this division or an amendment made by this
    division shall be paid wages at rates not less than those prevailing on
    similar projects in the locality, as determined by the Secretary of
    Labor in accordance with subchapter IV of chapter 31 of title 40,
    United States Code (commonly referred to as the ``Davis-Bacon Act'').
        (b) Authority.--With respect to the labor standards specified in
    subsection (a), the Secretary of Labor shall have the authority and
    functions set forth in Reorganization Plan Numbered 14 of 1950 (64
    Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
    Code.

                            TITLE XII--MISCELLANEOUS

    SEC. 41201. OFFICE OF CLEAN ENERGY DEMONSTRATIONS.
        (a) Definitions.--In this section:
            (1) Covered project.--The term ``covered project'' means a
        demonstration project of the Department that--
                (A) receives or is eligible to receive funding from the
            Secretary; and
                (B) is authorized under--
                    (i) this division; or
                    (ii) the Energy Act of 2020 (Public Law 116-260; 134
                Stat. 1182).
            (2) Program.--The term ``program'' means the program
        established under subsection (b).
        (b) Establishment.--The Secretary, in coordination with the heads
    of relevant program offices of the Department, shall establish a
    program to conduct project management and oversight of covered
    projects, including by--
            (1) conducting evaluations of proposals for covered projects
        before the selection of a covered project for funding;
            (2) conducting independent oversight of the execution of a
        covered project after funding has been awarded for that covered
        project; and
            (3) ensuring a balanced portfolio of investments in covered
        projects.
        (c) Duties.--The Secretary shall appoint a head of the program who
    shall, in coordination with the heads of relevant program offices of
    the Department--
            (1) evaluate proposals for covered projects, including scope,
        technical specifications, maturity of design, funding profile,
        estimated costs, proposed schedule, proposed technical and
        financial milestones, and potential for commercial success based on
        economic and policy projections;
            (2) develop independent cost estimates for a proposal for a
        covered project, if appropriate;
            (3) recommend to the head of a program office of the
        Department, as appropriate, whether to fund a proposal for a
        covered project;
            (4) oversee the execution of covered projects that receive
        funding from the Secretary, including reconciling estimated costs
        as compared to actual costs;
            (5) conduct reviews of ongoing covered projects, including--
                (A) evaluating the progress of a covered project based on
            the proposed schedule and technical and financial milestones;
            and
                (B) providing the evaluations under subparagraph (A) to the
            Secretary; and
            (6) assess the lessons learned in overseeing covered projects
        and implement improvements in the process of evaluating and
        overseeing covered projects.
        (d) Employees.--To carry out the program, the Secretary may hire
    appropriate personnel to perform the duties of the program.
        (e) Coordination.--In carrying out the program, the head of the
    program shall coordinate with--
            (1) project management and acquisition management entities with
        the Department, including the Office of Project Management; and
            (2) professional organizations in project management,
        construction, cost estimation, and other relevant fields.
        (f) Reports.--
            (1) Report by secretary.--The Secretary shall include in each
        updated technology transfer execution plan submitted under
        subsection (h)(2) of section 1001 of the Energy Policy Act of 2005
        (42 U.S.C. 16391) information on the implementation of and progress
        made under the program, including, for the year covered by the
        report--
                (A) the covered projects under the purview of the program;
            and
                (B) the review of each covered project carried out under
            subsection (c)(5).
            (2) Report by comptroller general.--Not later than 3 years
        after the date of enactment of this Act, the Comptroller General of
        the United States shall submit to the Committee on Energy and
        Natural Resources of the Senate and the Committee on Science,
        Space, and Technology of the House of Representatives a report
        evaluating the operation of the program, including--
                (A) a description of the processes and procedures used by
            the program to evaluate proposals of covered projects and the
            oversight of covered projects; and
                (B) any recommended changes in the program, including
            changes to--
                    (i) the processes and procedures described in
                subparagraph (A); and
                    (ii) the structure of the program, for the purpose of
                better carrying out the program.
        (g) Technical Amendment.--Section 1001 of the Energy Policy Act of
    2005 (42 U.S.C. 16391) is amended by redesignating the second
    subsections (f) (relating to planning and reporting) and (g) (relating
    to additional technology transfer programs) as subsections (h) and (i),
    respectively.
    SEC. 41202. EXTENSION OF SECURE RURAL SCHOOLS AND COMMUNITY SELF-
    DETERMINATION ACT OF 2000.
        (a) Definition of Full Funding Amount.--Section 3(11) of the Secure
    Rural Schools and Community Self-Determination Act of 2000 (16 U.S.C.
    7102(11)) is amended by striking subparagraphs (D) and (E) and
    inserting the following:
                ``(D) for fiscal year 2017, the amount that is equal to 95
            percent of the full funding amount for fiscal year 2015;
                ``(E) for each of fiscal years 2018 through 2020, the
            amount that is equal to 95 percent of the full funding amount
            for the preceding fiscal year; and
                ``(F) for fiscal year 2021 and each fiscal year thereafter,
            the amount that is equal to the full funding amount for fiscal
            year 2017.''.
        (b) Secure Payments for States and Counties Containing Federal
    Land.--
            (1) Secure payments.--Section 101 of the Secure Rural Schools
        and Community Self-Determination Act of 2000 (16 U.S.C. 7111) is
        amended, in subsections (a) and (b), by striking ``2015, 2017,
        2018, 2019, and 2020'' each place it appears and inserting ``2015
        and 2017 through 2023''.
            (2) Distribution of payments to eligible counties.--Section
        103(d)(2) of the Secure Rural Schools and Community Self-
        Determination Act of 2000 (16 U.S.C. 7113(d)(2)) is amended by
        striking ``2020'' and inserting ``2023''.
        (c) Pilot Program To Streamline Nomination of Members of Resource
    Advisory Committees.--Section 205 of the Secure Rural Schools and
    Community Self-Determination Act of 2000 (16 U.S.C. 7125) is amended by
    striking subsection (g) and inserting the following:
        ``(g) Resource Advisory Committee Appointment Pilot Programs.--
            ``(1) Definitions.--In this subsection:
                ``(A) Applicable designee.--The term `applicable designee'
            means the applicable regional forester.
                ``(B) National pilot program.--The term `national pilot
            program' means the national pilot program established under
            paragraph (4)(A).
                ``(C) Regional pilot program.--The term `regional pilot
            program' means the regional pilot program established under
            paragraph (3)(A).
            ``(2) Establishment of pilot programs.--In accordance with
        paragraphs (3) and (4), the Secretary concerned shall carry out 2
        pilot programs to appoint members of resource advisory committees.
            ``(3) Regional pilot program.--
                ``(A) In general.--The Secretary concerned shall carry out
            a regional pilot program to allow an applicable designee to
            appoint members of resource advisory committees.
                ``(B) Geographic limitation.--The regional pilot program
            shall only apply to resource advisory committees chartered in--
                    ``(i) the State of Montana; and
                    ``(ii) the State of Arizona.
                ``(C) Responsibilities of applicable designee.--
                    ``(i) Review.--Before appointing a member of a resource
                advisory committee under the regional pilot program, an
                applicable designee shall conduct the review and analysis
                that would otherwise be conducted for an appointment to a
                resource advisory committee if the regional pilot program
                was not in effect, including any review and analysis with
                respect to civil rights and budgetary requirements.
                    ``(ii) Savings clause.--Nothing in this paragraph
                relieves an applicable designee from any requirement
                developed by the Secretary concerned for making an
                appointment to a resource advisory committee that is in
                effect on December 20, 2018, including any requirement for
                advertising a vacancy.
            ``(4) National pilot program.--
                ``(A) In general.--The Secretary concerned shall carry out
            a national pilot program to allow the Chief of the Forest
            Service or the Director of the Bureau of Land Management, as
            applicable, to submit to the Secretary concerned nominations of
            individuals for appointment as members of resource advisory
            committees.
                ``(B) Appointment.--Under the national pilot program,
            subject to subparagraph (C), not later than 30 days after the
            date on which a nomination is transmitted to the Secretary
            concerned under subparagraph (A), the Secretary concerned
            shall--
                    ``(i) appoint the nominee to the applicable resource
                advisory committee; or
                    ``(ii) reject the nomination.
                ``(C) Automatic appointment.--If the Secretary concerned
            does not act on a nomination in accordance with subparagraph
            (B) by the date described in that subparagraph, the nominee
            shall be deemed appointed to the applicable resource advisory
            committee.
                ``(D) Geographic limitation.--The national pilot program
            shall apply to a resource advisory committee chartered in any
            State other than--
                    ``(i) the State of Montana; or
                    ``(ii) the State of Arizona.
                ``(E) Savings clause.--Nothing in this paragraph relieves
            the Secretary concerned from any requirement relating to an
            appointment to a resource advisory committee, including any
            requirement with respect to civil rights or advertising a
            vacancy.
            ``(5) Termination of effectiveness.--The authority provided
        under this subsection terminates on October 1, 2023.
            ``(6) Report to congress.--Not later 180 days after the date
        described in paragraph (5), the Secretary concerned shall submit to
        Congress a report that includes--
                ``(A) with respect to appointments made under the regional
            pilot program compared to appointments made under the national
            pilot program, a description of the extent to which--
                    ``(i) appointments were faster or slower; and
                    ``(ii) the requirements described in paragraph
                (3)(C)(i) differ; and
                ``(B) a recommendation with respect to whether Congress
            should terminate, continue, modify, or expand the pilot
            programs.''.
        (d) Extension of Authority To Conduct Special Projects on Federal
    Land.--
            (1) Existing advisory committees.--Section 205(a)(4) of the
        Secure Rural Schools and Community Self-Determination Act of 2000
        (16 U.S.C. 7125(a)(4)) is amended by striking ``December 20, 2021''
        each place it appears and inserting ``December 20, 2023''.
            (2) Extension of authority.--Section 208 of the Secure Rural
        Schools and Community Self-Determination Act of 2000 (16 U.S.C.
        7128) is amended--
                (A) in subsection (a), by striking ``2022'' and inserting
            ``2025''; and
                (B) in subsection (b), by striking ``2023'' and inserting
            ``2026''.
        (e) Access to Broadband and Other Technology.--Section 302(a) of
    the Secure Rural Schools and Community Self-Determination Act of 2000
    (16 U.S.C. 7142(a)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) to provide or expand access to--
                ``(A) broadband telecommunications services at local
            schools; or
                ``(B) the technology and connectivity necessary for
            students to use a digital learning tool at or outside of a
            local school campus.''.
        (f) Extension of Authority To Expend County Funds.--Section 304 of
    the Secure Rural Schools and Community Self-Determination Act of 2000
    (16 U.S.C. 7144) is amended--
            (1) in subsection (a), by striking ``2022'' and inserting
        ``2025''; and
            (2) in subsection (b), by striking ``2023'' and inserting
        ``2026''.
        (g) Amounts Obligated but Unspent; Prohibition on Use of Funds.--
    Title III of the Secure Rural Schools and Community Self-Determination
    Act of 2000 (16 U.S.C. 7141 et seq.) is amended--
            (1) by redesignating section 304 as section 305; and
            (2) by inserting after section 303 the following:
        ``SEC. 304. AMOUNTS OBLIGATED BUT UNSPENT; PROHIBITION ON USE OF
          FUNDS.
        ``(a) Amounts Obligated but Unspent.--Any county funds that were
    obligated by the applicable participating county before October 1,
    2017, but are unspent on October 1, 2020--
            ``(1) may, at the option of the participating county, be deemed
        to have been reserved by the participating county on October 1,
        2020, for expenditure in accordance with this title; and
            ``(2)(A) may be used by the participating county for any
        authorized use under section 302(a); and
            ``(B) on a determination by the participating county under
        subparagraph (A) to use the county funds, shall be available for
        projects initiated after October 1, 2020, subject to section 305.
        ``(b) Prohibition on Use of Funds.--Notwithstanding any other
    provision of law, effective beginning on the date of enactment of the
    Infrastructure Investment and Jobs Act, no county funds made available
    under this title may be used by any participating county for any
    lobbying activity, regardless of the purpose for which the funds are
    obligated on or before that date.''.

            DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

    SEC. 50001. SHORT TITLE.
        This division may be cited as the ``Drinking Water and Wastewater
    Infrastructure Act of 2021''.
    SEC. 50002. DEFINITION OF ADMINISTRATOR.
        In this division, the term ``Administrator'' means the
    Administrator of the Environmental Protection Agency.

                            TITLE I--DRINKING WATER

    SEC. 50101. TECHNICAL ASSISTANCE AND GRANTS FOR EMERGENCIES AFFECTING
    PUBLIC WATER SYSTEMS.
        Section 1442 of the Safe Drinking Water Act (42 U.S.C. 300j-1) is
    amended--
            (1) in subsection (a), by adding at the end the following:
        ``(11) Compliance Evaluation.--
            ``(A) In general.--Not later than 1 year after the date of
        enactment of this paragraph, the Administrator shall--
                ``(i) evaluate, based on the compliance data found in the
            Safe Drinking Water Information System of the Administrator,
            the compliance of community water systems and wastewater
            systems with environmental, health, and safety requirements
            under this title, including water quality sampling, testing,
            and reporting requirements; and
                ``(ii) submit to Congress a report describing trends seen
            as a result of the evaluation under clause (i), including
            trends that demonstrate how the characteristics of community
            water systems and wastewater systems correlate to trends in
            compliance or noncompliance with the requirements described in
            that clause.
            ``(B) Requirement.--To the extent practicable, in carrying out
        subparagraph (A), the Administrator shall determine whether, in
        aggregate, community water systems and wastewater systems maintain
        asset management plans.'';
            (2) in subsection (b), in the first sentence--
                (A) by inserting ``(including an emergency situation
            resulting from a cybersecurity event)'' after ``emergency
            situation''; and
                (B) by inserting ``, including a threat to public health
            resulting from contaminants, such as, but not limited to,
            heightened exposure to lead in drinking water'' after ``public
            health'';
            (3) by striking subsection (d) and inserting the following:
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out subsection (b) $35,000,000 for each of fiscal
    years 2022 through 2026.'';
            (4) in subsection (e), by striking paragraph (5) and inserting
        the following:
            ``(5) Authorization of appropriations.--There is authorized to
        be appropriated to the Administrator to carry out this subsection
        $15,000,000 for each of fiscal years 2022 through 2026.'';
            (5) by redesignating subsection (f) as subsection (g); and
            (6) by inserting after subsection (e) the following:
        ``(f) State-based Nonprofit Organizations.--
            ``(1) In general.--The Administrator may provide technical
        assistance consistent with the authority provided under subsection
        (e) to State-based nonprofit organizations that are governed by
        community water systems.
            ``(2) Communication.--Each State-based nonprofit organization
        that receives funding under paragraph (1) shall, before using that
        funding to undertake activities to carry out this subsection,
        consult with the State in which the assistance is to be expended or
        otherwise made available.''.
    SEC. 50102. DRINKING WATER STATE REVOLVING LOAN FUNDS.
        (a) Drinking Water State Revolving Funds Capitalization Grant
    Reauthorization.--Section 1452 of the Safe Drinking Water Act (42
    U.S.C. 300j-12) is amended--
            (1) in subsection (a)(4)(A), by striking ``During fiscal years
        2019 through 2023, funds'' and inserting ``Funds'';
            (2) in subsection (m)(1) --
                (A) in subparagraph (B), by striking ``and'';
                (B) in subparagraph (C), by striking the period at the end
            and inserting a semicolon; and
                (C) by adding at the end the following:
                ``(D) $2,400,000,000 for fiscal year 2022;
                ``(E) $2,750,000,000 for fiscal year 2023;
                ``(F) $3,000,000,000 for fiscal year 2024; and
                ``(G) $3,250,000,000 for each of fiscal years 2025 and
            2026.''; and
            (3) in subsection (q), by striking ``2016 through 2021'' and
        inserting ``2022 through 2026''.
        (b) Assistance for Disadvantaged Communities.--Section 1452(d) of
    the Safe Drinking Water Act (42 U.S.C. 300j-12(d)) is amended--
            (1) in paragraph (1)--
                (A) by striking ``Notwithstanding any'' and inserting the
            following:
                ``(A) In general.--Notwithstanding any'';
                (B) in subparagraph (A) (as so designated), by inserting
            ``, grants, negative interest loans, other loan forgiveness,
            and through buying, refinancing, or restructuring debt'' after
            ``forgiveness of principal''; and
                (C) by adding at the end the following:
                ``(B) Exclusion.--A loan from a State loan fund with an
            interest rate equal to or greater than 0 percent shall not be
            considered additional subsidization for purposes of this
            subsection.''; and
            (2) in paragraph (2), by striking subparagraph (B) and
        inserting the following:
                ``(B) to the extent that there are sufficient applications
            for loans to communities described in paragraph (1), may not be
            less than 12 percent.''.
    SEC. 50103. SOURCE WATER PETITION PROGRAM.
        Section 1454 of the Safe Drinking Water Act (42 U.S.C. 300j-14) is
    amended--
            (1) in subsection (a)--
                (A) in paragraph (1)(A), in the matter preceding clause
            (i), by striking ``political subdivision of a State,'' and
            inserting ``political subdivision of a State (including a
            county that is designated by the State to act on behalf of an
            unincorporated area within that county, with the agreement of
            that unincorporated area),'';
                (B) in paragraph (4)(D)(i), by inserting ``(including a
            county that is designated by the State to act on behalf of an
            unincorporated area within that county)'' after ``of the
            State''; and
                (C) by adding at the end the following:
            ``(5) Savings provision.--Unless otherwise provided within the
        agreement, an agreement between an unincorporated area and a county
        for the county to submit a petition under paragraph (1)(A) on
        behalf of the unincorporated area shall not authorize the county to
        act on behalf of the unincorporated area in any matter not within a
        program under this section.''; and
            (2) in subsection (e), in the first sentence, by striking
        ``2021'' and inserting ``2026''.
    SEC. 50104. ASSISTANCE FOR SMALL AND DISADVANTAGED COMMUNITIES.
        (a) Existing Programs.--Section 1459A of the Safe Drinking Water
    Act (42 U.S.C. 300j-19a) is amended--
            (1) in subsection (b)(2)--
                (A) in subparagraph (B), by striking ``and'' at the end;
                (B) in subparagraph (C), by striking the period at the end
            and inserting a semicolon; and
                (C) by adding at the end the following:
                ``(D) the purchase of point-of-entry or point-of-use
            filters and filtration systems that are certified by a third
            party using science-based test methods for the removal of
            contaminants of concern;
                ``(E) investments necessary for providing accurate and
            current information about--
                    ``(i) the need for filtration and filter safety,
                including proper use and maintenance practices; and
                    ``(ii) the options for replacing lead service lines (as
                defined in section 1459B(a)) and removing other sources of
                lead in water; and
                ``(F) entering into contracts, including contracts with
            nonprofit organizations that have water system technical
            expertise, to assist--
                    ``(i) an eligible entity; or
                    ``(ii) the State of an eligible entity, on behalf of
                that eligible entity.'';
            (2) in subsection (c), in the matter preceding paragraph (1),
        by striking ``An eligible entity'' and inserting ``Except for
        purposes of subsections (j) and (m), an eligible entity'';
            (3) in subsection (g)(1), by striking ``to pay not less than 45
        percent'' and inserting ``except as provided in subsection (l)(5)
        and subject to subsection (h), to pay not less than 10 percent'';
            (4) by striking subsection (k) and inserting the following:
        ``(k) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out subsections (a) through (j)--
            ``(1) $70,000,000 for fiscal year 2022;
            ``(2) $80,000,000 for fiscal year 2023;
            ``(3) $100,000,000 for fiscal year 2024;
            ``(4) $120,000,000 for fiscal year 2025; and
            ``(5) $140,000,000 for fiscal year 2026.''; and
            (5) in subsection (l)--
                (A) in paragraph (2)--
                    (i) by striking ``The Administrator may'' and inserting
                ``The Administrator shall''; and
                    (ii) by striking ``fiscal years 2019 and 2020'' and
                inserting ``fiscal years 2022 through 2026'';
                (B) in paragraph (5), by striking ``$4,000,000 for each of
            fiscal years 2019 and 2020'' and inserting ``$25,000,000 for
            each of fiscal years 2022 through 2026'';
                (C) by redesignating paragraph (5) as paragraph (6); and
                (D) by inserting after paragraph (4) the following:
            ``(5) Federal share for small, rural, and disadvantaged
        communities.--
                ``(A) In general.--Subject to subparagraph (B), with
            respect to a program or project that serves an eligible entity
            and is carried out using a grant under this subsection, the
            Federal share of the cost of the program or project shall be 90
            percent.
                ``(B) Waiver.--The Administrator may increase the Federal
            share under subparagraph (A) to 100 percent if the
            Administrator determines that an eligible entity is unable to
            pay, or would experience significant financial hardship if
            required to pay, the non-Federal share.''.
        (b) Connection to Public Water Systems.--Section 1459A of the Safe
    Drinking Water Act (42 U.S.C. 300j-19a) is amended by adding at the end
    the following:
        ``(m) Connection to Public Water Systems.--
            ``(1) Definitions.--In this subsection:
                ``(A) Eligible entity.--The term `eligible entity' means--
                    ``(i) an owner or operator of a public water system
                that assists or is seeking to assist eligible individuals
                with connecting the household of the eligible individual to
                the public water system; or
                    ``(ii) a nonprofit entity that assists or is seeking to
                assist eligible individuals with the costs associated with
                connecting the household of the eligible individual to a
                public water system.
                ``(B) Eligible individual.--The term `eligible individual'
            has the meaning given the term in section 603(j) of the Federal
            Water Pollution Control Act (33 U.S.C. 1383(j)).
                ``(C) Program.--The term `program' means the competitive
            grant program established under paragraph (2).
            ``(2) Establishment.--Subject to the availability of
        appropriations, the Administrator shall establish a competitive
        grant program for the purpose of improving the general welfare
        under which the Administrator awards grants to eligible entities to
        provide funds to assist eligible individuals in covering the costs
        incurred by the eligible individual in connecting the household of
        the eligible individual to a public water system.
            ``(3) Application.--An eligible entity seeking a grant under
        the program shall submit to the Administrator an application at
        such time, in such manner, and containing such information as the
        Administrator may require.
            ``(4) Voluntary connection.--Before providing funds to an
        eligible individual for the costs described in paragraph (2), an
        eligible entity shall ensure and certify to the Administrator
        that--
                ``(A) the eligible individual is voluntarily seeking
            connection to the public water system;
                ``(B) if the eligible entity is not the owner or operator
            of the public water system to which the eligible individual
            seeks to connect, the public water system to which the eligible
            individual seeks to connect has agreed to the connection; and
                ``(C) the connection of the household of the eligible
            individual to the public water system meets all applicable
            local and State regulations, requirements, and codes.
            ``(5) Report.--Not later than 3 years after the date of
        enactment of this subsection, the Administrator shall submit to
        Congress a report that describes the implementation of the program,
        which shall include a description of the use and deployment of
        amounts made available under the program.
            ``(6) Authorization of appropriations.--There is authorized to
        be appropriated to carry out the program $20,000,000 for each of
        fiscal years 2022 through 2026.''.
        (c) Competitive Grant Pilot Program.--Section 1459A of the Safe
    Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b))
    is amended by adding at the end the following:
        ``(n) State Competitive Grants for Underserved Communities.--
            ``(1) In general.--In addition to amounts authorized to be
        appropriated under subsection (k), there is authorized to be
        appropriated to carry out subsections (a) through (j) $50,000,000
        for each of fiscal years 2022 through 2026 in accordance with
        paragraph (2).
            ``(2) Competitive grants.--
                ``(A) In general.--Notwithstanding any other provision of
            this section, the Administrator shall distribute amounts made
            available under paragraph (1) to States through a competitive
            grant program.
                ``(B) Applications.--To seek a grant under the competitive
            grant program under subparagraph (A), a State shall submit to
            the Administrator an application at such time, in such manner,
            and containing such information as the Administrator may
            require.
                ``(C) Criteria.--In selecting recipients of grants under
            the competitive grant program under subparagraph (A), the
            Administrator shall establish criteria that give priority to
            States with a high proportion of underserved communities that
            meet the condition described in subsection (a)(2)(A).
            ``(3) Report.--Not later than 2 years after the date of
        enactment of this subsection, the Administrator shall submit to
        Congress a report that describes the implementation of the
        competitive grant program under paragraph (2)(A), which shall
        include a description of the use and deployment of amounts made
        available under the competitive grant program.
            ``(4) Savings provision.--Nothing in this paragraph affects the
        distribution of amounts made available under subsection (k),
        including any methods used by the Administrator for distribution of
        amounts made available under that subsection as in effect on the
        day before the date of enactment of this subsection.''.
    SEC. 50105. REDUCING LEAD IN DRINKING WATER.
        Section 1459B of the Safe Drinking Water Act (42 U.S.C. 300j-19b)
    is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by striking subparagraph (D) and
            inserting the following:
                ``(D) a qualified nonprofit organization with experience in
            lead reduction, as determined by the Administrator; and'';
                (B) in paragraph (2)(A)--
                    (i) in clause (i), by striking ``publicly owned''; and
                    (ii) by striking clause (iii) and inserting the
                following:
                    ``(iii) providing assistance to eligible entities to
                replace lead service lines, with priority for disadvantaged
                communities based on the affordability criteria established
                by the applicable State under section 1452(d)(3), low-
                income homeowners, and landlords or property owners
                providing housing to low-income renters.''; and
                (C) in paragraph (3), by striking ``an individual
            provided'';
            (2) in subsection (b)--
                (A) in paragraph (5)--
                    (i) in subparagraph (A), by striking ``to provide
                assistance'' and all that follows through the period at the
                end and inserting ``to replace lead service lines, with
                first priority given to assisting disadvantaged communities
                based on the affordability criteria established by the
                applicable State under section 1452(d)(3), low-income
                homeowners, and landlords or property owners providing
                housing to low-income renters.''; and
                    (ii) in subparagraph (B), by striking ``line'' and
                inserting ``lines''; and
                (B) in paragraph (6)--
                    (i) in subparagraph (A), by striking ``any publicly
                owned portion of'';
                    (ii) in subparagraph (C), in the matter preceding
                clause (i)--

                        (I) by striking ``may'' and inserting ``shall'';
                        (II) by inserting ``and may, for other
                    homeowners,'' after ``low-income homeowner,''; and
                        (III) by striking ``a cost that'' and all that
                    follows through the semicolon at the end of clause (ii)
                    and inserting ``no cost to the homeowner;'';

                    (iii) in subparagraph (D), by striking ``and'' at the
                end;
                    (iv) in subparagraph (E), by striking ``other options''
                and all that follows through the period at the end and
                inserting ``feasible alternatives for reducing the
                concentration of lead in drinking water, such as corrosion
                control; and''; and
                    (v) by adding at the end the following:
                ``(F) shall notify the State of any planned replacement of
            lead service lines under this program and coordinate, where
            practicable, with other relevant infrastructure projects.'';
            (3) in subsection (d)--
                (A) by inserting ``(except for subsection (d))'' after
            ``this section''; and
                (B) by striking ``$60,000,000 for each of fiscal years 2017
            through 2021'' and inserting ``$100,000,000 for each of fiscal
            years 2022 through 2026'';
            (4) by redesignating subsections (d) and (e) as subsections (e)
        and (f), respectively; and
            (5) by inserting after subsection (c) the following:
        ``(d) Lead Inventorying Utilization Grant Pilot Program.--
            ``(1) Definitions.--In this subsection:
                ``(A) Eligible entity.--The term `eligible entity' means a
            municipality that is served by a community water system or a
            nontransient noncommunity water system in which not less than
            30 percent of the service lines are known, or suspected, to
            contain lead, based on available data, information, or
            resources, including existing lead inventorying.
                ``(B) Pilot program.--The term `pilot program' means the
            pilot program established under paragraph (2).
            ``(2) Establishment.--The Administrator shall establish a pilot
        program under which the Administrator shall provide grants to
        eligible entities to carry out lead reduction projects that are
        demonstrated to exist or are suspected to exist, based on available
        data, information, or resources, including existing lead
        inventorying of those eligible entities.
            ``(3) Selection.--
                ``(A) Application.--To be eligible to receive a grant under
            the pilot program, an eligible entity shall submit to the
            Administrator an application at such time, in such manner, and
            containing such information as the Administrator may require.
                ``(B) Prioritization.--In selecting recipients under the
            pilot program, the Administrator shall give priority to--
                    ``(i) an eligible entity that meets the affordability
                criteria of the applicable State established under section
                1452(d)(3); and
                    ``(ii) an eligible entity that is located in an area
                other than a State that has established affordability
                criteria under section 1452(d)(3).
            ``(4) Report.--Not later 2 years after the Administrator first
        awards a grant under the pilot program, the Administrator shall
        submit to the Committee on Environment and Public Works of the
        Senate and the Committee on Energy and Commerce of the House of
        Representatives a report describing--
                ``(A) the recipients of grants under the pilot program;
                ``(B) the existing lead inventorying that was available to
            recipients of grants under the pilot program; and
                ``(C) how useful and accurate the lead inventorying
            described in subparagraph (B) was in locating lead service
            lines of the eligible entity.
            ``(5) Authorization of appropriations.--There is authorized to
        be appropriated to carry out the pilot program $10,000,000, to
        remain available until expended.''.
    SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
        Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is
    amended by adding at the end the following:
    ``SEC. 1459E. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER SYSTEMS.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                ``(A) a State;
                ``(B) a unit of local government;
                ``(C) a public corporation established by a unit of local
            government to provide water service;
                ``(D) a nonprofit corporation, public trust, or cooperative
            association that owns or operates a public water system;
                ``(E) an Indian Tribe that owns or operates a public water
            system;
                ``(F) a nonprofit organization that provides technical
            assistance to public water systems; and
                ``(G) a Tribal consortium.
            ``(2) Operational sustainability.--The term `operational
        sustainability' means the ability to improve the operation of a
        small system through the identification and prevention of potable
        water loss due to leaks, breaks, and other metering or
        infrastructure failures.
            ``(3) Program.--The term `program' means the grant program
        established under subsection (b).
            ``(4) Small system.--The term `small system', for the purposes
        of this section, means a public water system that--
                ``(A) serves fewer than 10,000 people; and
                ``(B) is owned or operated by--
                    ``(i) a unit of local government;
                    ``(ii) a public corporation;
                    ``(iii) a nonprofit corporation;
                    ``(iv) a public trust;
                    ``(v) a cooperative association; or
                    ``(vi) an Indian Tribe.
        ``(b) Establishment.--Subject to the availability of
    appropriations, the Administrator shall establish a program to award
    grants to eligible entities for the purpose of improving the
    operational sustainability of 1 or more small systems.
        ``(c) Applications.--To be eligible to receive a grant under the
    program, an eligible entity shall submit to the Administrator an
    application at such time, in such manner, and containing such
    information as the Administrator may require, including--
            ``(1) a proposal of the project to be carried out using grant
        funds under the program;
            ``(2) documentation provided by the eligible entity describing
        the deficiencies or suspected deficiencies in operational
        sustainability of 1 or more small systems that are to be addressed
        through the proposed project;
            ``(3) a description of how the proposed project will improve
        the operational sustainability of 1 or more small systems;
            ``(4) a description of how the improvements described in
        paragraph (3) will be maintained beyond the life of the proposed
        project, including a plan to maintain and update any asset data
        collected as a result of the proposed project; and
            ``(5) any additional information the Administrator may require.
        ``(d) Additional Required Information.--Before the award of funds
    for a grant under the program to a grant recipient, the grant recipient
    shall submit to the Administrator--
            ``(1) if the grant recipient is located in a State that has
        established a State drinking water treatment revolving loan fund
        under section 1452, a copy of a written agreement between the grant
        recipient and the State in which the grant recipient agrees to
        provide a copy of any data collected under the proposed project to
        the State agency administering the State drinking water treatment
        revolving loan fund (or a designee); or
            ``(2) if the grant recipient is located in an area other than a
        State that has established a State drinking water treatment
        revolving loan fund under section 1452, a copy of a written
        agreement between the grant recipient and the Administrator in
        which the eligible entity agrees to provide a copy of any data
        collected under the proposed project to the Administrator (or a
        designee).
        ``(e) Use of Funds.--An eligible entity that receives a grant under
    the program shall use the grant funds to carry out projects that
    improve the operational sustainability of 1 or more small systems
    through--
            ``(1) the development of a detailed asset inventory, which may
        include drinking water sources, wells, storage, valves, treatment
        systems, distribution lines, hydrants, pumps, controls, and other
        essential infrastructure;
            ``(2) the development of an infrastructure asset map, including
        a map that uses technology such as--
                ``(A) geographic information system software; and
                ``(B) global positioning system software;
            ``(3) the deployment of leak detection technology;
            ``(4) the deployment of metering technology;
            ``(5) training in asset management strategies, techniques, and
        technologies for appropriate staff employed by--
                ``(A) the eligible entity; or
                ``(B) the small systems for which the grant was received;
            ``(6) the deployment of strategies, techniques, and
        technologies to enhance the operational sustainability and
        effective use of water resources through water reuse; and
            ``(7) the development or deployment of other strategies,
        techniques, or technologies that the Administrator may determine to
        be appropriate under the program.
        ``(f) Cost Share.--
            ``(1) In general.--Subject to paragraph (2), the Federal share
        of the cost of a project carried out using a grant under the
        program shall be 90 percent of the total cost of the project.
            ``(2) Waiver.--The Administrator may increase the Federal share
        under paragraph (1) to 100 percent.
        ``(g) Report.--Not later than 2 years after the date of enactment
    of this section, the Administrator shall submit to Congress a report
    that describes the implementation of the program, which shall include a
    description of the use and deployment of amounts made available under
    the program.
        ``(h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $50,000,000 for each of fiscal
    years 2022 through 2026.''.
    SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE
    RESILIENCE AND SUSTAINABILITY PROGRAM.
        Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as
    amended by section 50106) is amended by adding at the end the
    following:
    ``SEC. 1459F. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE
    RESILIENCE AND SUSTAINABILITY PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means a
        public water system that serves a community with a population of
        10,000 or more.
            ``(2) Natural hazard; resilience.--The terms `resilience' and
        `natural hazard' have the meanings given those terms in section
        1433(h).
            ``(3) Resilience and sustainability program.--The term
        `resilience and sustainability program' means the Midsize and Large
        Drinking Water System Infrastructure Resilience and Sustainability
        Program established under subsection (b).
        ``(b) Establishment.--The Administrator shall establish and carry
    out a program, to be known as the `Midsize and Large Drinking Water
    System Infrastructure Resilience and Sustainability Program', under
    which the Administrator, subject to the availability of appropriations
    for the resilience and sustainability program, shall award grants to
    eligible entities for the purpose of--
            ``(1) increasing resilience to natural hazards and extreme
        weather events; and
            ``(2) reducing cybersecurity vulnerabilities.
        ``(c) Use of Funds.--An eligible entity may only use grant funds
    received under the resilience and sustainability program to assist in
    the planning, design, construction, implementation, operation, or
    maintenance of a program or project that increases resilience to
    natural hazards and extreme weather events, or reduces cybersecurity
    vulnerabilities, through--
            ``(1) the conservation of water or the enhancement of water-use
        efficiency;
            ``(2) the modification or relocation of existing drinking water
        system infrastructure made, or that is at risk of being,
        significantly impaired by natural hazards or extreme weather
        events, including risks to drinking water from flooding;
            ``(3) the design or construction of new or modified
        desalination facilities to serve existing communities;
            ``(4) the enhancement of water supply through the use of
        watershed management and source water protection;
            ``(5) the enhancement of energy efficiency or the use and
        generation of renewable energy in the conveyance or treatment of
        drinking water;
            ``(6) the development and implementation of measures--
                ``(A) to increase the resilience of the eligible entity to
            natural hazards and extreme weather events; or
                ``(B) to reduce cybersecurity vulnerabilities;
            ``(7) the conservation of water or the enhancement of a water
        supply through the implementation of water reuse measures; or
            ``(8) the formation of regional water partnerships to
        collaboratively address documented water shortages.
        ``(d) Application.--To seek a grant under the resilience and
    sustainability program, an eligible entity shall submit to the
    Administrator an application at such time, in such manner, and
    containing such information as the Administrator may require,
    including--
            ``(1) a proposal of the program or project to be planned,
        designed, constructed, implemented, operated, or maintained by the
        eligible entity;
            ``(2) an identification of the natural hazard risks, extreme
        weather events, or potential cybersecurity vulnerabilities, as
        applicable, to be addressed by the proposed program or project;
            ``(3) documentation prepared by a Federal, State, regional, or
        local government agency of the natural hazard risk, potential
        cybersecurity vulnerability, or risk for extreme weather events to
        the area where the proposed program or project is to be located;
            ``(4) a description of any recent natural hazards,
        cybersecurity events, or extreme weather events that have affected
        the community water system of the eligible entity;
            ``(5) a description of how the proposed program or project
        would improve the performance of the community water system of the
        eligible entity under the anticipated natural hazards,
        cybersecurity vulnerabilities, or extreme weather events; and
            ``(6) an explanation of how the proposed program or project is
        expected--
                ``(A) to enhance the resilience of the community water
            system of the eligible entity to the anticipated natural
            hazards or extreme weather events; or
                ``(B) to reduce cybersecurity vulnerabilities.
        ``(e) Report.--Not later than 2 years after the date of enactment
    of this section, the Administrator shall submit to Congress a report
    that describes the implementation of the resilience and sustainability
    program, which shall include a description of the use and deployment of
    amounts made available to carry out the resilience and sustainability
    program.
        ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out the resilience and sustainability program $50,000,000 for
        each of fiscal years 2022 through 2026.
            ``(2) Use of funds.--Of the amounts made available under
        paragraph (1) for grants to eligible entities under the resilience
        and sustainability program--
                ``(A) 50 percent shall be used to provide grants to
            eligible entities that serve a population of--
                    ``(i) equal to or greater than 10,000; and
                    ``(ii) fewer than 100,000; and
                ``(B) 50 percent shall be used to provide grants to
            eligible entities that serve a population equal to or greater
            than 100,000.
            ``(3) Administrative costs.--Of the amounts made available
        under paragraph (1), not more than 2 percent may be used by the
        Administrator for the administrative costs of carrying out the
        resilience and sustainability program.''.
    SEC. 50108. NEEDS ASSESSMENT FOR NATIONWIDE RURAL AND URBAN LOW-INCOME
    COMMUNITY WATER ASSISTANCE.
        (a) Definitions.--In this section and section 50109:
            (1) Community water system.--The term ``community water
        system'' has the meaning given the term in section 1401 of the Safe
        Drinking Water Act (42 U.S.C. 300f).
            (2) Large water service provider.--The term ``large water
        service provider'' means a community water system, treatment works,
        or municipal separate storm sewer system that serves more than
        100,000 people.
            (3) Medium water service provider.--The term ``medium water
        service provider'' means a community water system, treatment works,
        or municipal separate storm sewer system that serves more than
        10,000 people and not more than 100,000 people.
            (4) Need.--The term ``need'', with respect to a qualifying
        household, means the expenditure of a disproportionate amount of
        household income on access to public drinking water or wastewater
        services.
            (5) Qualifying household.--The term ``qualifying household''
        means a household that--
                (A) includes an individual who is--
                    (i) the holder of an account for drinking water or
                wastewater service that is provided to that household by a
                large water service provider, a medium water service
                provider, or a rural water service provider; or
                    (ii) separately billed by a landlord that holds an
                account with a large water service provider, a medium water
                service provider, or a rural water service provider for the
                cost of drinking water or wastewater service provided to
                that household by the respective large water service
                provider, medium water service provider, or rural water
                service provider; and
                (B) is determined--
                    (i) by a large water service provider, a medium water
                service provider, or a rural water service provider to be
                eligible for assistance through a low-income ratepayer
                assistance program;
                    (ii) by the Governor of the State in which the
                household is located to be low-income, based on the
                affordability criteria established by the State under
                section 1452(d)(3) of the Safe Drinking Water Act (42
                U.S.C. 300j-12(d)(3));
                    (iii) by the Administrator to experience drinking water
                and wastewater service costs that exceed the metrics of
                affordability established in the most recent guidance of
                the Administrator entitled ``Financial Capability
                Assessment Guidance''; or
                    (iv) in the case of a household serviced by a rural
                water service provider, by the State in which the household
                is located to have an annual income that does not exceed
                the greater of--

                        (I) an amount equal to 150 percent of the poverty
                    level of that State; and
                        (II) an amount equal to 60 percent of the State
                    median income for that State.

            (6) Rural water service provider.--The term ``rural water
        service provider'' means a community water system, treatment works,
        or municipal separate storm sewer system that serves not more than
        10,000 people.
            (7) Treatment works.--The term ``treatment works'' has the
        meaning given the term in section 212 of the Federal Water
        Pollution Control Act (33 U.S.C. 1292).
        (b) Study; Report.--
            (1) In general.--The Administrator shall conduct, and submit to
        Congress a report describing the results of, a study that examines
        the prevalence throughout the United States of municipalities,
        public entities, or Tribal governments that--
                (A) are serviced by rural water service providers, medium
            water service providers, or large water service providers that
            service a disproportionate percentage, as determined by the
            Administrator, of qualifying households with need; or
                (B) as determined by the Administrator, have taken on an
            unsustainable level of debt due to customer nonpayment for the
            services provided by a large water service provider, a medium
            water service provider, or a rural water service provider.
            (2) Affordability inclusions.--The report under paragraph (1)
        shall include--
                (A) a definition of the term ``affordable access to water
            services'';
                (B) a description of the criteria used in defining
            ``affordable access to water services'' under subparagraph (A);
                (C) a definition of the term ``lack of affordable access to
            water services'';
                (D) a description of the methodology and criteria used in
            defining ``lack of affordable access to water services'' under
            subparagraph (C);
                (E) a determination of the prevalence of a lack of
            affordable access to water services, as defined under
            subparagraph (C);
                (F) the methodology and criteria used to determine the
            prevalence of a lack of affordable access to water services
            under subparagraph (E);
                (G) any additional information with respect to the
            affordable access to water services, as defined under
            subparagraph (A), provided by rural water service providers,
            medium water service providers, and large water service
            providers;
                (H) with respect to the development of the report, a
            consultation with all relevant stakeholders, including rural
            advocacy associations;
                (I) recommendations of the Administrator regarding the best
            methods to reduce the prevalence of a lack of affordable access
            to water services, as defined under subparagraph (C); and
                (J) a description of the cost of each method described in
            subparagraph (I).
            (3) Agreements.--The Administrator may enter into an agreement
        with another Federal agency to carry out the study under paragraph
        (1).
    SEC. 50109. RURAL AND LOW-INCOME WATER ASSISTANCE PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                (A) a municipality, Tribal government, or other entity
            that--
                    (i) owns or operates a community water system,
                treatment works, or municipal separate storm sewer system;
                or
                    (ii) as determined by the Administrator, has taken on
                an unsustainable level of debt due to customer nonpayment
                for the services provided by a community water system,
                treatment works, or municipal separate storm sewer system;
                and
                (B) a State exercising primary enforcement responsibility
            over a rural water service provider under the Safe Drinking
            Water Act (42 U.S.C. 300f et seq.) or the Federal Water
            Pollution Control Act (33 U.S.C. 1251 et seq.), as applicable.
            (2) Pilot program.--The term ``pilot program'' means the pilot
        program established by the Administrator under subsection (b)(1).
            (3) Water services needs assessment.--The term ``water services
        needs assessment'' means the report required under section
        50108(b)(1).
        (b) Establishment.--
            (1) In general.--Not later than 2 years after the date of
        enactment of this Act, the Administrator shall establish a pilot
        program to award grants to eligible entities to develop and
        implement programs to assist qualifying households with need in
        maintaining access to drinking water and wastewater treatment.
            (2) Requirement.--In establishing the pilot program, the
        Administrator shall ensure that data from the water services needs
        assessment directly contributes to the structure of the pilot
        program by informing the types of assistance and criteria used for
        priority consideration with the demonstrated need from the study
        conducted under section 50108(b)(1) and the water services needs
        assessment.
            (3) Use of funds limitations.--A grant under the pilot
        program--
                (A) shall not be used to replace funds for any existing
            similar program; but
                (B) may be used to supplement or enhance an existing
            program, including a program that receives assistance from
            other Federal grants.
            (4) Term.--The term of a grant awarded under the pilot program
        shall be subject to the availability of appropriations.
            (5) Types of assistance.--In establishing the pilot program,
        the Administrator may include provisions for--
                (A) direct financial assistance;
                (B) a lifeline rate;
                (C) bill discounting;
                (D) special hardship provisions;
                (E) a percentage-of-income payment plan; or
                (F) debt relief for the eligible entity or the community
            water system owned by the eligible entity for debt that is due
            to customer nonpayment for the services provided by the
            eligible entity or the community water system that is
            determined by the Administrator to be in the interest of public
            health.
            (6) Requirement.--The Administrator shall award not more than
        40 grants under the pilot program, of which--
                (A) not more than 8 shall be to eligible entities that own,
            operate, or exercise primary enforcement responsibility over a
            rural water service provider under the Safe Drinking Water Act
            (42 U.S.C. 300f et seq.) or the Federal Water Pollution Control
            Act (33 U.S.C. 1251 et seq.), as applicable;
                (B) not more than 8 shall be to eligible entities that own
            or operate a medium water service provider;
                (C) not more than 8 shall be to eligible entities that own
            or operate a large water service provider that serves not more
            than 500,000 people;
                (D) not more than 8 shall be to eligible entities that own
            or operate a large water service provider that serves more than
            500,000 people; and
                (E) not more than 8 shall be to eligible entities that own
            or operate a community water system, treatment works, or
            municipal separate storm sewer system that services a
            disadvantaged community (consistent with the affordability
            criteria established by the applicable State under section
            1452(d)(3) of the Safe Drinking Water Act (42 U.S.C. 300j-
            12(d)(3)) or section 603(i)(2) of the Federal Water Pollution
            Control Act (33 U.S.C. 1383(i)(2)), as applicable).
            (7) Criteria.--In addition to any priority criteria established
        by the Administrator in response to the findings in the water
        services needs assessment, in awarding grants under the pilot
        program, the Administrator shall give priority consideration to
        eligible entities that--
                (A) serve a disproportionate percentage, as determined by
            the Administrator, of qualifying households with need, as
            identified in the water services needs assessment;
                (B) are subject to State or Federal enforcement actions
            relating to compliance with the Federal Water Pollution Control
            Act (33 U.S.C. 1251 et seq.) or the Safe Drinking Water Act (42
            U.S.C. 300f et seq.); or
                (C) maintain or participate in an existing community
            assistance program with objectives similar to the objectives of
            the pilot program, as determined by the Administrator.
            (8) Reporting requirements.--
                (A) In general.--In addition to any other applicable
            Federal or agency-specific grant reporting requirements, as a
            condition of receiving a grant under the pilot program, an
            eligible entity (or a State, on behalf of an eligible entity)
            shall submit to the Administrator an annual report that
            summarizes, in a manner determined by the Administrator, the
            use of grant funds by the eligible entity, including--
                    (i) key features of the assistance provided by the
                eligible entity;
                    (ii) sources of funding used to supplement Federal
                funds; and
                    (iii) eligibility criteria.
                (B) Publication.--The Administrator shall publish each
            report submitted under subparagraph (A).
        (c) Technical Assistance.--The Administrator shall provide
    technical assistance to each eligible entity, and each State, on behalf
    of an eligible entity, that receives a grant under the pilot program to
    support implementation of the program.
        (d) Report.--Not later than 2 years after the date on which grant
    funds are first disbursed to an eligible entity (or a State, on behalf
    of an eligible entity) under the program, and every year thereafter for
    the duration of the terms of the grants, the Administrator shall submit
    to Congress a report on the results of the pilot program.
    SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.
        Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
    amended--
            (1) in subsection (b)--
                (A) in the first sentence, by inserting ``public water
            systems and'' after ``to assist''; and
                (B) in the third sentence, by inserting ``public water
            systems,'' after ``schools,''; and
            (2) in subsection (d)--
                (A) in the subsection heading, by inserting ``and
            Reduction'' after ``Lead Testing'';
                (B) in paragraph (2)--
                    (i) in subparagraph (A), by striking ``the
                Administrator'' and all that follows through the period at
                the end and inserting the following: ``the Administrator
                shall establish a voluntary school and child care program
                lead testing, compliance monitoring, and lead reduction
                grant program to make grants available to--
                    ``(i) States to assist local educational agencies,
                public water systems that serve schools and child care
                programs under the jurisdiction of those local educational
                agencies, and qualified nonprofit organizations in
                voluntary testing or compliance monitoring for and
                remediation of lead contamination in drinking water at
                schools and child care programs under the jurisdiction of
                those local educational agencies; and
                    ``(ii) tribal consortia to assist tribal education
                agencies (as defined in section 3 of the National
                Environmental Education Act (20 U.S.C. 5502)), public water
                systems that serve schools and child care programs under
                the jurisdiction of those tribal education agencies, and
                qualified nonprofit organizations in voluntary testing or
                compliance monitoring for and remediation of lead
                contamination in drinking water at schools and child care
                programs under the jurisdiction of those tribal education
                agencies.''; and
                    (ii) in subparagraph (B)--

                        (I) in the matter preceding clause (i), by
                    inserting ``or compliance monitoring for or remediation
                    of lead contamination'' after ``voluntary testing'';
                        (II) in clause (i), by striking ``or'' at the end;
                        (III) in clause (ii), by striking the period at the
                    end and inserting a semicolon; and
                        (IV) by adding at the end the following:

                    ``(iii) any public water system that is located in a
                State that does not participate in the voluntary grant
                program established under subparagraph (A) that--

                        ``(I) assists schools or child care programs in
                    lead testing;
                        ``(II) assists schools or child care programs with
                    compliance monitoring;
                        ``(III) assists schools with carrying out projects
                    to remediate lead contamination in drinking water; or
                        ``(IV) provides technical assistance to schools or
                    child care programs in carrying out lead testing; or

                    ``(iv) a qualified nonprofit organization, as
                determined by the Administrator.'';
                (C) in paragraphs (3), (5), (6), and (7), by striking
            ``State or local educational agency'' each place it appears and
            inserting ``State, local educational agency, public water
            system, tribal consortium, or qualified nonprofit
            organization'';
                (D) in paragraph (4)--
                    (i) by striking ``States and local educational
                agencies'' and inserting ``States, local educational
                agencies, public water systems, tribal consortia, and
                qualified nonprofit organizations''; and
                    (ii) by inserting ``or the remediation of'' after
                ``testing for'';
                (E) in paragraph (6)--
                    (i) in the matter preceding subparagraph (A)--

                        (I) by striking ``State or local educational
                    agency'' and inserting ``State, local educational
                    agency, public water system, tribal consortium, or
                    qualified nonprofit agency''; and
                        (II) by inserting ``, public water system, tribal
                    consortium, or qualified nonprofit organization'' after
                    ``each local educational agency'';

                    (ii) in subparagraph (A)(ii)--

                        (I) by inserting ``or tribal'' after ``applicable
                    State''; and
                        (II) by striking ``reducing lead'' and inserting
                    ``voluntary testing or compliance monitoring for and
                    remediation of lead contamination''; and

                    (iii) in subparagraph (B)(i), by inserting
                ``applicable'' before ``local educational agency'';
                (F) in paragraph (7), by striking ``testing for'' and
            inserting ``testing or compliance monitoring for or remediation
            of''; and
                (G) by striking paragraph (8) and inserting the following:
            ``(8) Authorization of appropriations.--There are authorized to
        be appropriated to carry out this subsection--
                ``(A) $30,000,000 for fiscal year 2022;
                ``(B) $35,000,000 for fiscal year 2023;
                ``(C) $40,000,000 for fiscal year 2024;
                ``(D) $45,000,000 for fiscal year 2025; and
                ``(E) $50,000,000 for fiscal year 2026.''.
    SEC. 50111. INDIAN RESERVATION DRINKING WATER PROGRAM.
        Section 2001 of the America's Water Infrastructure Act of 2018 (42
    U.S.C. 300j-3c note; Public Law 115-270) is amended--
            (1) in subsection (a)--
                (A) in the matter preceding paragraph (1), by striking
            ``Subject to the availability of appropriations, the
            Administrator of the Environmental Protection Agency'' and
            inserting ``The Administrator of the Environmental Protection
            Agency (referred to in this section as the `Administrator')'';
            and
                (B) by striking ``to implement'' in the matter preceding
            paragraph (1) and all that follows through the period at the
            end of paragraph (2) and inserting ``to implement eligible
            projects described in subsection (b).'';
            (2) in subsection (b), by striking paragraph (2) and inserting
        the following:
            ``(2) that will--
                ``(A) improve water quality, water pressure, or water
            services through means such as connecting to, expanding,
            repairing, improving, or obtaining water from a public water
            system (as defined in section 1401 of the Safe Drinking Water
            Act (42 U.S.C. 300f)); or
                ``(B) improve water quality or sanitation or wastewater
            services at a treatment works (as defined in section 212 of the
            Federal Water Pollution Control Act (33 U.S.C. 1292)).'';
            (3) by redesignating subsection (d) as subsection (g);
            (4) by striking subsection (c) and inserting the following:
        ``(c) Required Projects.--
            ``(1) In general.--If sufficient projects exist, of the funds
        made available to carry out this section, the Administrator shall
        use 50 percent to carry out--
                ``(A) 10 eligible projects described in subsection (b) that
            are within the Upper Missouri River Basin;
                ``(B) 10 eligible projects described in subsection (b) that
            are within the Upper Rio Grande Basin;
                ``(C) 10 eligible projects described in subsection (b) that
            are within the Columbia River Basin;
                ``(D) 10 eligible projects described in subsection (b) that
            are within the Lower Colorado River Basin; and
                ``(E) 10 eligible projects described in subsection (b) that
            are within the Arkansas-White-Red River Basin.
            ``(2) Requirement.--In carrying out paragraph (1)(A), the
        Administrator shall select not fewer than 2 eligible projects for a
        reservation that serves more than 1 federally recognized Indian
        Tribe.
        ``(d) Priority.--In selecting projects to carry out under this
    section, the Administrator shall give priority to projects that--
            ``(1) respond to emergency situations occurring due to or
        resulting in a lack of access to clean drinking water that
        threatens the health of Tribal populations;
            ``(2) would serve a Tribal population that would qualify as a
        disadvantaged community based on the affordability criteria
        established by the applicable State under section 1452(d)(3) of the
        Safe Drinking Water Act (42 U.S.C. 300j-12(d)(3)); or
            ``(3) would address the underlying factors contributing to--
                ``(A) an enforcement action commenced pursuant to the Safe
            Drinking Water Act (42 U.S.C. 300f et seq.) against the
            applicable public water system (as defined in section 1401 of
            that Act (42 U.S.C. 300f)) as of the date of enactment of this
            subparagraph; or
                ``(B) an enforcement action commenced pursuant to the
            Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)
            against the applicable treatment works (as defined in section
            212 of that Act (33 U.S.C. 1292)) as of the date of enactment
            of this subparagraph.
        ``(e) Federal Share.--The Federal share of the cost of a project
    carried out under this section shall be 100 percent.
        ``(f) Report.--Not later than 2 years after the date of enactment
    of this subsection, the Administrator shall submit to Congress a report
    that describes the implementation of the program established under
    subsection (a), which shall include a description of the use and
    deployment of amounts made available under that program.''; and
            (5) in subsection (g) (as so redesignated)--
                (A) by striking ``There is'' and inserting ``There are'';
                (B) by striking ``subsection (a) $20,000,000'' and
            inserting the following: ``subsection (a)--
            ``(1) $20,000,000'';
                (C) in paragraph (1) (as so designated), by striking
            ``2022.'' and inserting ``2021; and''; and
                (D) by adding at the end the following:
            ``(2) $50,000,000 for each of fiscal years 2022 through
        2026.''.
    SEC. 50112. ADVANCED DRINKING WATER TECHNOLOGIES.
        Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as
    amended by section 50107) is amended by adding at the end the
    following:
    ``SEC. 1459G. ADVANCED DRINKING WATER TECHNOLOGIES.
        ``(a) Study.--
            ``(1) In general.--Subject to the availability of
        appropriations, not later than 1 year after the date of enactment
        of this section, the Administrator shall carry out a study that
        examines the state of existing and potential future technology,
        including technology that could address cybersecurity
        vulnerabilities, that enhances or could enhance the treatment,
        monitoring, affordability, efficiency, and safety of drinking water
        provided by a public water system.
            ``(2) Report.--The Administrator shall submit to the Committee
        on Environment and Public Works of the Senate and the Committee on
        Energy and Commerce of the House of Representatives a report that
        describes the results of the study under paragraph (1).
        ``(b) Advanced Drinking Water Technology Grant Program.--
            ``(1) Definitions.--In this subsection:
                ``(A) Eligible entity.--The term `eligible entity' means
            the owner or operator of a public water system that--
                    ``(i) serves--

                        ``(I) a population of not more than 100,000 people;
                    or
                        ``(II) a community described in section
                    1459A(c)(2);

                    ``(ii) has plans to identify or has identified
                opportunities in the operations of the public water system
                to employ new, existing, or emerging, yet proven,
                technologies, including technology that could address
                cybersecurity vulnerabilities, as determined by the
                Administrator, that enhance treatment, monitoring,
                affordability, efficiency, or safety of the drinking water
                provided by the public water system, including technologies
                not identified in the study conducted under subsection
                (a)(1); and
                    ``(iii) has expressed an interest in the opportunities
                in the operation of the public water system to employ new,
                existing, or emerging, yet proven, technologies, including
                technology that could address cybersecurity
                vulnerabilities, as determined by the Administrator, that
                enhance treatment, monitoring, affordability, efficiency,
                or safety of the drinking water provided by the public
                water system, including technologies not identified in the
                study conducted under subsection (a)(1).
                ``(B) Program.--The term `program' means the competitive
            grant program established under paragraph (2).
            ``(2) Establishment.--The Administrator shall establish a
        competitive grant program under which the Administrator shall award
        grants to eligible entities for the purpose of identifying,
        deploying, or identifying and deploying technologies described in
        paragraph (1)(A)(ii).
            ``(3) Requirements.--
                ``(A) Applications.--To be eligible to receive a grant
            under the program, an eligible entity shall submit to the
            Administrator an application at such time, in such manner, and
            containing such information as the Administrator may require.
                ``(B) Federal share.--
                    ``(i) In general.--Subject to clause (ii), the Federal
                share of the cost of a project carried out using a grant
                under the program shall not exceed 90 percent of the total
                cost of the project.
                    ``(ii) Waiver.--The Administrator may increase the
                Federal share under clause (i) to 100 percent if the
                Administrator determines that an eligible entity is unable
                to pay, or would experience significant financial hardship
                if required to pay, the non-Federal share.
            ``(4) Report.--Not later than 2 years after the date on which
        the Administrator first awards a grant under the program, and
        annually thereafter, the Administrator shall submit to Congress a
        report describing--
                ``(A) each recipient of a grant under the program during
            the previous 1-year period; and
                ``(B) a summary of the activities carried out using grants
            awarded under the program.
            ``(5) Funding.--
                ``(A) Authorization of appropriations.--There is authorized
            to be appropriated to carry out the program $10,000,000 for
            each of fiscal years 2022 through 2026, to remain available
            until expended.
                ``(B) Administrative costs.--Not more than 2 percent of the
            amount made available for a fiscal year under subparagraph (A)
            to carry out the program may be used by the Administrator for
            the administrative costs of carrying out the program.''.
    SEC. 50113. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
        Part B of the Safe Drinking Water Act (42 U.S.C. 300g et seq.) is
    amended by adding at the end the following:
    ``SEC. 1420A. CYBERSECURITY SUPPORT FOR PUBLIC WATER SYSTEMS.
        ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term
        `appropriate Congressional committees' means--
                ``(A) the Committee on Environment and Public Works of the
            Senate;
                ``(B) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                ``(C) the Committee on Energy and Commerce of the House of
            Representatives; and
                ``(D) the Committee on Homeland Security of the House of
            Representatives.
            ``(2) Director.--The term `Director' means the Director of the
        Cybersecurity and Infrastructure Security Agency.
            ``(3) Incident.--The term `incident' has the meaning given the
        term in section 3552 of title 44, United States Code.
            ``(4) Prioritization framework.--The term `Prioritization
        Framework' means the prioritization framework developed by the
        Administrator under subsection (b)(1)(A).
            ``(5) Support plan.--The term `Support Plan' means the
        Technical Cybersecurity Support Plan developed by the Administrator
        under subsection (b)(2)(A).
        ``(b) Identification of and Support for Public Water Systems.--
            ``(1) Prioritization framework.--
                ``(A) In general.--Not later than 180 days after the date
            of enactment of this section, the Administrator, in
            coordination with the Director, shall develop a prioritization
            framework to identify public water systems (including sources
            of water for those public water systems) that, if degraded or
            rendered inoperable due to an incident, would lead to
            significant impacts on the health and safety of the public.
                ``(B) Considerations.--In developing the Prioritization
            Framework, to the extent practicable, the Administrator shall
            incorporate consideration of--
                    ``(i) whether cybersecurity vulnerabilities for a
                public water system have been identified under section
                1433;
                    ``(ii) the capacity of a public water system to
                remediate a cybersecurity vulnerability without additional
                Federal support;
                    ``(iii) whether a public water system serves a defense
                installation or critical national security asset; and
                    ``(iv) whether a public water system, if degraded or
                rendered inoperable due to an incident, would cause a
                cascading failure of other critical infrastructure.
            ``(2) Technical cybersecurity support plan.--
                ``(A) In general.--Not later than 270 days after the date
            of enactment of this section, the Administrator, in
            coordination with the Director and using existing authorities
            of the Administrator and the Director for providing voluntary
            support to public water systems and the Prioritization
            Framework, shall develop a Technical Cybersecurity Support Plan
            for public water systems.
                ``(B) Requirements.--The Support Plan--
                    ``(i) shall establish a methodology for identifying
                specific public water systems for which cybersecurity
                support should be prioritized;
                    ``(ii) shall establish timelines for making voluntary
                technical support for cybersecurity available to specific
                public water systems;
                    ``(iii) may include public water systems identified by
                the Administrator, in coordination with the Director, as
                needing technical support for cybersecurity;
                    ``(iv) shall include specific capabilities of the
                Administrator and the Director that may be utilized to
                provide support to public water systems under the Support
                Plan, including--

                        ``(I) site vulnerability and risk assessments;
                        ``(II) penetration tests; and
                        ``(III) any additional support determined to be
                    appropriate by the Administrator; and

                    ``(v) shall only include plans for providing voluntary
                support to public water systems.
            ``(3) Consultation required.--In developing the Prioritization
        Framework pursuant to paragraph (1) and the Support Plan pursuant
        to paragraph (2), the Administrator shall consult with such Federal
        or non-Federal entities as determined to be appropriate by the
        Administrator.
            ``(4) Reports required.--
                ``(A) Prioritization framework.--Not later than 190 days
            after the date of enactment of this section, the Administrator
            shall submit to the appropriate Congressional committees a
            report describing the Prioritization Framework.
                ``(B) Technical cybersecurity support plan.--Not later than
            280 days after the date of enactment of this section, the
            Administrator shall submit to the appropriate Congressional
            committees--
                    ``(i) the Support Plan; and
                    ``(ii) a list describing any public water systems
                identified by the Administrator, in coordination with the
                Director, as needing technical support for cybersecurity
                during the development of the Support Plan.
        ``(c) Rules of Construction.--Nothing in this section--
            ``(1) alters the existing authorities of the Administrator; or
            ``(2) compels a public water system to accept technical support
        offered by the Administrator.''.
    SEC. 50114. STATE RESPONSE TO CONTAMINANTS.
        Section 1459A(j)(1) of the Safe Drinking Water Act (42 U.S.C. 300j-
    19a(j)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking ``an
        underserved community'' and inserting ``a community described in
        subsection (c)(2)''; and
            (2) in subparagraph (A)(i), by striking ``such underserved''
        and inserting ``that''.
    SEC. 50115. ANNUAL STUDY ON BOIL WATER ADVISORIES.
        (a) In General.--Not later than 1 year after the date of enactment
    of this Act, and annually thereafter, the Administrator shall conduct a
    study on the prevalence of boil water advisories issued in the United
    States.
        (b) Report.--
            (1) In general.--The Administrator shall submit to Congress a
        report describing the results of the most recent study conducted
        under subsection (a) as part of the annual budget request
        transmitted to Congress under section 1105(a) of title 31, United
        States Code.
            (2) Requirement.--In the annual report required under paragraph
        (1), the Administrator shall include a description of the reasons
        for which boil water advisories were issued during the year covered
        by the report.

                             TITLE II--CLEAN WATER

    SEC. 50201. RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION.
        (a) Reauthorization.--Section 104(u) of the Federal Water Pollution
    Control Act (33 U.S.C. 1254(u)) is amended--
            (1) by striking ``and (7)'' and inserting ``(7)''; and
            (2) in paragraph (7)--
                (A) by striking ``2023'' and inserting ``2021''; and
                (B) by striking the period at the end and inserting ``; and
            (8) not to exceed $75,000,000 for each of fiscal years 2022
            through 2026 for carrying out subsections (b)(3), (b)(8), and
            (g), of which not less than $50,000,000 each fiscal year shall
            be used to carry out subsection (b)(8).''.
        (b) Communication.--Each nonprofit organization that receives
    funding under paragraph (8) of section 104(b) of the Federal Water
    Pollution Control Act (33 U.S.C. 1254(b)) shall, before using that
    funding to undertake activities to carry out that paragraph, consult
    with the State in which the assistance is to be expended or otherwise
    made available.
        (c) Report.--Not later than 2 years after the date of enactment of
    this Act, the Administrator shall submit to Congress a report that
    describes the implementation of the grants authorized under subsections
    (b)(3), (b)(8), and (g) of section 104 of the Federal Water Pollution
    Control Act (33 U.S.C. 1254), which shall include a description of the
    grant recipients and grant amounts made available to carry out those
    subsections.
    SEC. 50202. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
        Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
    et seq.) is amended by adding at the end the following:
        ``SEC. 222. WASTEWATER EFFICIENCY GRANT PILOT PROGRAM.
        ``(a) Establishment.--Subject to the availability of
    appropriations, the Administrator shall establish a wastewater
    efficiency grant pilot program (referred to in this section as the
    `pilot program') to award grants to owners or operators of publicly
    owned treatment works to carry out projects that create or improve
    waste-to-energy systems.
        ``(b) Selection.--
            ``(1) Applications.--To be eligible to receive a grant under
        the pilot program, an owner or operator of a treatment works shall
        submit to the Administrator an application at such time, in such
        manner, and containing such information as the Administrator may
        require.
            ``(2) Number of recipients.--The Administrator shall select not
        more than 15 recipients of grants under the pilot program from
        applications submitted under paragraph (1).
        ``(c) Use of Funds.--
            ``(1) In general.--Subject to paragraph (2), a recipient of a
        grant under the pilot program may use grant funds for--
                ``(A) sludge collection;
                ``(B) installation of anaerobic digesters;
                ``(C) methane capture;
                ``(D) methane transfer;
                ``(E) facility upgrades and retrofits necessary to create
            or improve waste-to-energy systems; and
                ``(F) other new and emerging, but proven, technologies that
            transform waste to energy.
            ``(2) Limitation.--A grant to a recipient under the pilot
        program shall be not more than $4,000,000.
        ``(d) Reports.--
            ``(1) Report to the administrator.--Not later than 2 years
        after receiving a grant under the pilot program and each year
        thereafter for which amounts are made available for the pilot
        program under subsection (e), the recipient of the grant shall
        submit to the Administrator a report describing the impact of that
        project on the communities within 3 miles of the treatment works.
            ``(2) Report to congress.--Not later than 1 year after first
        awarding grants under the pilot program and each year thereafter
        for which amounts are made available for the pilot program under
        subsection (e), the Administrator shall submit to Congress a report
        describing--
                ``(A) the applications received by the Administrator for
            grants under the pilot program; and
                ``(B) the projects for which grants were awarded under the
            pilot program.
        ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out the pilot program $20,000,000 for each of fiscal years
        2022 through 2026, to remain available until expended.
            ``(2) Limitation on use of funds.--Of the amounts made
        available for grants under paragraph (1), not more than 2 percent
        may be used to pay the administrative costs of the
        Administrator.''.
    SEC. 50203. PILOT PROGRAM FOR ALTERNATIVE WATER SOURCE PROJECTS.
        Section 220 of the Federal Water Pollution Control Act (33 U.S.C.
    1300) is amended--
            (1) in subsection (b), in the heading, by striking ``In
        General'' and inserting ``Establishment'';
            (2) in subsection (d)--
                (A) in paragraph (1), by inserting ``construction'' before
            ``funds'';
                (B) by striking paragraph (2); and
                (C) by redesignating paragraph (3) as paragraph (2);
            (3) by striking subsection (e);
            (4) in subsection (i)--
                (A) in the matter preceding paragraph (1), by striking ``,
            the following definitions apply''; and
                (B) in paragraph (1), in the first sentence, by striking
            ``water or wastewater or by treating wastewater'' and inserting
            ``water, wastewater, or stormwater or by treating wastewater or
            stormwater for groundwater recharge, potable reuse, or other
            purposes'';
            (5) in subsection (j)--
                (A) in the first sentence, by striking ``There is'' and
            inserting the following:
            ``(1) In general.--There is'';
                (B) in paragraph (1) (as so designated), by striking ``a
            total of $75,000,000 for fiscal years 2002 through 2004. Such
            sums shall'' and inserting ``$25,000,000 for each of fiscal
            years 2022 through 2026, to''; and
                (C) by adding at the end the following:
            ``(2) Limitation on use of funds.--Of the amounts made
        available for grants under paragraph (1), not more than 2 percent
        may be used to pay the administrative costs of the
        Administrator.''; and
            (6) by redesignating subsections (b), (c), (d), (i), and (j) as
        subsections (c), (d), (e), (b), and (i), respectively, and moving
        those subsections so as to appear in alphabetical order.
    SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.
        Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
    1301) is amended--
            (1) in subsection (a)(1) --
                (A) in subparagraph (A), by striking ``and'' at the end;
                (B) by redesignating subparagraph (B) as subparagraph (C);
            and
                (C) by inserting after subparagraph (A) the following:
                ``(B) notification systems to inform the public of combined
            sewer or sanitary overflows that result in sewage being
            released into rivers and other waters; and'';
            (2) in subsection (d)--
                (A) in the second sentence, by striking ``The non-Federal
            share of the cost'' and inserting the following:
            ``(3) Types of non-federal share.--The applicable non-Federal
        share of the cost under this subsection'';
                (B) in the first sentence, by striking ``The Federal'' and
            inserting the following:
            ``(1) In general.--The Federal''; and
                (C) by inserting after paragraph (1) (as so designated) the
            following:
            ``(2) Rural and financially distressed communities.--To the
        maximum extent practicable, the Administrator shall work with
        States to prevent the non-Federal share requirements under this
        subsection from being passed on to rural communities and
        financially distressed communities (as those terms are defined in
        subsection (f)(2)(B)(i)).'';
            (3) in subsection (f)--
                (A) by striking paragraph (1) and inserting the following:
            ``(1) In general.--There is authorized to be appropriated to
        carry out this section $280,000,000 for each of fiscal years 2022
        through 2026.''; and
                (B) in paragraph (2)--
                    (i) by striking ``To the extent'' and inserting the
                following:
                ``(A) Green projects.--To the extent''; and
                    (ii) by adding at the end the following:
                ``(B) Rural or financially distressed community
            allocation.--
                    ``(i) Definitions.--In this subparagraph:

                        ``(I) Financially distressed community.--The term
                    `financially distressed community' has the meaning
                    given the term in subsection (c)(1).
                        ``(II) Rural community.--The term `rural community'
                    means a city, town, or unincorporated area that has a
                    population of not more than 10,000 inhabitants.

                    ``(ii) Allocation.--

                        ``(I) In general.--To the extent there are
                    sufficient eligible project applications, the
                    Administrator shall ensure that a State uses not less
                    than 25 percent of the amount of the grants made to the
                    State under subsection (a) in a fiscal year to carry
                    out projects in rural communities or financially
                    distressed communities for the purpose of planning,
                    design, and construction of--

                            ``(aa) treatment works to intercept, transport,
                        control, treat, or reuse municipal sewer overflows,
                        sanitary sewer overflows, or stormwater; or
                            ``(bb) any other measures to manage, reduce,
                        treat, or recapture stormwater or subsurface
                        drainage water eligible for assistance under
                        section 603(c).

                        ``(II) Rural communities.--Of the funds allocated
                    under subclause (I) for the purposes described in that
                    subclause, to the extent there are sufficient eligible
                    project applications, the Administrator shall ensure
                    that a State uses not less than 60 percent to carry out
                    projects in rural communities.''; and

            (4) in subsection (i)--
                (A) in the second sentence, by striking ``The recommended
            funding levels'' and inserting the following:
                ``(B) Requirement.--The funding levels recommended under
            subparagraph (A)(i)'';
                (B) in the first sentence, by striking ``Not later'' and
            inserting the following:
            ``(1) Periodic reports.--
                ``(A) In general.--Not later'';
                (C) in paragraph (1)(A) (as so designated)--
                    (i) by striking the period at the end and inserting ``;
                and'';
                    (ii) by striking ``containing recommended'' and
                inserting the following: ``containing--
                    ``(i) recommended''; and
                    (iii) by adding at the end the following:
                    ``(ii) a description of the extent to which States pass
                costs associated with the non-Federal share requirements
                under subsection (d) to local communities, with a focus on
                rural communities and financially distressed communities
                (as those terms are defined in subsection (f)(2)(B)(i)).'';
                and
                (D) by adding at the end the following:
            ``(2) Use of funds.--Not later than 2 years after the date of
        enactment of this paragraph, the Administrator shall submit to the
        Committee on Environment and Public Works of the Senate and the
        Committee on Transportation and Infrastructure of the House of
        Representatives a report that describes the implementation of the
        grant program under this section, which shall include a description
        of the grant recipients, sources of funds for non-Federal share
        requirements under subsection (d), and grant amounts made available
        under the program.''.
    SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND SUSTAINABILITY
    PROGRAM.
        Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
    et seq.) (as amended by section 50202) is amended by adding at the end
    the following:
        ``SEC. 223. CLEAN WATER INFRASTRUCTURE RESILIENCY AND
          SUSTAINABILITY PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                ``(A) a municipality; or
                ``(B) an intermunicipal, interstate, or State agency.
            ``(2) Natural hazard.--The term `natural hazard' means a hazard
        caused by natural forces, including extreme weather events, sea-
        level rise, and extreme drought conditions.
            ``(3) Program.--The term `program' means the clean water
        infrastructure resilience and sustainability program established
        under subsection (b).
        ``(b) Establishment.--Subject to the availability of
    appropriations, the Administrator shall establish a clean water
    infrastructure resilience and sustainability program under which the
    Administrator shall award grants to eligible entities for the purpose
    of increasing the resilience of publicly owned treatment works to a
    natural hazard or cybersecurity vulnerabilities.
        ``(c) Use of Funds.--An eligible entity that receives a grant under
    the program shall use the grant funds for planning, designing, or
    constructing projects (on a system-wide or area-wide basis) that
    increase the resilience of a publicly owned treatment works to a
    natural hazard or cybersecurity vulnerabilities through--
            ``(1) the conservation of water;
            ``(2) the enhancement of water use efficiency;
            ``(3) the enhancement of wastewater and stormwater management
        by increasing watershed preservation and protection, including
        through the use of--
                ``(A) natural and engineered green infrastructure; and
                ``(B) reclamation and reuse of wastewater and stormwater,
            such as aquifer recharge zones;
            ``(4) the modification or relocation of an existing publicly
        owned treatment works, conveyance, or discharge system component
        that is at risk of being significantly impaired or damaged by a
        natural hazard;
            ``(5) the development and implementation of projects to
        increase the resilience of publicly owned treatment works to a
        natural hazard or cybersecurity vulnerabilities, as applicable; or
            ``(6) the enhancement of energy efficiency or the use and
        generation of recovered or renewable energy in the management,
        treatment, or conveyance of wastewater or stormwater.
        ``(d) Application.--To be eligible to receive a grant under the
    program, an eligible entity shall submit to the Administrator an
    application at such time, in such manner, and containing such
    information as the Administrator may require, including--
            ``(1) a proposal of the project to be planned, designed, or
        constructed using funds under the program;
            ``(2) an identification of the natural hazard risk of the area
        where the proposed project is to be located or potential
        cybersecurity vulnerability, as applicable, to be addressed by the
        proposed project;
            ``(3) documentation prepared by a Federal, State, regional, or
        local government agency of the natural hazard risk of the area
        where the proposed project is to be located or potential
        cybersecurity vulnerability, as applicable, of the area where the
        proposed project is to be located;
            ``(4) a description of any recent natural hazard risk of the
        area where the proposed project is to be located or potential
        cybersecurity vulnerabilities that have affected the publicly owned
        treatment works;
            ``(5) a description of how the proposed project would improve
        the performance of the publicly owned treatment works under an
        anticipated natural hazard or natural hazard risk of the area where
        the proposed project is to be located or a potential cybersecurity
        vulnerability, as applicable; and
            ``(6) an explanation of how the proposed project is expected to
        enhance the resilience of the publicly owned treatment works to a
        natural hazard risk of the area where the proposed project is to be
        located or a potential cybersecurity vulnerability, as applicable.
        ``(e) Grant Amount and Other Federal Requirements.--
            ``(1) Cost share.--Except as provided in paragraph (2), a grant
        under the program shall not exceed 75 percent of the total cost of
        the proposed project.
            ``(2) Exception.--
                ``(A) In general.--Except as provided in subparagraph (B),
            a grant under the program shall not exceed 90 percent of the
            total cost of the proposed project if the project serves a
            community that--
                    ``(i) has a population of fewer than 10,000
                individuals; or
                    ``(ii) meets the affordability criteria established by
                the State in which the community is located under section
                603(i)(2).
                ``(B) Waiver.--At the discretion of the Administrator, a
            grant for a project described in subparagraph (A) may cover 100
            percent of the total cost of the proposed project.
            ``(3) Requirements.--The requirements of section 608 shall
        apply to a project funded with a grant under the program.
        ``(f) Report.--Not later than 2 years after the date of enactment
    of this section, the Administrator shall submit to Congress a report
    that describes the implementation of the program, which shall include
    an accounting of all grants awarded under the program, including a
    description of each grant recipient and each project funded using a
    grant under the program.
        ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out this section $25,000,000 for each of fiscal years 2022
        through 2026.
            ``(2) Limitation on use of funds.--Of the amounts made
        available for grants under paragraph (1), not more than 2 percent
        may be used to pay the administrative costs of the
        Administrator.''.
    SEC. 50206. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT
    RIDER PROGRAM.
        Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
    et seq.) (as amended by section 50205) is amended by adding at the end
    the following:
        ``SEC. 224. SMALL AND MEDIUM PUBLICLY OWNED TREATMENT WORKS CIRCUIT
          RIDER PROGRAM.
        ``(a) Establishment.--Subject to the availability of
    appropriations, not later than 180 days after the date of enactment of
    this section, the Administrator shall establish a circuit rider program
    (referred to in this section as the `circuit rider program') under
    which the Administrator shall award grants to qualified nonprofit
    entities, as determined by the Administrator, to provide assistance to
    owners and operators of small and medium publicly owned treatment works
    to carry out the activities described in section 602(b)(13).
        ``(b) Limitation.--A grant provided under the circuit rider program
    shall be in an amount that is not more than $75,000.
        ``(c) Prioritization.--In selecting recipients of grants under the
    circuit rider program, the Administrator shall give priority to
    qualified nonprofit entities, as determined by the Administrator, that
    would serve a community that--
            ``(1) has a history, for not less than the 10 years prior to
        the award of the grant, of unresolved wastewater issues, stormwater
        issues, or a combination of wastewater and stormwater issues;
            ``(2) is considered financially distressed;
            ``(3) faces the cumulative burden of stormwater and wastewater
        overflow issues; or
            ``(4) has previously failed to access Federal technical
        assistance due to cost-sharing requirements.
        ``(d) Communication.--Each qualified nonprofit entity that receives
    funding under this section shall, before using that funding to
    undertake activities to carry out this section, consult with the State
    in which the assistance is to be expended or otherwise made available.
        ``(e) Report.--Not later than 2 years after the date on which the
    Administrator establishes the circuit rider program, and every 2 years
    thereafter, the Administrator shall submit to Congress a report
    describing--
            ``(1) each recipient of a grant under the circuit rider
        program; and
            ``(2) a summary of the activities carried out under the circuit
        rider program.
        ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out this section $10,000,000 for the period of fiscal years
        2022 through 2026.
            ``(2) Limitation on use of funds.--Of the amounts made
        available for grants under paragraph (1), not more than 2 percent
        may be used to pay the administrative costs of the
        Administrator.''.
    SEC. 50207. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT
    PROGRAM.
        Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
    et seq.) (as amended by section 50206) is amended by adding at the end
    the following:
        ``SEC. 225. SMALL PUBLICLY OWNED TREATMENT WORKS EFFICIENCY GRANT
          PROGRAM.
        ``(a) Establishment.--Subject to the availability of
    appropriations, not later than 180 days after the date of enactment of
    this section, the Administrator shall establish an efficiency grant
    program (referred to in this section as the `efficiency grant program')
    under which the Administrator shall award grants to eligible entities
    for the replacement or repair of equipment that improves water or
    energy efficiency of small publicly owned treatment works, as
    identified in an efficiency audit.
        ``(b) Eligible Entities.--The Administrator may award a grant under
    the efficiency grant program to--
            ``(1) an owner or operator of a small publicly owned treatment
        works that serves--
                ``(A) a population of not more than 10,000 people; or
                ``(B) a disadvantaged community; or
            ``(2) a nonprofit organization that seeks to assist a small
        publicly owned treatment works described in paragraph (1) to carry
        out the activities described in subsection (a).
        ``(c) Report.--Not later than 2 years after the date on which the
    Administrator establishes the efficiency grant program, and every 2
    years thereafter, the Administrator shall submit to Congress a report
    describing--
            ``(1) each recipient of a grant under the efficiency grant
        program; and
            ``(2) a summary of the activities carried out under the
        efficiency grant program.
        ``(d) Use of Funds.--
            ``(1) Small systems.--Of the amounts made available for grants
        under this section, to the extent that there are sufficient
        applications, not less than 15 percent shall be used for grants to
        publicly owned treatment works that serve fewer than 3,300 people.
            ``(2) Limitation on use of funds.--Of the amounts made
        available for grants under this section, not more than 2 percent
        may be used to pay the administrative costs of the
        Administrator.''.
    SEC. 50208. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL
    HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH LOW OR
    MODERATE INCOME.
        Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
    et seq.) (as amended by section 50207) is amended by adding at the end
    the following:
        ``SEC. 226. GRANTS FOR CONSTRUCTION AND REFURBISHING OF INDIVIDUAL
          HOUSEHOLD DECENTRALIZED WASTEWATER SYSTEMS FOR INDIVIDUALS WITH
          LOW OR MODERATE INCOME.
        ``(a) Definition of Eligible Individual.--In this section, the term
    `eligible individual' means a member of a low-income or moderate-income
    household, the members of which have a combined income (for the most
    recent 12-month period for which information is available) equal to not
    more than 50 percent of the median nonmetropolitan household income for
    the State or territory in which the household is located, according to
    the most recent decennial census.
        ``(b) Grant Program.--
            ``(1) In general.--Subject to the availability of
        appropriations, the Administrator shall establish a program under
        which the Administrator shall provide grants to private nonprofit
        organizations for the purpose of improving general welfare by
        providing assistance to eligible individuals--
                ``(A) for the construction, repair, or replacement of an
            individual household decentralized wastewater treatment system;
            or
                ``(B) for the installation of a larger decentralized
            wastewater system designed to provide treatment for 2 or more
            households in which eligible individuals reside, if--
                    ``(i) site conditions at the households are unsuitable
                for the installation of an individually owned decentralized
                wastewater system;
                    ``(ii) multiple examples of unsuitable site conditions
                exist in close geographic proximity to each other; and
                    ``(iii) a larger decentralized wastewater system could
                be cost-effectively installed.
            ``(2) Application.--To be eligible to receive a grant under
        this subsection, a private nonprofit organization shall submit to
        the Administrator an application at such time, in such manner, and
        containing such information as the Administrator determines to be
        appropriate.
            ``(3) Priority.--In awarding grants under this subsection, the
        Administrator shall give priority to applicants that have
        substantial expertise and experience in promoting the safe and
        effective use of individual household decentralized wastewater
        systems.
            ``(4) Administrative expenses.--A private nonprofit
        organization may use amounts provided under this subsection to pay
        the administrative expenses associated with the provision of the
        services described in paragraph (1), as the Administrator
        determines to be appropriate.
        ``(c) Grants.--
            ``(1) In general.--Subject to paragraph (2), a private
        nonprofit organization shall use a grant provided under subsection
        (b) for the services described in paragraph (1) of that subsection.
            ``(2) Application.--To be eligible to receive the services
        described in subsection (b)(1), an eligible individual shall submit
        to the private nonprofit organization serving the area in which the
        individual household decentralized wastewater system of the
        eligible individuals is, or is proposed to be, located an
        application at such time, in such manner, and containing such
        information as the private nonprofit organization determines to be
        appropriate.
            ``(3) Priority.--In awarding grants under this subsection, a
        private nonprofit organization shall give priority to any eligible
        individual who does not have access to a sanitary sewage disposal
        system.
        ``(d) Report.--Not later than 2 years after the date of enactment
    of this section, the Administrator shall submit to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report describing the recipients of grants under the program under this
    section and the results of the program under this section.
        ``(e) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        the Administrator to carry out this section $50,000,000 for each of
        fiscal years 2022 through 2026.
            ``(2) Limitation on use of funds.--Of the amounts made
        available for grants under paragraph (1), not more than 2 percent
        may be used to pay the administrative costs of the
        Administrator.''.
    SEC. 50209. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
        Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281
    et seq.) (as amended by section 50208) is amended by adding at the end
    the following:
        ``SEC. 227. CONNECTION TO PUBLICLY OWNED TREATMENT WORKS.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                ``(A) an owner or operator of a publicly owned treatment
            works that assists or is seeking to assist low-income or
            moderate-income individuals with connecting the household of
            the individual to the publicly owned treatment works; or
                ``(B) a nonprofit entity that assists low-income or
            moderate-income individuals with the costs associated with
            connecting the household of the individual to a publicly owned
            treatment works.
            ``(2) Program.--The term `program' means the competitive grant
        program established under subsection (b).
            ``(3) Qualified individual.--The term `qualified individual'
        has the meaning given the term `eligible individual' in section
        603(j).
        ``(b) Establishment.--Subject to the availability of
    appropriations, the Administrator shall establish a competitive grant
    program with the purpose of improving general welfare, under which the
    Administrator awards grants to eligible entities to provide funds to
    assist qualified individuals in covering the costs incurred by the
    qualified individual in connecting the household of the qualified
    individual to a publicly owned treatment works.
        ``(c) Application.--
            ``(1) In general.--An eligible entity seeking a grant under the
        program shall submit to the Administrator an application at such
        time, in such manner, and containing such information as the
        Administrator may by regulation require.
            ``(2) Requirement.--Not later than 90 days after the date on
        which the Administrator receives an application from an eligible
        entity under paragraph (1), the Administrator shall notify the
        eligible entity of whether the Administrator will award a grant to
        the eligible entity under the program.
        ``(d) Selection Criteria.--In selecting recipients of grants under
    the program, the Administrator shall use the following criteria:
            ``(1) Whether the eligible entity seeking a grant provides
        services to, or works directly with, qualified individuals.
            ``(2) Whether the eligible entity seeking a grant--
                ``(A) has an existing program to assist in covering the
            costs incurred in connecting a household to a publicly owned
            treatment works; or
                ``(B) seeks to create a program described in subparagraph
            (A).
        ``(e) Requirements.--
            ``(1) Voluntary connection.--Before providing funds to a
        qualified individual for the costs described in subsection (b), an
        eligible entity shall ensure that--
                ``(A) the qualified individual has connected to the
            publicly owned treatment works voluntarily; and
                ``(B) if the eligible entity is not the owner or operator
            of the publicly owned treatment works to which the qualified
            individual has connected, the publicly owned treatment works to
            which the qualified individual has connected has agreed to the
            connection.
            ``(2) Reimbursements from publicly owned treatment works.--An
        eligible entity that is an owner or operator of a publicly owned
        treatment works may reimburse a qualified individual that has
        already incurred the costs described in subsection (b) by--
                ``(A) reducing the amount otherwise owed by the qualified
            individual to the owner or operator for wastewater or other
            services provided by the owner or operator; or
                ``(B) providing a direct payment to the qualified
            individual.
        ``(f) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated to
        carry out the program $40,000,000 for each of fiscal years 2022
        through 2026.
            ``(2) Limitations on use of funds.--
                ``(A) Small systems.--Of the amounts made available for
            grants under paragraph (1), to the extent that there are
            sufficient applications, not less than 15 percent shall be used
            to make grants to--
                    ``(i) eligible entities described in subsection
                (a)(1)(A) that are owners and operators of publicly owned
                treatment works that serve fewer than 3,300 people; and
                    ``(ii) eligible entities described in subsection
                (a)(1)(B) that provide the assistance described in that
                subsection in areas that are served by publicly owned
                treatment works that serve fewer than 3,300 people.
                ``(B) Administrative costs.--Of the amounts made available
            for grants under paragraph (1), not more than 2 percent may be
            used to pay the administrative costs of the Administrator.''.
    SEC. 50210. CLEAN WATER STATE REVOLVING FUNDS.
        (a) Use of Funds.--
            (1) In general.--Section 603 of the Federal Water Pollution
        Control Act (33 U.S.C. 1383) is amended--
                (A) in subsection (d), in the matter preceding paragraph
            (1), by inserting ``and provided in subsection (k)'' after
            ``State law'';
                (B) in subsection (i)--
                    (i) in paragraph (1), in the matter preceding
                subparagraph (A), by striking ``, including forgiveness of
                principal and negative interest loans'' and inserting
                ``(including forgiveness of principal, grants, negative
                interest loans, other loan forgiveness, and through buying,
                refinancing, or restructuring debt)''; and
                    (ii) in paragraph (3), by striking subparagraph (B) and
                inserting the following:
                ``(B) Total amount of subsidization.--
                    ``(i) In general.--For each fiscal year, of the amount
                of the capitalization grant received by the State under
                this title, the total amount of additional subsidization
                made available by a State under paragraph (1)--

                        ``(I) may not exceed 30 percent; and
                        ``(II) to the extent that there are sufficient
                    applications for assistance to communities described in
                    that paragraph, may not be less than 10 percent.

                    ``(ii) Exclusion.--A loan from the water pollution
                control revolving fund of a State with an interest rate
                equal to or greater than 0 percent shall not be considered
                additional subsidization for purposes of this
                subparagraph.''; and
                (C) by adding at the end the following:
        ``(k) Additional Use of Funds.--A State may use an additional 2
    percent of the funds annually awarded to each State under this title
    for nonprofit organizations (as defined in section 104(w)) or State,
    regional, interstate, or municipal entities to provide technical
    assistance to rural, small, and tribal publicly owned treatment works
    (within the meaning of section 104(b)(8)(B)) in the State.''.
            (2) Technical amendment.--Section 104(w) of the Federal Water
        Pollution Control Act (33 U.S.C. 1254(w)) is amended by striking
        ``treatments works'' and inserting ``treatment works''.
        (b) Capitalization Grant Reauthorization.--Section 607 of the
    Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read
    as follows:
        ``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
        ``There are authorized to be appropriated to carry out the purposes
    of this title--
            ``(1) $2,400,000,000 for fiscal year 2022;
            ``(2) $2,750,000,000 for fiscal year 2023;
            ``(3) $3,000,000,000 for fiscal year 2024; and
            ``(4) $3,250,000,000 for each of fiscal years 2025 and 2026.''.
    SEC. 50211. WATER INFRASTRUCTURE AND WORKFORCE INVESTMENT.
        Section 4304 of the America's Water Infrastructure Act of 2018 (42
    U.S.C. 300j-19e) is amended--
            (1) in subsection (a)(3)--
                (A) in subparagraph (A), by inserting ``Tribal,'' after
            ``State,''; and
                (B) in subparagraph (B), by striking ``community-based
            organizations'' and all that follows through the period at the
            end and inserting the following: ``community-based
            organizations and public works departments or agencies to align
            water and wastewater utility workforce recruitment efforts,
            training programs, retention efforts, and community resources
            with water and wastewater utilities--
                    ``(i) to accelerate career pipelines;
                    ``(ii) to ensure the sustainability of the water and
                wastewater utility workforce; and
                    ``(iii) to provide access to workforce
                opportunities.'';
            (2) in subsection (b)--
                (A) in paragraph (1)--
                    (i) by striking subparagraph (B);
                    (ii) in subparagraph (A), by striking ``; and'' at the
                end and inserting ``, which may include--''
                    (iii) in the matter preceding subparagraph (A), by
                striking ``program--'' and all that follows through ``to
                assist'' in subparagraph (A) and inserting ``program to
                assist''; and
                    (iv) by adding at the end the following:
                ``(A) expanding the use and availability of activities and
            resources that relate to the recruitment, including the
            promotion of diversity within that recruitment, of individuals
            to careers in the water and wastewater utility sector;
                ``(B) expanding the availability of training opportunities
            for--
                    ``(i) individuals entering into the water and
                wastewater utility sector; and
                    ``(ii) individuals seeking to advance careers within
                the water and wastewater utility sector; and
                ``(C) expanding the use and availability of activities and
            strategies, including the development of innovative activities
            and strategies, that relate to the maintenance and retention of
            a sustainable workforce in the water and wastewater utility
            sector.'';
                (B) in paragraph (2)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``institutions--'' and inserting ``institutions,
                or public works departments and agencies--''; and
                    (ii) in subparagraph (A)--

                        (I) by striking clauses (ii) and (iii);
                        (II) in clause (i), by adding ``or'' at the end;
                        (III) by redesignating clause (i) as clause (ii);
                        (IV) by inserting before clause (ii) (as so
                    redesignated) the following:

                    ``(i) in the development of educational or recruitment
                materials and activities, including those materials and
                activities that specifically promote diversity within
                recruitment, for the water and wastewater utility
                workforce;''; and

                        (V) by adding at the end the following:

                    ``(iii) developing activities and strategies that
                relate to the maintenance and retention of a sustainable
                workforce in the water and wastewater utility sector;
                and'';
                (C) in paragraph (3)--
                    (i) in subparagraph (D)(ii), by inserting ``or
                certification'' after ``training''; and
                    (ii) in subparagraph (E), by striking ``ensure that
                incumbent water and waste water utilities workers'' and
                inserting ``are designed to retain incumbent water and
                wastewater utility workforce workers by ensuring that those
                workers''; and
                (D) by striking paragraph (4) and inserting the following:
            ``(4) Working group; report.--
                ``(A) In general.--The Administrator shall establish and
            coordinate a Federal interagency working group to address
            recruitment, training, and retention challenges in the water
            and wastewater utility workforce, which shall include
            representatives from--
                    ``(i) the Department of Education;
                    ``(ii) the Department of Labor;
                    ``(iii) the Department of Agriculture;
                    ``(iv) the Department of Veterans Affairs; and
                    ``(v) other Federal agencies, as determined to be
                appropriate by the Administrator.
                ``(B) Report.--Not later than 2 years after the date of
            enactment of this subparagraph, the Administrator, in
            coordination with the working group established under
            subparagraph (A), shall submit to Congress a report describing
            potential solutions to recruitment, training, and retention
            challenges in the water and wastewater utility workforce.
                ``(C) Consultation.--In carrying out the duties of the
            working group established under subparagraph (A), the working
            group shall consult with State operator certification programs.
            ``(5) Authorization of appropriations.--There is authorized to
        be appropriated to carry out this subsection $5,000,000 for each of
        fiscal years 2022 through 2026.'';
            (3) by redesignating subsections (a) and (b) as subsections (b)
        and (c), respectively; and
            (4) by inserting before subsection (b) (as so redesignated) the
        following:
        ``(a) Definition of Public Works Department or Agency.--In this
    section, the term `public works department or agency' means a political
    subdivision of a local, county, or regional government that designs,
    builds, operates, and maintains water infrastructure, sewage and refuse
    disposal systems, and other public water systems and facilities.''.
    SEC. 50212. GRANTS TO ALASKA TO IMPROVE SANITATION IN RURAL AND NATIVE
    VILLAGES.
        Section 303 of the Safe Drinking Water Act Amendments of 1996 (33
    U.S.C. 1263a) is amended--
            (1) in subsection (b), by striking ``50 percent'' and inserting
        ``75 percent''; and
            (2) in subsection (e), by striking ``this section'' and all
        that follows through the period at the end and inserting the
        following: ``this section--
            ``(1) $40,000,000 for each of fiscal years 2022 through 2024;
            ``(2) $50,000,000 for fiscal year 2025; and
            ``(3) $60,000,000 for fiscal year 2026.''.
    SEC. 50213. WATER DATA SHARING PILOT PROGRAM.
        (a) Establishment.--
            (1) In general.--Subject to the availability of appropriations,
        the Administrator shall establish a competitive grant pilot program
        (referred to in this section as the ``pilot program'') under which
        the Administrator may award grants to eligible entities under
        subsection (b) to establish systems that improve the sharing of
        information concerning water quality, water infrastructure needs,
        and water technology, including cybersecurity technology, between
        States or among counties and other units of local government within
        a State, which may include--
                (A) establishing a website or data hub to exchange water
            data, including data on water quality or water technology,
            including new and emerging, but proven, water technology; and
                (B) intercounty communications initiatives related to water
            data.
            (2) Requirements.--
                (A) Data sharing.--The Internet of Water principles
            developed by the Nicholas Institute for Environmental Policy
            Solutions shall, to the extent practicable, guide any water
            data sharing efforts under the pilot program.
                (B) Use of existing data.--The recipient of a grant under
            the pilot program to establish a website or data hub described
            in paragraph (1)(A) shall, to the extent practicable, leverage
            existing data sharing infrastructure.
        (b) Eligible Entities.--An entity eligible for a grant under the
    pilot program is--
            (1) a State, county, or other unit of local government that--
                (A) has a coastal watershed with significant pollution
            levels;
                (B) has a water system with significant pollution levels;
            or
                (C) has significant individual water infrastructure
            deficits; or
            (2) a regional consortium established under subsection (d).
        (c) Applications.--To be eligible to receive a grant under the
    pilot program, an eligible entity under subsection (b) shall submit to
    the Administrator an application at such time, in such manner, and
    containing such information as the Administrator may require.
        (d) Regional Consortia.--
            (1) Establishment.--States may establish regional consortia in
        accordance with this subsection.
            (2) Requirements.--A regional consortium established under
        paragraph (1) shall--
                (A) include not fewer than 2 States that have entered into
            a memorandum of understanding--
                    (i) to exchange water data, including data on water
                quality; or
                    (ii) to share information, protocols, and procedures
                with respect to projects that evaluate, demonstrate, or
                install new and emerging, but proven, water technology;
                (B) carry out projects--
                    (i) to exchange water data, including data on water
                quality; or
                    (ii) that evaluate, demonstrate, or install new and
                emerging, but proven, water technology; and
                (C) develop a regional intended use plan, in accordance
            with paragraph (3), to identify projects to carry out,
            including projects using grants received under this section.
            (3) Regional intended use plan.--A regional intended use plan
        of a regional consortium established under paragraph (1)--
                (A) shall identify projects that the regional consortium
            intends to carry out, including projects that meet the
            requirements of paragraph (2)(B); and
                (B) may include--
                    (i) projects included in an intended use plan of a
                State prepared under section 606(c) of the Federal Water
                Pollution Control Act (33 U.S.C. 1386(c)) within the
                regional consortium; and
                    (ii) projects not included in an intended use plan of a
                State prepared under section 606(c) of the Federal Water
                Pollution Control Act (33 U.S.C. 1386(c)) within the
                regional consortium.
        (e) Report.--Not later than 2 years after the date of enactment of
    this Act, the Administrator shall submit to Congress a report that
    describes the implementation of the pilot program, which shall
    include--
            (1) a description of the use and deployment of amounts made
        available under the pilot program; and
            (2) an accounting of all grants awarded under the program,
        including a description of each grant recipient and each project
        funded using a grant under the pilot program.
        (f) Funding.--
            (1) Authorization of appropriations.--There is authorized to be
        appropriated to carry out the pilot program $15,000,000 for each of
        fiscal years 2022 through 2026, to remain available until expended.
            (2) Requirement.--Of the funds made available under paragraph
        (1), not more than 35 percent may be used to provide grants to
        regional consortia established under subsection (d).
    SEC. 50214. FINAL RATING OPINION LETTERS.
        Section 5028(a)(1)(D)(ii) of the Water Infrastructure Finance and
    Innovation Act of 2014 (33 U.S.C. 3907(a)(1)(D)(ii)) is amended by
    striking ``final rating opinion letters from at least 2 rating
    agencies'' and inserting ``a final rating opinion letter from at least
    1 rating agency''.
    SEC. 50215. WATER INFRASTRUCTURE FINANCING REAUTHORIZATION.
        (a) In General.--Section 5033 of the Water Infrastructure Finance
    and Innovation Act of 2014 (33 U.S.C. 3912) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Fiscal years 2022 through 2026.--There is authorized to
        be appropriated to the Administrator to carry out this subtitle
        $50,000,000 for each of fiscal years 2022 through 2026, to remain
        available until expended.'';
            (2) in subsection (b)(2)--
                (A) in the paragraph heading, by striking ``2020 and 2021''
            and inserting ``after 2019''; and
                (B) by striking ``2020 and 2021'' and inserting ``2022
            through 2026''; and
            (3) in subsection (e)(1), by striking ``2020 and 2021'' and
        inserting ``2022 through 2026''.
        (b) Outreach Plan.--The Water Infrastructure Finance and Innovation
    Act of 2014 (33 U.S.C. 3901 et seq.) is amended by adding at the end
    the following:
    ``SEC. 5036. OUTREACH PLAN.
        ``(a) Definition of Rural Community.--In this section, the term
    `rural community' means a city, town, or unincorporated area that has a
    population of not more than 10,000 inhabitants.
        ``(b) Outreach Required.--Not later than 180 days after the date of
    enactment of this section, the Administrator, in consultation with
    relevant Federal agencies, shall develop and begin implementation of an
    outreach plan to promote financial assistance available under this
    subtitle to small communities and rural communities.''.
    SEC. 50216. SMALL AND DISADVANTAGED COMMUNITY ANALYSIS.
        (a) Analysis.--Not later than 2 years after the date of enactment
    of this Act, using environmental justice data of the Environmental
    Protection Agency, including data from the environmental justice
    mapping and screening tool of the Environmental Protection Agency, the
    Administrator shall carry out an analysis under which the Administrator
    shall assess the programs under title VI of the Federal Water Pollution
    Control Act (33 U.S.C. 1381 et seq.) and section 1452 of the Safe
    Drinking Water Act (42 U.S.C. 300j-12) to identify historical
    distributions of funds to small and disadvantaged communities and new
    opportunities and methods to improve on the distribution of funds under
    those programs to low-income communities, rural communities, minority
    communities, and communities of indigenous peoples, in accordance with
    Executive Order 12898 (42 U.S.C. 4321 note; 60 Fed. Reg. 6381; relating
    to Federal actions to address environmental justice in minority
    populations and low-income populations).
        (b) Requirement.--The analysis under subsection (a) shall include
    an analysis, to the extent practicable, of communities in the United
    States that do not have access to drinking water or wastewater
    services.
        (c) Report.--On completion of the analysis under subsection (a),
    the Administrator shall submit to the Committee on Environment and
    Public Works of the Senate and the Committees on Energy and Commerce
    and Transportation and Infrastructure of the House of Representatives a
    report describing--
            (1) the results of the analysis; and
            (2) the criteria the Administrator used in carrying out the
        analysis.
    SEC. 50217. STORMWATER INFRASTRUCTURE TECHNOLOGY.
        (a) Definitions.--In this section:
            (1) Center.--The term ``center'' means a center of excellence
        for stormwater control infrastructure established under subsection
        (b)(1).
            (2) Eligible entity.--The term ``eligible entity'' means--
                (A) a State, Tribal, or local government; or
                (B) a local, regional, or other public entity that manages
            stormwater or wastewater resources or other related water
            infrastructure.
            (3) Eligible institution.--The term ``eligible institution''
        means an institution of higher education, a research institution,
        or a nonprofit organization--
                (A) that has demonstrated excellence in researching and
            developing new and emerging stormwater control infrastructure
            technologies; and
                (B) with respect to a nonprofit organization, the core
            mission of which includes water management, as determined by
            the Administrator.
        (b) Centers of Excellence for Stormwater Control Infrastructure
    Technologies.--
            (1) Establishment of centers.--
                (A) In general.--Subject to the availability of
            appropriations, the Administrator shall provide grants, on a
            competitive basis, to eligible institutions to establish and
            maintain not less than 3, and not more than 5, centers of
            excellence for new and emerging stormwater control
            infrastructure technologies, to be located in various regions
            throughout the United States.
                (B) General operation.--Each center shall--
                    (i) conduct research on new and emerging stormwater
                control infrastructure technologies that are relevant to
                the geographical region in which the center is located,
                including stormwater and sewer overflow reduction, other
                approaches to water resource enhancement, alternative
                funding approaches, and other environmental, economic, and
                social benefits, with the goal of improving the
                effectiveness, cost efficiency, and protection of public
                safety and water quality;
                    (ii) maintain a listing of--

                        (I) stormwater control infrastructure needs; and
                        (II) an analysis of new and emerging stormwater
                    control infrastructure technologies that are available;

                    (iii) analyze whether additional financial programs for
                the implementation of new and emerging, but proven,
                stormwater control infrastructure technologies would be
                useful;
                    (iv) provide information regarding research conducted
                under clause (i) to the national electronic clearinghouse
                center for publication on the Internet website established
                under paragraph (3)(B)(i) to provide to the Federal
                Government and State, Tribal, and local governments and the
                private sector information regarding new and emerging, but
                proven, stormwater control infrastructure technologies;
                    (v) provide technical assistance to State, Tribal, and
                local governments to assist with the design, construction,
                operation, and maintenance of stormwater control
                infrastructure projects that use innovative technologies;
                    (vi) collaborate with institutions of higher education
                and private and public organizations, including community-
                based public-private partnerships and other stakeholders,
                in the geographical region in which the center is located;
                and
                    (vii) coordinate with the other centers to avoid
                duplication of efforts.
            (2) Application.--To be eligible to receive a grant under this
        subsection, an eligible institution shall prepare and submit to the
        Administrator an application at such time, in such form, and
        containing such information as the Administrator may require.
            (3) National electronic clearinghouse center.--Of the centers
        established under paragraph (1)(A), 1 shall--
                (A) be designated as the ``national electronic
            clearinghouse center''; and
                (B) in addition to the other functions of that center--
                    (i) develop, operate, and maintain an Internet website
                and a public database that contains information relating to
                new and emerging, but proven, stormwater control
                infrastructure technologies; and
                    (ii) post to the website information from all centers.
            (4) Authorization of appropriations.--
                (A) In general.--There is authorized to be appropriated to
            carry out this subsection $5,000,000 for each of fiscal years
            2022 through 2026.
                (B) Limitation on use of funds.--Of the amounts made
            available for grants under subparagraph (A), not more than 2
            percent may be used to pay the administrative costs of the
            Administrator.
        (c) Stormwater Control Infrastructure Project Grants.--
            (1) Grant authority.--Subject to the availability of
        appropriations, the Administrator shall provide grants, on a
        competitive basis, to eligible entities to carry out stormwater
        control infrastructure projects that incorporate new and emerging,
        but proven, stormwater control technologies in accordance with this
        subsection.
            (2) Stormwater control infrastructure projects.--
                (A) Planning and development grants.--The Administrator may
            make planning and development grants under this subsection for
            the following projects:
                    (i) Planning and designing stormwater control
                infrastructure projects that incorporate new and emerging,
                but proven, stormwater control technologies, including
                engineering surveys, landscape plans, maps, long-term
                operations and maintenance plans, and implementation plans.
                    (ii) Identifying and developing standards necessary to
                accommodate stormwater control infrastructure projects,
                including those projects that incorporate new and emerging,
                but proven, stormwater control technologies.
                    (iii) Identifying and developing fee structures to
                provide financial support for design, installation, and
                operations and maintenance of stormwater control
                infrastructure, including new and emerging, but proven,
                stormwater control infrastructure technologies.
                    (iv) Developing approaches for community-based public-
                private partnerships for the financing and construction of
                stormwater control infrastructure technologies, including
                feasibility studies, stakeholder outreach, and needs
                assessments.
                    (v) Developing and delivering training and educational
                materials regarding new and emerging, but proven,
                stormwater control infrastructure technologies for
                distribution to--

                        (I) individuals and entities with applicable
                    technical knowledge; and
                        (II) the public.

                (B) Implementation grants.--The Administrator may make
            implementation grants under this subsection for the following
            projects:
                    (i) Installing new and emerging, but proven, stormwater
                control infrastructure technologies.
                    (ii) Protecting or restoring interconnected networks of
                natural areas that protect water quality.
                    (iii) Monitoring and evaluating the environmental,
                economic, or social benefits of stormwater control
                infrastructure technologies that incorporate new and
                emerging, but proven, stormwater control technology.
                    (iv) Implementing a best practices standard for
                stormwater control infrastructure programs.
            (3) Application.--Except as otherwise provided in this section,
        to be eligible to receive a grant under this subsection, an
        eligible entity shall prepare and submit to the Administrator an
        application at such time, in such form, and containing such
        information as the Administrator may require, including, as
        applicable--
                (A) a description of the stormwater control infrastructure
            project that incorporates new and emerging, but proven,
            technologies;
                (B) a plan for monitoring the impacts and pollutant load
            reductions associated with the stormwater control
            infrastructure project on the water quality and quantity;
                (C) an evaluation of other environmental, economic, and
            social benefits of the stormwater control infrastructure
            project; and
                (D) a plan for the long-term operation and maintenance of
            the stormwater control infrastructure project and a tracking
            system, such as asset management practices.
            (4) Priority.--In making grants under this subsection, the
        Administrator shall give priority to applications submitted on
        behalf of--
                (A) a community that--
                    (i) has municipal combined storm and sanitary sewers in
                the collection system of the community; or
                    (ii) is a small, rural, or disadvantaged community, as
                determined by the Administrator; or
                (B) an eligible entity that will use not less than 15
            percent of the grant to provide service to a small, rural, or
            disadvantaged community, as determined by the Administrator.
            (5) Maximum amounts.--
                (A) Planning and development grants.--
                    (i) Single grant.--The amount of a single planning and
                development grant provided under this subsection shall be
                not more than $200,000.
                    (ii) Aggregate amount.--The total amount of all
                planning and development grants provided under this
                subsection for a fiscal year shall be not more than \1/3\
                of the total amount made available to carry out this
                subsection.
                (B) Implementation grants.--
                    (i) Single grant.--The amount of a single
                implementation grant provided under this subsection shall
                be not more than $2,000,000.
                    (ii) Aggregate amount.--The total amount of all
                implementation grants provided under this subsection for a
                fiscal year shall be not more than \2/3\ of the total
                amount made available to carry out this subsection.
            (6) Federal share.--
                (A) In general.--Except as provided in subparagraph (C),
            the Federal share of a grant provided under this subsection
            shall not exceed 80 percent of the total project cost.
                (B) Credit for implementation grants.--The Administrator
            shall credit toward the non-Federal share of the cost of an
            implementation project carried out under this subsection the
            cost of planning, design, and construction work completed for
            the project using funds other than funds provided under this
            section.
                (C) Exception.--The Administrator may waive the Federal
            share limitation under subparagraph (A) for an eligible entity
            that has adequately demonstrated financial need.
        (d) Report to Congress.--Not later than 2 years after the date on
    which the Administrator first awards a grant under this section, the
    Administrator shall submit to Congress a report that includes, with
    respect to the period covered by the report--
            (1) a description of all grants provided under this section;
            (2) a detailed description of--
                (A) the projects supported by those grants; and
                (B) the outcomes of those projects;
            (3) a description of the improvements in technology,
        environmental benefits, resources conserved, efficiencies, and
        other benefits of the projects funded under this section;
            (4) recommendations for improvements to promote and support new
        and emerging, but proven, stormwater control infrastructure,
        including research into new and emerging technologies, for the
        centers, grants, and activities under this section; and
            (5) a description of existing challenges concerning the use of
        new and emerging, but proven, stormwater control infrastructure.
        (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section (except for subsection (b)) $10,000,000 for
        each of fiscal years 2022 through 2026.
            (2) Limitation on use of funds.--Of the amounts made available
        for grants under paragraph (1), not more than 2 percent may be used
        to pay the administrative costs of the Administrator.
    SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Administrator shall establish a Water Reuse
    Interagency Working Group (referred to in this section as the ``Working
    Group'').
        (b) Purpose.--The purpose of the Working Group is to develop and
    coordinate actions, tools, and resources to advance water reuse across
    the United States, including through the implementation of the February
    2020 National Water Reuse Action Plan, which creates opportunities for
    water reuse in the mission areas of each of the Federal agencies
    included in the Working Group under subsection (c) (referred to in this
    section as the ``Action Plan'').
        (c) Chairperson; Membership.--The Working Group shall be--
            (1) chaired by the Administrator; and
            (2) comprised of senior representatives from such Federal
        agencies as the Administrator determines to be appropriate.
        (d) Duties of the Working Group.--In carrying out this section, the
    Working Group shall--
            (1) with respect to water reuse, leverage the expertise of
        industry, the research community, nongovernmental organizations,
        and government;
            (2) seek to foster water reuse as an important component of
        integrated water resources management;
            (3) conduct an assessment of new opportunities to advance water
        reuse and annually update the Action Plan with new actions, as
        necessary, to pursue those opportunities;
            (4) seek to coordinate Federal programs and policies to support
        the adoption of water reuse;
            (5) consider how each Federal agency can explore and identify
        opportunities to support water reuse through the programs and
        activities of that Federal agency; and
            (6) consult, on a regular basis, with representatives of
        relevant industries, the research community, and nongovernmental
        organizations.
        (e) Report.--Not less frequently than once every 2 years, the
    Administrator shall submit to Congress a report on the activities and
    findings of the Working Group.
        (f) Sunset.--
            (1) In general.--Subject to paragraph (2), the Working Group
        shall terminate on the date that is 6 years after the date of
        enactment of this Act.
            (2) Extension.--The Administrator may extend the date of
        termination of the Working Group under paragraph (1).
    SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.
        (a) In General.--Subject to the availability of appropriations, not
    later than 2 years after the date of enactment of this Act, the
    Administrator shall carry out a study that examines the state of
    existing and potential future technology, including technology that
    could address cybersecurity vulnerabilities, that enhances or could
    enhance the treatment, monitoring, affordability, efficiency, and
    safety of wastewater services provided by a treatment works (as defined
    in section 212 of the Federal Water Pollution Control Act (33 U.S.C.
    1292)).
        (b) Report.--The Administrator shall submit to the Committee on
    Environment and Public Works of the Senate and the Committee on Energy
    and Commerce of the House of Representatives a report that describes
    the results of the study under subsection (a).
    SEC. 50220. CLEAN WATERSHEDS NEEDS SURVEY.
        Title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381
    et seq.) is amended by adding at the end the following:
        ``SEC. 609. CLEAN WATERSHEDS NEEDS SURVEY.
        ``(a) Requirement.--Not later than 2 years after the date of
    enactment of this section, and not less frequently than once every 4
    years thereafter, the Administrator shall--
            ``(1) conduct and complete an assessment of capital improvement
        needs for all projects that are eligible under section 603(c) for
        assistance from State water pollution control revolving funds; and
            ``(2) submit to Congress a report describing the results of the
        assessment completed under paragraph (1).
        ``(b) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the initial needs survey under subsection (a)
    $5,000,000, to remain available until expended.''.
    SEC. 50221. WATER RESOURCES RESEARCH ACT AMENDMENTS.
        (a) Clarification of Research Activities.--Section 104(b)(1) of the
    Water Resources Research Act of 1984 (42 U.S.C. 10303(b)(1)) is
    amended--
            (1) in subparagraph (B)(ii), by striking ``water-related
        phenomena'' and inserting ``water resources''; and
            (2) in subparagraph (D), by striking the period at the end and
        inserting ``; and''.
        (b) Compliance Report.--Section 104 of the Water Resources Research
    Act of 1984 (42 U.S.C. 10303) is amended by striking subsection (c) and
    inserting the following:
        ``(c) Grants.--
            ``(1) In general.--From the sums appropriated pursuant to
        subsection (f), the Secretary shall make grants to each institute
        to be matched on a basis of no less than 1 non-Federal dollar for
        every 1 Federal dollar.
            ``(2) Report.--Not later than December 31 of each fiscal year,
        the Secretary shall submit to the Committee on Environment and
        Public Works of the Senate, the Committee on the Budget of the
        Senate, the Committee on Transportation and Infrastructure of the
        House of Representatives, and the Committee on the Budget of the
        House of Representatives a report regarding the compliance of each
        funding recipient with this subsection for the immediately
        preceding fiscal year.''.
        (c) Evaluation of Water Resources Research Program.--Section 104 of
    the Water Resources Research Act of 1984 (42 U.S.C. 10303) is amended
    by striking subsection (e) and inserting the following:
        ``(e) Evaluation of Water Resources Research Program.--
            ``(1) In general.--The Secretary shall conduct a careful and
        detailed evaluation of each institute at least once every 5 years
        to determine--
                ``(A) the quality and relevance of the water resources
            research of the institute;
                ``(B) the effectiveness of the institute at producing
            measured results and applied water supply research; and
                ``(C) whether the effectiveness of the institute as an
            institution for planning, conducting, and arranging for
            research warrants continued support under this section.
            ``(2) Prohibition on further support.--If, as a result of an
        evaluation under paragraph (1), the Secretary determines that an
        institute does not qualify for further support under this section,
        no further grants to the institute may be provided until the
        qualifications of the institute are reestablished to the
        satisfaction of the Secretary.''.
        (d) Authorization of Appropriations.--Section 104(f)(1) of the
    Water Resources Research Act of 1984 (42 U.S.C. 10303(f)(1)) is amended
    by striking ``fiscal years 2007 through 2011'' and inserting ``fiscal
    years 2022 through 2025''.
        (e) Additional Appropriations Where Research Focused on Water
    Problems of Interstate Nature.--Section 104(g)(1) of the Water
    Resources Research Act of 1984 (42 U.S.C. 10303(g)(1)) is amended in
    the first sentence by striking ``$6,000,000 for each of fiscal years
    2007 through 2011'' and inserting ``$3,000,000 for each of fiscal years
    2022 through 2025''.
    SEC. 50222. ENHANCED AQUIFER USE AND RECHARGE.
        Title I of the Federal Water Pollution Control Act (33 U.S.C. 1251
    et seq.) is amended by adding at the end the following:
        ``SEC. 124. ENHANCED AQUIFER USE AND RECHARGE.
        ``(a) In General.--Subject to the availability of appropriations,
    the Administrator shall provide funding to carry out groundwater
    research on enhanced aquifer use and recharge in support of sole-source
    aquifers, of which--
            ``(1) not less than 50 percent shall be used to provide 1 grant
        to a State, unit of local government, or Indian Tribe to carry out
        activities that would directly support that research; and
            ``(2) the remainder shall be provided to 1 appropriate research
        center.
        ``(b) Coordination.--As a condition of accepting funds under
    subsection (a), the State, unit of local government, or Indian Tribe
    and the appropriate research center that receive funds under that
    subsection shall establish a formal research relationship for the
    purpose of coordinating efforts under this section.
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator to carry out this section $5,000,000
    for each of fiscal years 2022 through 2026.''.

                             DIVISION F--BROADBAND
      TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO
                             RICO, AND TERRITORIES

    SEC. 60101. FINDINGS.
        Congress finds the following:
            (1) Access to affordable, reliable, high-speed broadband is
        essential to full participation in modern life in the United
        States.
            (2) The persistent ``digital divide'' in the United States is a
        barrier to the economic competitiveness of the United States and
        equitable distribution of essential public services, including
        health care and education.
            (3) The digital divide disproportionately affects communities
        of color, lower-income areas, and rural areas, and the benefits of
        broadband should be broadly enjoyed by all.
            (4) In many communities across the country, increased
        competition among broadband providers has the potential to offer
        consumers more affordable, high-quality options for broadband
        service.
            (5) The 2019 novel coronavirus pandemic has underscored the
        critical importance of affordable, high-speed broadband for
        individuals, families, and communities to be able to work, learn,
        and connect remotely while supporting social distancing.
    SEC. 60102. GRANTS FOR BROADBAND DEPLOYMENT.
        (a) Definitions.--
            (1) Areas, locations, and institutions lacking broadband
        access.--In this section:
                (A) Unserved location.--The term ``unserved location''
            means a broadband-serviceable location, as determined in
            accordance with the broadband DATA maps, that--
                    (i) has no access to broadband service; or
                    (ii) lacks access to reliable broadband service offered
                with--

                        (I) a speed of not less than--

                            (aa) 25 megabits per second for downloads; and
                            (bb) 3 megabits per second for uploads; and

                        (II) a latency sufficient to support real-time,
                    interactive applications.

                (B) Unserved service project.--The term ``unserved service
            project'' means a project in which not less than 80 percent of
            broadband-serviceable locations served by the project are
            unserved locations.
                (C) Underserved location.--The term ``underserved
            location'' means a location--
                    (i) that is not an unserved location; and
                    (ii) as determined in accordance with the broadband
                DATA maps, lacks access to reliable broadband service
                offered with--

                        (I) a speed of not less than--

                            (aa) 100 megabits per second for downloads; and
                            (bb) 20 megabits per second for uploads; and

                        (II) a latency sufficient to support real-time,
                    interactive applications.

                (D) Underserved service project.--The term ``underserved
            service project'' means a project in which not less than 80
            percent of broadband-serviceable locations served by the
            project are unserved locations or underserved locations.
                (E) Eligible community anchor institution.--The term
            ``eligible community anchor institution'' means a community
            anchor institution that lacks access to gigabit-level broadband
            service.
            (2) Other definitions.--In this section:
                (A) Assistant secretary.--The term ``Assistant Secretary''
            means the Assistant Secretary of Commerce for Communications
            and Information.
                (B) Broadband; broadband service.--The term ``broadband''
            or ``broadband service'' has the meaning given the term
            ``broadband internet access service'' in section 8.1(b) of
            title 47, Code of Federal Regulations, or any successor
            regulation.
                (C) Broadband data maps.--The term ``broadband DATA maps''
            means the maps created under section 802(c)(1) of the
            Communications Act of 1934 (47 U.S.C. 642(c)(1)).
                (D) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (E) Community anchor institution.--The term ``community
            anchor institution'' means an entity such as a school, library,
            health clinic, health center, hospital or other medical
            provider, public safety entity, institution of higher
            education, public housing organization, or community support
            organization that facilitates greater use of broadband service
            by vulnerable populations, including low-income individuals,
            unemployed individuals, and aged individuals.
                (F) Eligible entity.--The term ``eligible entity'' means a
            State.
                (G) High-cost area.--
                    (i) In general.--The term ``high-cost area'' means an
                unserved area in which the cost of building out broadband
                service is higher, as compared with the average cost of
                building out broadband service in unserved areas in the
                United States (as determined by the Assistant Secretary, in
                consultation with the Commission), incorporating factors
                that include--

                        (I) the remote location of the area;
                        (II) the lack of population density of the area;
                        (III) the unique topography of the area;
                        (IV) a high rate of poverty in the area; or
                        (V) any other factor identified by the Assistant
                    Secretary, in consultation with the Commission, that
                    contributes to the higher cost of deploying broadband
                    service in the area.

                    (ii) Unserved area.--For purposes of clause (i), the
                term ``unserved area'' means an area in which not less than
                80 percent of broadband-serviceable locations are unserved
                locations.
                (H) Location; broadband-serviceable location.--The terms
            ``location'' and ``broadband-serviceable location'' have the
            meanings given those terms by the Commission under rules and
            guidance that are in effect, as of the date of enactment of
            this Act.
                (I) Priority broadband project.--The term ``priority
            broadband project'' means a project designed to--
                    (i) provide broadband service that meets speed,
                latency, reliability, consistency in quality of service,
                and related criteria as the Assistant Secretary shall
                determine; and
                    (ii) ensure that the network built by the project can
                easily scale speeds over time to--

                        (I) meet the evolving connectivity needs of
                    households and businesses; and
                        (II) support the deployment of 5G, successor
                    wireless technologies, and other advanced services.

                (J) Program.--The term ``Program'' means the Broadband
            Equity, Access, and Deployment Program established under
            subsection (b)(1).
                (K) Project.--The term ``project'' means an undertaking by
            a subgrantee under this section to construct and deploy
            infrastructure for the provision of broadband service.
                (L) Reliable broadband service.--The term ``reliable
            broadband service'' means broadband service that meets
            performance criteria for service availability, adaptability to
            changing end-user requirements, length of serviceable life, or
            other criteria, other than upload and download speeds, as
            determined by the Assistant Secretary in coordination with the
            Commission.
                (M) State.--The term ``State'' has the meaning given the
            term in section 158 of the National Telecommunications and
            Information Administration Organization Act (47 U.S.C. 942),
            except that that definition shall be applied by striking ``,
            and any other territory or possession of the United States''.
                (N) Subgrantee.--The term ``subgrantee'' means an entity
            that receives grant funds from an eligible entity to carry out
            activities under subsection (f).
        (b) Broadband Equity, Access, and Deployment Program.--
            (1) Establishment.--Not later than 180 days after the date of
        enactment of this Act, the Assistant Secretary shall establish a
        grant program, to be known as the ``Broadband Equity, Access, and
        Deployment Program'', under which the Assistant Secretary makes
        grants to eligible entities, in accordance with this section, to
        bridge the digital divide.
            (2) Authorization of appropriations.--There is authorized to be
        appropriated to the Assistant Secretary to carry out the Program
        $42,450,000,000.
            (3) Obligation timeline.--The Assistant Secretary shall
        obligate all amounts appropriated pursuant to paragraph (2) in an
        expedient manner after the Assistant Secretary issues the notice of
        funding opportunity under subsection (e)(1).
            (4) Technical support and assistance.--
                (A) Program assistance.--As part of the Program, the
            Assistant Secretary, in consultation with the Commission, shall
            provide technical support and assistance to eligible entities
            to facilitate their participation in the Program, including by
            assisting eligible entities with--
                    (i) the development of grant applications under the
                Program;
                    (ii) the development of plans and procedures for
                distribution of funds under the Program; and
                    (iii) other technical support as determined by the
                Assistant Secretary.
                (B) General assistance.--The Assistant Secretary shall
            provide technical and other assistance to eligible entities--
                    (i) to support the expansion of broadband, with
                priority for--

                        (I) expansion in rural areas; and
                        (II) eligible entities that consistently rank below
                    most other eligible entities with respect to broadband
                    access and deployment; and

                    (ii) regarding cybersecurity resources and programs
                available through Federal agencies, including the Election
                Assistance Commission, the Cybersecurity and Infrastructure
                Security Agency, the Federal Trade Commission, and the
                National Institute of Standards and Technology.
        (c) Allocation.--
            (1) Allocation for high-cost areas.--
                (A) In general.--On or after the date on which the
            broadband DATA maps are made public, the Assistant Secretary
            shall allocate to eligible entities, in accordance with
            subparagraph (B) of this paragraph, 10 percent of the amount
            appropriated pursuant to subsection (b)(2).
                (B) Formula.--The Assistant Secretary shall calculate the
            amount allocated to an eligible entity under subparagraph (A)
            by--
                    (i) dividing the number of unserved locations in high-
                cost areas in the eligible entity by the total number of
                unserved locations in high-cost areas in the United States;
                and
                    (ii) multiplying the quotient obtained under clause (i)
                by the amount made available under subparagraph (A).
            (2) Minimum initial allocation.--Of the amount appropriated
        pursuant to subsection (b)(2)--
                (A) except as provided in subparagraph (B) of this
            paragraph, $100,000,000 shall be allocated to each State; and
                (B) $100,000,000 shall be allocated to, and divided equally
            among, the United States Virgin Islands, Guam, American Samoa,
            and the Commonwealth of the Northern Mariana Islands.
            (3) Allocation of remaining amounts.--
                (A) In general.--On or after the date on which the
            broadband DATA maps are made public, of the amount appropriated
            pursuant to subsection (b)(2), the Assistant Secretary shall
            allocate to eligible entities, in accordance with subparagraph
            (B) of this paragraph, the amount remaining after compliance
            with paragraphs (1) and (2) of this subsection.
                (B) Allocation.--The amount allocated to an eligible entity
            under subparagraph (B) shall be calculated by--
                    (i) dividing the number of unserved locations in the
                eligible entity by the total number of unserved locations
                in the United States; and
                    (ii) multiplying the quotient obtained under clause (i)
                by the amount made available under subparagraph (A).
            (4) Availability conditioned on approval of applications.--The
        availability of amounts allocated under paragraph (1), (2), or (3)
        to an eligible entity shall be subject to approval by the Assistant
        Secretary of the letter of intent, initial proposal, or final
        proposal of the eligible entity, as applicable, under subsection
        (e).
            (5) Contingency procedures.--
                (A) Definition.--In this paragraph, the term ``covered
            application'' means a letter of intent, initial proposal, or
            final proposal under this section.
                (B) Political subdivisions and consortia.--
                    (i) Application failures.--The Assistant Secretary, in
                carrying out the Program, shall provide that if an eligible
                entity fails to submit a covered application by the
                applicable deadline, or a covered application submitted by
                an eligible entity is not approved by the applicable
                deadline, a political subdivision or consortium of
                political subdivisions of the eligible entity may submit
                the applicable type of covered application in place of the
                eligible entity.
                    (ii) Treatment of political subdivision or consortium
                as eligible entity.--In the case of a political subdivision
                or consortium of political subdivisions that submits a
                covered application under clause (i) that is approved by
                the Assistant Secretary--

                        (I) except as provided in subclause (II) of this
                    clause, any reference in this section to an eligible
                    entity shall be deemed to refer to the political
                    subdivision or consortium; and
                        (II) any reference in this section to an eligible
                    entity in a geographic sense shall be deemed to refer
                    to the eligible entity in whose place the political
                    subdivision or consortium submitted the covered
                    application.

                (C) Reallocation to other eligible entities.--
                    (i) Application failures.--The Assistant Secretary, in
                carrying out the Program, shall provide that if an eligible
                entity fails to submit a covered application by the
                applicable deadline, or a covered application submitted by
                an eligible entity is not approved by the applicable
                deadline, as provided in subparagraph (A)), and no
                political subdivision or consortium of political
                subdivisions of the eligible entity submits a covered
                application by the applicable deadline, or no covered
                application submitted by such a political subdivision or
                consortium is approved by the applicable deadline, as
                provided in subparagraph (B), the Assistant Secretary--

                        (I) shall reallocate the amounts that would have
                    been available to the eligible entity pursuant to that
                    type of covered application to other eligible entities
                    that submitted that type of covered application by the
                    applicable deadline; and
                        (II) shall reallocate the amounts described in
                    subclause (I) of this clause in accordance with the
                    formula under paragraph (3).

                    (ii) Failure to use full allocation.--The Assistant
                Secretary, in carrying out the Program, shall provide that
                if an eligible entity fails to use the full amount
                allocated to the eligible entity under this subsection by
                the applicable deadline, the Assistant Secretary--

                        (I) shall reallocate the unused amounts to other
                    eligible entities with approved final proposals; and
                        (II) shall reallocate the amounts described in
                    subclause (I) in accordance with the formula under
                    paragraph (3).

        (d) Administrative Expenses.--
            (1) Assistant secretary.--The Assistant Secretary may use not
        more than 2 percent of amounts appropriated pursuant to subsection
        (b) for administrative purposes.
            (2) Eligible entities.--
                (A) Pre-deployment planning.--An eligible entity may use
            not more than 5 percent of the amount allocated to the eligible
            entity under subsection (c)(2) for the planning and pre-
            deployment activities under subsection (e)(1)(C).
                (B) Administration.--An eligible entity may use not more
            than 2 percent of the grant amounts made available to the
            eligible entity under subsection (e) for expenses relating
            (directly or indirectly) to administration of the grant.
        (e) Implementation.--
            (1) Initial program deployment and planning.--
                (A) Notice of funding opportunity; process.--Not later than
            180 days after the date of enactment of this Act, the Assistant
            Secretary shall--
                    (i) issue a notice of funding opportunity for the
                Program that--

                        (I) notifies eligible entities of--

                            (aa) the establishment of the Program; and
                            (bb) the amount of the minimum initial
                        allocation to each eligible entity under subsection
                        (c)(2);

                        (II) invites eligible entities to submit letters of
                    intent under subparagraph (B) in order to--

                            (aa) participate in the Program; and
                            (bb) receive funding for planning and pre-
                        deployment activities under subparagraph (C);

                        (III) contains details about the Program, including
                    an outline of the requirements for--

                            (aa) applications for grants under the Program,
                        which shall consist of letters of intent, initial
                        proposals, and final proposals; and
                            (bb) allowed uses of grant amounts awarded
                        under this section, as provided in subsection (f);
                        and

                        (IV) includes any other information determined
                    relevant by the Assistant Secretary;

                    (ii) establish a process, in accordance with
                subparagraph (C), through which to provide funding to
                eligible entities for planning and pre-deployment
                activities;
                    (iii) develop and make public a standard online
                application form that an eligible entity may use to submit
                an initial proposal and final proposal for the grant
                amounts allocated to the eligible entity under subsection
                (c);
                    (iv) publish a template--

                        (I) initial proposal that complies with paragraph
                    (3)(A); and
                        (II) final proposal that complies with paragraph
                    (4)(A); and

                    (v) in consultation with the Commission, establish
                standards for how an eligible entity shall assess the
                capabilities and capacities of a prospective subgrantee
                under subsection (g)(2)(A).
                (B) Letter of intent.--
                    (i) In general.--An eligible entity that wishes to
                participate in the Program shall file a letter of intent to
                participate in the Program consistent with this
                subparagraph.
                    (ii) Form and contents.--The Assistant Secretary may
                establish the form and contents required for a letter of
                intent under this subparagraph, which contents may
                include--

                        (I) details of--

                            (aa) the existing broadband program or office
                        of the eligible entity, including--
                                (AA) activities that the program or office
                            currently conducts;
                                (BB) the number of rounds of broadband
                            deployment grants that the eligible entity has
                            awarded, if applicable;
                                (CC) whether the eligible entity has an
                            eligible entity-wide plan and goal for
                            availability of broadband, and any relevant
                            deadlines, as applicable; and
                                (DD) the amount of funding that the
                            eligible entity has available for broadband
                            deployment or other broadband-related
                            activities, including data collection and local
                            planning, and the sources of that funding,
                            including whether the funds are from the
                            eligible entity or from the Federal Government
                            under the American Rescue Plan Act of 2021
                            (Public Law 117-2);
                            (bb) the number of full-time employees and
                        part-time employees of the eligible entity who will
                        assist in administering amounts received under the
                        Program and the duties assigned to those employees;
                            (cc) relevant contracted support; and
                            (dd) the goals of the eligible entity for the
                        use of amounts received under the Program, the
                        process that the eligible entity will use to
                        distribute those amounts to subgrantees, the
                        timeline for awarding subgrants, and oversight and
                        reporting requirements that the eligible entity
                        will impose on subgrantees;

                        (II) the identification of known barriers or
                    challenges to developing and administering a program to
                    administer grants received under the Program, if
                    applicable;
                        (III) the identification of the additional capacity
                    needed by the eligible entity to implement the
                    requirements under this section, such as--

                            (aa) enhancing the capacity of the broadband
                        program or office of the eligible entity by
                        receiving technical assistance from Federal
                        entities or other partners, hiring additional
                        employees, or obtaining support from contracted
                        entities; or
                            (bb) acquiring additional programmatic
                        information or data, such as through surveys or
                        asset inventories;

                        (IV) an explanation of how the needs described in
                    subclause (III) were identified and how funds may be
                    used to address those needs, including target areas;
                        (V) details of any relevant partners, such as
                    organizations that may inform broadband deployment and
                    adoption planning; and
                        (VI) any other information determined relevant by
                    the Assistant Secretary.

                (C) Planning funds.--
                    (i) In general.--The Assistant Secretary shall
                establish a process through which an eligible entity, in
                submitting a letter of intent under subparagraph (B), may
                request access to not more than 5 percent of the amount
                allocated to the eligible entity under subsection (c)(2)
                for use consistent with this subparagraph.
                    (ii) Funding availability.--If the Assistant Secretary
                approves a request from an eligible entity under clause
                (i), the Assistant Secretary shall make available to the
                eligible entity an amount, as determined appropriate by the
                Assistant Secretary, that is not more than 5 percent of the
                amount allocated to the eligible entity under subsection
                (c)(2).
                    (iii) Eligible use.--The Assistant Secretary shall
                determine the allowable uses of amounts made available
                under clause (ii), which may include--

                        (I) research and data collection, including initial
                    identification of unserved locations and underserved
                    locations;
                        (II) the development of a preliminary budget for
                    pre-planning activities;
                        (III) publications, outreach, and communications
                    support;
                        (IV) providing technical assistance, including
                    through workshops and events;
                        (V) training for employees of the broadband program
                    or office of the eligible entity or employees of
                    political subdivisions of the eligible entity, and
                    related staffing capacity or consulting or contracted
                    support; and
                        (VI) with respect to an office that oversees
                    broadband programs and broadband deployment in an
                    eligible entity, establishing, operating, or increasing
                    the capacity of such a broadband office.

                (D) Action plan.--
                    (i) In general.--An eligible entity that receives
                funding from the Assistant Secretary under subparagraph (C)
                shall submit to the Assistant Secretary a 5-year action
                plan, which shall--

                        (I) be informed by collaboration with local and
                    regional entities; and
                        (II) detail--

                            (aa) investment priorities and associated
                        costs;
                            (bb) alignment of planned spending with
                        economic development, telehealth, and related
                        connectivity efforts.
                    (ii) Requirements of action plans.--The Assistant
                Secretary shall establish requirements for the 5-year
                action plan submitted by an eligible entity under clause
                (i), which may include requirements to--

                        (I) address local and regional needs in the
                    eligible entity with respect to broadband service;
                        (II) propose solutions for the deployment of
                    affordable broadband service in the eligible entity;
                        (III) include localized data with respect to the
                    deployment of broadband service in the eligible entity,
                    including by identifying locations that should be
                    prioritized for Federal support with respect to that
                    deployment;
                        (IV) ascertain how best to serve unserved locations
                    in the eligible entity, whether through the
                    establishment of cooperatives or public-private
                    partnerships;
                        (V) identify the technical assistance that would be
                    necessary to carry out the plan; and
                        (VI) assess the amount of time it would take to
                    build out universal broadband service in the eligible
                    entity.

            (2) Notice of available amounts; invitation to submit initial
        and final proposals.--On or after the date on which the broadband
        DATA maps are made public, the Assistant Secretary, in coordination
        with the Commission, shall issue a notice to each eligible entity
        that--
                (A) contains the estimated amount available to the eligible
            entity under subsection (c); and
                (B) invites the eligible entity to submit an initial
            proposal and final proposal for a grant under this section, in
            accordance with paragraphs (3) and (4) of this subsection.
            (3) Initial proposal.--
                (A) Submission.--
                    (i) In general.--After the Assistant Secretary issues
                the notice under paragraph (2), an eligible entity that
                wishes to receive a grant under this section shall submit
                an initial proposal for a grant, using the online
                application form developed by the Assistant Secretary under
                paragraph (1)(A)(iii), that--

                        (I) outlines long-term objectives for deploying
                    broadband, closing the digital divide, and enhancing
                    economic growth and job creation, including--

                            (aa) information developed by the eligible
                        entity as part of the action plan submitted under
                        paragraph (1)(D), if applicable; and
                            (bb) information from any comparable strategic
                        plan otherwise developed by the eligible entity, if
                        applicable;

                        (II)(aa) identifies, and outlines steps to support,
                    local and regional broadband planning processes or
                    ongoing efforts to deploy broadband or close the
                    digital divide; and
                        (bb) describes coordination with local governments,
                    along with local and regional broadband planning
                    processes;
                        (III) identifies existing efforts funded by the
                    Federal Government or a State within the jurisdiction
                    of the eligible entity to deploy broadband and close
                    the digital divide;
                        (IV) includes a plan to competitively award
                    subgrants to ensure timely deployment of broadband;
                        (V) identifies--

                            (aa) each unserved location or underserved
                        location under the jurisdiction of the eligible
                        entity; and
                            (bb) each community anchor institution under
                        the jurisdiction of the eligible entity that is an
                        eligible community anchor institution; and

                        (VI) certifies the intent of the eligible entity to
                    comply with all applicable requirements under this
                    section, including the reporting requirements under
                    subsection (j)(1).

                    (ii) Local coordination.--

                        (I) In general.--The Assistant Secretary shall
                    establish local coordination requirements for eligible
                    entities to follow, to the greatest extent practicable.
                        (II) Requirements.-- The local coordination
                    requirements established under subclause (I) shall
                    include, at minimum, an opportunity for political
                    subdivisions of an eligible entity to--

                            (aa) submit plans for consideration by the
                        eligible entity; and
                            (bb) comment on the initial proposal of the
                        eligible entity before the initial proposal is
                        submitted to the Assistant Secretary.
                (B) Single initial proposal.--An eligible entity may submit
            only 1 initial proposal under this paragraph.
                (C) Corrections to initial proposal.--The Assistant
            Secretary may accept corrections to the initial proposal of an
            eligible entity after the initial proposal has been submitted.
                (D) Consideration of initial proposal.--After receipt of an
            initial proposal for a grant under this paragraph, the
            Assistant Secretary--
                    (i) shall acknowledge receipt;
                    (ii) if the initial proposal is complete--

                        (I) shall determine whether the use of funds
                    proposed in the initial proposal--

                            (aa) complies with subsection (f);
                            (bb) is in the public interest; and
                            (cc) effectuates the purposes of this Act;

                        (II) shall approve or disapprove the initial
                    proposal based on the determinations under subclause
                    (I); and
                        (III) if the Assistant Secretary approves the
                    initial proposal under clause (ii)(II), shall make
                    available to the eligible entity--

                            (aa) 20 percent of the grant funds that were
                        allocated to the eligible entity under subsection
                        (c); or
                            (bb) a higher percentage of the grant funds
                        that were allocated to the eligible entity under
                        subsection (c), at the discretion of the Assistant
                        Secretary; and
                    (iii) if the initial proposal is incomplete, or is
                disapproved under clause (ii)(II), shall notify the
                eligible entity and provide the eligible entity with an
                opportunity to resubmit the initial proposal.
                (E) Consideration of resubmitted initial proposal.--After
            receipt of a resubmitted initial proposal for a grant under
            this paragraph, the Assistant Secretary--
                    (i) shall acknowledge receipt;
                    (ii) if the initial proposal is complete--

                        (I) shall determine whether the use of funds
                    proposed in the initial proposal--

                            (aa) complies with subsection (f);
                            (bb) is in the public interest; and
                            (cc) effectuates the purposes of this Act;

                        (II) shall approve or disapprove the initial
                    proposal based on the determinations under subclause
                    (I); and
                        (III) if the Assistant Secretary approves the
                    initial proposal under clause (ii)(II), shall make
                    available to the eligible entity--

                            (aa) 20 percent of the grant funds that were
                        allocated to the eligible entity under subsection
                        (c); or
                            (bb) a higher percentage of the grant funds
                        that were allocated to the eligible entity under
                        subsection (c), at the discretion of the Assistant
                        Secretary; and
                    (iii) if the initial proposal is incomplete, or is
                disapproved under clause (ii)(II), shall notify the
                eligible entity and provide the eligible entity with an
                opportunity to resubmit the initial proposal.
            (4) Final proposal.--
                (A) Submission.--
                    (i) In general.--After the Assistant Secretary
                approvals the initial proposal of an eligible entity under
                paragraph (3), the eligible entity may submit a final
                proposal for the remainder of the amount allocated to the
                eligible entity under subsection (c), using the online
                application form developed by the Assistant Secretary under
                paragraph (1)(A)(iii), that includes--

                        (I) a detailed plan that specifies how the eligible
                    entity will--

                            (aa) allocate grant funds for the deployment of
                        broadband networks to unserved locations and
                        underserved locations, in accordance with
                        subsection (h)(1)(A)(i); and
                            (bb) align the grant funds allocated to the
                        eligible entity under subsection (c), where
                        practicable, with the use of other funds that the
                        eligible entity receives from the Federal
                        Government, a State, or a private entity for
                        related purposes;

                        (II) a timeline for implementation;
                        (III) processes for oversight and accountability to
                    ensure the proper use of the grant funds allocated to
                    the eligible entity under subsection (c); and
                        (IV) a description of coordination with local
                    governments, along with local and regional broadband
                    planning processes.

                    (ii) Local coordination.--

                        (I) In general.--The Assistant Secretary shall
                    establish local coordination requirements for eligible
                    entities to follow, to the greatest extent practicable.
                        (II) Requirements.-- The local coordination
                    requirements established under subclause (I) shall
                    include, at minimum, an opportunity for political
                    subdivisions of an eligible entity to--

                            (aa) submit plans for consideration by the
                        eligible entity; and
                            (bb) comment on the final proposal of the
                        eligible entity before the final proposal is
                        submitted to the Assistant Secretary.
                    (iii) Federal coordination.--To ensure efficient and
                effective use of taxpayer funds, an eligible entity shall,
                to the greatest extent practicable, align the use of grant
                funds proposed in the final proposal under clause (i) with
                funds available from other Federal programs that support
                broadband deployment and access.
                (B) Single final proposal.--An eligible entity may submit
            only 1 final proposal under this paragraph.
                (C) Corrections to final proposal.--The Assistant Secretary
            may accept corrections to the final proposal of an eligible
            entity after the final proposal has been submitted.
                (D) Consideration of final proposal.--After receipt of a
            final proposal for a grant under this paragraph, the Assistant
            Secretary--
                    (i) shall acknowledge receipt;
                    (ii) if the final proposal is complete--

                        (I) shall determine whether the use of funds
                    proposed in the final proposal--

                            (aa) complies with subsection (f);
                            (bb) is in the public interest; and
                            (cc) effectuates the purposes of this Act;

                        (II) shall approve or disapprove the final proposal
                    based on the determinations under subclause (I); and
                        (III) if the Assistant Secretary approves the final
                    proposal under clause (ii)(II), shall make available to
                    the eligible entity the remainder of the grant funds
                    allocated to the eligible entity under subsection (c);
                    and

                    (iii) if the final proposal is incomplete, or is
                disapproved under clause (ii)(II), shall notify the
                eligible entity and provide the eligible entity with an
                opportunity to resubmit the final proposal.
                (E) Consideration of resubmitted final proposal.--After
            receipt of a resubmitted final proposal for a grant under this
            paragraph, the Assistant Secretary--
                    (i) shall acknowledge receipt;
                    (ii) if the final proposal is complete--

                        (I) shall determine whether the use of funds
                    proposed in the final proposal--

                            (aa) complies with subsection (f);
                            (bb) is in the public interest; and
                            (cc) effectuates the purposes of this Act;

                        (II) shall approve or disapprove the final proposal
                    based on the determinations under subclause (I); and
                        (III) if the Assistant Secretary approves the final
                    proposal under clause (ii)(II), shall make available to
                    the eligible entity the remainder of the grant funds
                    allocated to the eligible entity under subsection (c);
                    and

                    (iii) if the final proposal is incomplete, or is
                disapproved under clause (ii)(II), shall notify the
                eligible entity and provide the eligible entity with an
                opportunity to resubmit the final proposal.
        (f) Use of Funds.--An eligible entity may use grant funds received
    under this section to competitively award subgrants for--
            (1) unserved service projects and underserved service projects;
            (2) connecting eligible community anchor institutions;
            (3) data collection, broadband mapping, and planning;
            (4) installing internet and Wi-Fi infrastructure or providing
        reduced-cost broadband within a multi-family residential building,
        with priority given to a residential building that--
                (A) has a substantial share of unserved households; or
                (B) is in a location in which the percentage of individuals
            with a household income that is at or below 150 percent of the
            poverty line applicable to a family of the size involved (as
            determined under section 673(2) of the Community Services Block
            Grant Act (42 U.S.C. 9902(2)) is higher than the national
            percentage of such individuals;
            (5) broadband adoption, including programs to provide
        affordable internet-capable devices; and
            (6) any use determined necessary by the Assistant Secretary to
        facilitate the goals of the Program.
        (g) General Program Requirements.--
            (1) Subgrantee obligations.--A subgrantee, in carrying out
        activities using amounts received from an eligible entity under
        this section--
                (A) shall adhere to quality-of-service standards, as
            established by the Assistant Secretary;
                (B) shall comply with prudent cybersecurity and supply
            chain risk management practices, as specified by the Assistant
            Secretary, in consultation with the Director of the National
            Institute of Standards and Technology and the Commission;
                (C) shall incorporate best practices, as defined by the
            Assistant Secretary, for ensuring reliability and resilience of
            broadband infrastructure; and
                (D) may not use the amounts to purchase or support--
                    (i) any covered communications equipment or service, as
                defined in section 9 of the Secure and Trusted
                Communications Networks Act of 2019 (47 U.S.C. 1608); or
                    (ii) fiber optic cable and optical transmission
                equipment manufactured in the People's Republic of China,
                except that the Assistant Secretary may waive the
                application of this clause with respect to a project if the
                eligible entity that awards a subgrant for the project
                shows that such application would unreasonably increase the
                cost of the project.
            (2) Eligible entity obligations.--In distributing funds to
        subgrantees under this section, an eligible entity shall--
                (A) ensure that any prospective subgrantee--
                    (i) is capable of carrying out activities funded by the
                subgrant in a competent manner in compliance with all
                applicable Federal, State, and local laws;
                    (ii) has the financial and managerial capacity to
                meet--

                        (I) the commitments of the subgrantee under the
                    subgrant;
                        (II) the requirements of the Program; and
                        (III) such requirements as may be further
                    prescribed by the Assistant Secretary; and

                    (iii) has the technical and operational capability to
                provide the services promised in the subgrant in the manner
                contemplated by the subgrant award;
                (B) stipulate, in any contract with a subgrantee for the
            use of such funds, reasonable provisions for recovery of funds
            for nonperformance; and
                (C)(i) distribute the funds in an equitable and non-
            discriminatory manner; and
                (ii) ensure, through a stipulation in any contract with a
            subgrantee for the use of such funds, that each subgrantee uses
            the funds in an equitable and nondiscriminatory manner.
            (3) Deobligation of awards; internet disclosure.--The Assistant
        Secretary--
                (A) shall establish, in coordination with relevant Federal
            and State partners, appropriate mechanisms to ensure
            appropriate use of funds made available under this section;
                (B) may, in addition to other authority under applicable
            law--
                    (i) deobligate grant funds awarded to an eligible
                entity that--

                        (I) violates paragraph (2); or
                        (II) demonstrates an insufficient level of
                    performance, or wasteful or fraudulent spending, as
                    defined in advance by the Assistant Secretary; and

                    (ii) award grant funds that are deobligated under
                clause (i) to new or existing applicants consistent with
                this section; and
                (C) shall create and maintain a fully searchable database,
            accessible on the internet at no cost to the public, that
            contains information sufficient to allow the public to
            understand and monitor grants and subgrants awarded under the
            Program.
        (h) Broadband Network Deployment.--
            (1) Order of awards; priority.--
                (A) In general.--An eligible entity, in awarding subgrants
            for the deployment of a broadband network using grant funds
            received under this section, as authorized under subsection
            (f)(1)--
                    (i) shall award funding in a manner that--

                        (I) prioritizes unserved service projects;
                        (II) after certifying to the Assistant Secretary
                    that the eligible entity will ensure coverage of
                    broadband service to all unserved locations within the
                    eligible entity, prioritizes underserved service
                    projects; and
                        (III) after prioritizing underserved service
                    projects, provides funding to connect eligible
                    community anchor institutions;

                    (ii) in providing funding under subclauses (I), (II),
                and (III) of clause (i), shall prioritize funding for
                deployment of broadband infrastructure for priority
                broadband projects;
                    (iii) may not exclude cooperatives, nonprofit
                organizations, public-private partnerships, private
                companies, public or private utilities, public utility
                districts, or local governments from eligibility for such
                grant funds; and
                    (iv) shall give priority to projects based on--

                        (I) deployment of a broadband network to persistent
                    poverty counties or high-poverty areas;
                        (II) the speeds of the proposed broadband service;
                        (III) the expediency with which a project can be
                    completed; and
                        (IV) a demonstrated record of and plans to be in
                    compliance with Federal labor and employment laws.

                (B) Authority of assistant secretary.--The Assistant
            Secretary may provide additional guidance on the prioritization
            of subgrants awarded for the deployment of a broadband network
            using grant funds received under this section.
            (2) Challenge process.--
                (A) In general.--After submitting an initial proposal under
            subsection (e)(3) and before allocating grant funds received
            under this section for the deployment of broadband networks, an
            eligible entity shall ensure a transparent, evidence-based, and
            expeditious challenge process under which a unit of local
            government, nonprofit organization, or other broadband service
            provider can challenge a determination made by the eligible
            entity in the initial proposal as to whether a particular
            location or community anchor institution within the
            jurisdiction of the eligible entity is eligible for the grant
            funds, including whether a particular location is unserved or
            underserved.
                (B) Final identification; notification of funding
            eligibility.--After resolving each challenge under subparagraph
            (A), and not later than 60 days before allocating grant funds
            received under this section for the deployment of broadband
            networks, an eligible entity shall provide public notice of the
            final classification of each unserved location, underserved
            location, or eligible community anchor institution within the
            jurisdiction of the eligible entity.
                (C) Consultation with ntia.--An eligible entity shall
            notify the Assistant Secretary of any modification to the
            initial proposal of the eligible entity submitted under
            subsection (e)(3) that is necessitated by a successful
            challenge under subparagraph (A) of this paragraph.
                (D) NTIA authority.--The Assistant Secretary--
                    (i) may modify the challenge process required under
                subparagraph (A) as necessary; and
                    (ii) may reverse the determination of an eligible
                entity with respect to the eligibility of a particular
                location or community anchor institution for grant funds
                under this section.
                (E) Expediting broadband data collection activities.--
                    (i) Deadline for resolution of challenge process under
                broadband data act.--Section 802(b)(5)(C)(i) of the
                Communications Act of 1934 (47 U.S.C. 642(b)(5)(C)(i)) is
                amended by striking ``challenges'' and inserting the
                following: ``challenges, which shall require that the
                Commission resolve a challenge not later than 90 days after
                the date on which a final response by a provider to a
                challenge to the accuracy of a map or information described
                in subparagraph (A) is complete''.
                    (ii) Paperwork reduction act exemption expansion.--
                Section 806(b) of the Communications Act of 1934 (47 U.S.C.
                646(b)) is amended by striking ``the initial rule making
                required under section 802(a)(1)'' and inserting ``any rule
                making or other action by the Commission required under
                this title''.
                    (iii) Implementation.--The Commission shall implement
                the amendments made by this subparagraph as soon as
                possible after the date of enactment of this Act.
            (3) Non-federal share of broadband infrastructure deployment
        costs.--
                (A) In general.--
                    (i) Matching requirement.--In allocating grant funds
                received under this section for deployment of broadband
                networks, an eligible entity shall provide, or require a
                subgrantee to provide, a contribution, derived from non-
                Federal funds (or funds from a Federal regional commission
                or authority), except in high-cost areas or as otherwise
                provided by this Act, of not less than 25 percent of
                project costs.
                    (ii) Waiver.--Upon request by an eligible entity or a
                subgrantee, the Assistant Secretary may reduce or waive the
                required matching contribution under clause (i).
                (B) Source of match.--A matching contribution under
            subparagraph (A)--
                    (i) may be provided by an eligible entity, a unit of
                local government, a utility company, a cooperative, a
                nonprofit organization, a for-profit company, regional
                planning or governmental organization, a Federal regional
                commission or authority, or any combination thereof;
                    (ii) may include in-kind contributions; and
                    (iii) may include funds that were provided to an
                eligible entity or a subgrantee--

                        (I) under--

                            (aa) the Families First Coronavirus Response
                        Act (Public Law 116-127; 134 Stat. 178);
                            (bb) the CARES Act (Public Law 116-136; 134
                        Stat. 281);
                            (cc) the Consolidated Appropriations Act, 2021
                        (Public Law 116-260; 134 Stat. 1182);
                            (dd) the American Rescue Plan Act of 2021
                        (Public Law 117-2; 135 Stat. 4); or
                            (ee) any amendment made by an Act described in
                        any of items (aa) through (dd); and

                        (II) for the purpose of deployment of broadband
                    service, as described in the applicable provision of
                    law described in subclause (I).

                (C) Definition.--For purposes of this paragraph, the term
            ``Federal regional commission or authority'' means--
                    (i) the Appalachian Regional Commission;
                    (ii) the Delta Regional Authority;
                    (iii) the Denali Commission; and
                    (iv) the Northern Border Regional Commission.
            (4) Deployment and provision of service requirements.--An
        entity that receives a subgrant under subsection (f)(1) for the
        deployment of a broadband network--
                (A) in providing broadband service using the network--
                    (i) shall provide broadband service--

                        (I) at a speed of not less than 100 megabits per
                    second for downloads and 20 megabits per second for
                    uploads;
                        (II) with a latency that is sufficiently low to
                    allow reasonably foreseeable, real-time, interactive
                    applications; and
                        (III) with network outages that do not exceed, on
                    average, 48 hours over any 365-day period; and

                    (ii) shall provide access to broadband service to each
                customer served by the project that desires broadband
                service;
                (B) shall offer not less than 1 low-cost broadband service
            option for eligible subscribers, as those terms are defined in
            paragraph (5) of this subsection;
                (C) shall deploy the broadband network and begin providing
            broadband service to each customer that desires broadband
            service not later than 4 years after the date on which the
            entity receives the subgrant, except that an eligible entity
            may extend the deadline under this subparagraph if--
                    (i) the eligible entity has a plan for use of the grant
                funds;
                    (ii) the construction project is underway; or
                    (iii) extenuating circumstances require an extension of
                time to allow the project to be completed;
                (D) for any project that involves laying fiber optic cables
            or conduit underground or along a roadway, shall include
            interspersed conduit access points at regular and short
            intervals;
                (E) may use the subgrant to deploy broadband infrastructure
            in or through any area required to reach interconnection points
            or otherwise to ensure the technical feasibility and financial
            sustainability of a project providing broadband service to an
            unserved location, underserved location, or eligible community
            anchor institution;
                (F) once the network has been deployed, shall provide
            public notice, online and through other means, of that fact to
            the locations and areas to which broadband service has been
            provided and share the public notice with the eligible entity
            that awarded the subgrant;
                (G) shall carry out public awareness campaigns in service
            areas that are designed to highlight the value and benefits of
            broadband service in order to increase the adoption of
            broadband service by consumers; and
                (H) if the entity is no longer able to provide broadband
            service to the locations covered by the subgrant at any time,
            shall sell the network capacity at a reasonable, wholesale rate
            on a nondiscriminatory basis to other broadband service
            providers or public sector entities.
            (5) Low-cost broadband service option.--
                (A) Definitions.--In this paragraph--
                    (i) the term ``eligible subscriber'' shall have the
                meaning given the term by the Assistant Secretary for
                purposes of this paragraph; and
                    (ii) the term ``low-cost broadband service option''
                shall be defined by an eligible entity for subgrantees of
                the eligible entity in accordance with subparagraph (B).
                (B) Defining ``low-cost broadband service option''.--
                    (i) Proposal.--An eligible entity shall submit to the
                Assistant Secretary for approval, in the final proposal of
                the eligible entity submitted under subsection (e)(4), a
                proposed definition of ``low-cost broadband service
                option'' that shall apply to subgrantees of the eligible
                entity for purposes of the requirement under paragraph
                (4)(B) of this subsection.
                    (ii) Consultation.--An eligible entity shall consult
                with the Assistant Secretary and prospective subgrantees
                regarding a proposed definition of ``low-cost broadband
                service option'' before submitting the proposed definition
                to the Assistant Secretary under clause (i).
                    (iii) Approval of assistant secretary.--

                        (I) In general.--A proposed definition of ``low-
                    cost broadband service option'' submitted by an
                    eligible entity under clause (i) shall not take effect
                    until the Assistant Secretary approves the final
                    proposal of the eligible entity submitted under
                    subsection (e)(4), including approval of the proposed
                    definition of ``low-cost broadband service option''.
                        (II) Resubmission.--If the Assistant Secretary does
                    not approve a proposed definition of ``low-cost
                    broadband service option'' submitted by an eligible
                    entity under clause (i), the Assistant Secretary
                    shall--

                            (aa) notify the eligible entity and provide the
                        eligible entity with an opportunity to resubmit the
                        final proposal, as provided in subsection (e)(4),
                        with an improved definition of ``low-cost broadband
                        service option''; and
                            (bb) provide the eligible entity with
                        instructions on how to cure the defects in the
                        proposed definition.
                    (iv) Public disclosure.--After the Assistant Secretary
                approves the final proposal of an eligible entity under
                subsection (e)(4), and before the Assistant Secretary
                disburses any funds to the eligible entity based on that
                approval, the Assistant Secretary shall publicly disclose
                the eligible entity's definition of ``low-cost broadband
                service option''.
                (C) Nonperformance.--The Assistant Secretary shall develop
            procedures under which the Assistant Secretary or an eligible
            entity may--
                    (i) evaluate the compliance of a subgrantee with the
                requirement under paragraph (4)(B); and
                    (ii) take corrective action, including recoupment of
                funds from the subgrantee, for noncompliance with the
                requirement under paragraph (4)(B).
                (D) No regulation of rates permitted.--Nothing in this
            title may be construed to authorize the Assistant Secretary or
            the National Telecommunications and Information Administration
            to regulate the rates charged for broadband service.
                (E) Guidance.--The Assistant Secretary may issue guidance
            to eligible entities to carry out the purposes of this
            paragraph.
            (6) Return of funds.--An entity that receives a subgrant from
        an eligible entity under subsection (f) and fails to comply with
        any requirement under this subsection shall return up to the entire
        amount of the subgrant to the eligible entity, at the discretion of
        the eligible entity or the Assistant Secretary.
        (i) Regulations.--The Assistant Secretary may issue such
    regulations or other guidance, forms, instructions, and publications as
    may be necessary or appropriate to carry out the programs, projects, or
    activities authorized under this section, including to ensure that
    those programs, projects, or activities are completed in a timely and
    effective manner.
        (j) Reporting.--
            (1) Eligible entities.--
                (A) Initial report.--Not later than 90 days after receiving
            grant funds under this section, for the sole purposes of
            providing transparency and providing information to inform
            future Federal broadband planning, an eligible entity shall
            submit to the Assistant Secretary a report that--
                    (i) describes the planned and actual use of funds;
                    (ii) describes the planned and actual process of
                subgranting;
                    (iii) identifies the establishment of appropriate
                mechanisms by the eligible entity to ensure that all
                subgrantees of the eligible entity comply with the eligible
                uses prescribed under subsection (f); and
                    (iv) includes any other information required by the
                Assistant Secretary.
                (B) Semiannual report.--Not later than 1 year after
            receiving grant funds under this section, and semiannually
            thereafter until the funds have been expended, an eligible
            entity shall submit to the Assistant Secretary a report, with
            respect to the 6-month period immediately preceding the report
            date, that--
                    (i) describes how the eligible entity expended the
                grant funds;
                    (ii) describes each service provided with the grant
                funds;
                    (iii) describes the number of locations at which
                broadband service was made available using the grant funds,
                and the number of those locations at which broadband
                service was utilized; and
                    (iv) certifies that the eligible entity complied with
                the requirements of this section and with any additional
                reporting requirements prescribed by the Assistant
                Secretary.
                (C) Final report.--Not later than 1 year after an eligible
            entity has expended all grant funds received under this
            section, the eligible entity shall submit to the Assistant
            Secretary a report that--
                    (i) describes how the eligible entity expended the
                funds;
                    (ii) describes each service provided with the grant
                funds;
                    (iii) describes the number of locations at which
                broadband service was made available using the grant funds,
                and the number of those locations at which broadband
                service was utilized;
                    (iv) includes each report that the eligible entity
                received from a subgrantee under paragraph (2); and
                    (v) certifies that the eligible entity complied with
                the requirements of this section and with any additional
                reporting requirements prescribed by the Assistant
                Secretary.
                (D) Provision to fcc and usda.--Subject to section
            904(b)(2) of division FF of the Consolidated Appropriations
            Act, 2021 (Public Law 116-260) (relating to an interagency
            agreement), the Assistant Secretary shall coordinate with the
            Commission and the Department of Agriculture, including
            providing the final reports received under subparagraph (C) to
            the Commission and the Department of Agriculture to be used
            when determining whether to award funds for the deployment of
            broadband under any program administered by those agencies.
                (E) Federal agency reporting requirement.--
                    (i) Definitions.--In this subparagraph, the terms
                ``agency'' and ``Federal broadband support program'' have
                the meanings given those terms in section 903 of division
                FF of the Consolidated Appropriations Act, 2021 (Public Law
                116-260) (also known as the ``ACCESS BROADBAND Act'').
                    (ii) Requirement.--An agency that offers a Federal
                broadband support program shall provide data to the
                Assistant Secretary, in a manner and format prescribed by
                the Assistant Secretary, to promote coordination of efforts
                to track construction and use of broadband infrastructure.
            (2) Subgrantees.--
                (A) Semiannual report.--The recipient of a subgrant from an
            eligible entity under this section shall submit to the eligible
            entity a semiannual report for the duration of the subgrant to
            track the effectiveness of the use of funds provided.
                (B) Contents.--Each report submitted under subparagraph (A)
            shall--
                    (i) describe each type of project carried out using the
                subgrant and the duration of the subgrant;
                    (ii) in the case of a broadband infrastructure
                project--

                        (I) include a list of addresses or locations that
                    constitute the service locations that will be served by
                    the broadband infrastructure to be constructed;
                        (II) identify whether each address or location
                    described in subclause (I) is residential, commercial,
                    or a community anchor institution;
                        (III) describe the types of facilities that have
                    been constructed and installed;
                        (IV) describe the peak and off-peak actual speeds
                    of the broadband service being offered;
                        (V) describe the maximum advertised speed of the
                    broadband service being offered;
                        (VI) describe the non-promotional prices, including
                    any associated fees, charged for different tiers of
                    broadband service being offered;
                        (VII) include any other data that would be required
                    to comply with the data and mapping collection
                    standards of the Commission under section 1.7004 of
                    title 47, Code of Federal Regulations, or any successor
                    regulation, for broadband infrastructure projects; and
                        (VIII) comply with any other reasonable reporting
                    requirements determined by the eligible entity or the
                    Assistant Secretary; and

                    (iii) certify that the information in the report is
                accurate.
            (3) Standardization and coordination.--The Assistant Secretary
        and the Commission shall collaborate to--
                (A) standardize and coordinate reporting of locations at
            which broadband service was provided using grant funds received
            under this section in accordance with title VIII of the
            Communications Act of 1934 (47 U.S.C. 641 et seq.); and
                (B) provide a standardized methodology to recipients of
            grants and subgrantees under this section for reporting the
            information described in subparagraph (A).
            (4) Information on broadband subsidies and low-income plans.--
                (A) Establishment of website.--Not later than 2 years after
            the date of enactment of this Act, the Assistant Secretary, in
            consultation with the Commission, shall establish a publicly
            available website that--
                    (i) allows a consumer to determine, based on financial
                information entered by the consumer, whether the consumer
                is eligible--

                        (I) to receive a Federal or State subsidy with
                    respect to broadband service; or
                        (II) for a low-income plan with respect to
                    broadband service; and

                    (ii) contains information regarding how to apply for
                the applicable benefit described in clause (i).
                (B) Provision of data.--A Federal entity, State entity
            receiving Federal funds, or provider of broadband service that
            offers a subsidy or low-income plan, as applicable, with
            respect to broadband service shall provide data to the
            Assistant Secretary in a manner and format as established by
            the Assistant Secretary as necessary for the Assistant
            Secretary to carry out subparagraph (A).
        (k) Relation to Other Public Funding.--Notwithstanding any other
    provision of law--
            (1) an entity that has received amounts from the Federal
        Government or a State or local government for the purpose of
        expanding access to broadband service may receive a subgrant under
        subsection (f) in accordance with this section; and
            (2) the receipt of a subgrant under subsection (f) by an entity
        described in paragraph (1) of this subsection shall not affect the
        eligibility of the entity to receive the amounts from the Federal
        Government or a State or local government described in that
        paragraph.
        (l) Supplement Not Supplant.--Grant funds awarded to an eligible
    entity under this section shall be used to supplement, and not
    supplant, the amounts that the eligible entity would otherwise make
    available for the purposes for which the grant funds may be used.
        (m) Sense of Congress Regarding Federal Agency Coordination.--It is
    the sense of Congress that Federal agencies responsible for supporting
    broadband deployment, including the Commission, the Department of
    Commerce, and the Department of Agriculture, to the extent possible,
    should align the goals, application and reporting processes, and
    project requirements with respect to broadband deployment supported by
    those agencies.
        (n) Judicial Review.--
            (1) In general.--The United States District Court for the
        District of Columbia shall have exclusive jurisdiction to review a
        decision of the Assistant Secretary made under this section.
            (2) Standard of review.--In carrying out any review described
        in paragraph (1), the court shall affirm the decision of the
        Assistant Secretary unless--
                (A) the decision was procured by corruption, fraud, or
            undue means;
                (B) there was actual partiality or corruption in the
            Assistant Secretary; or
                (C) the Assistant Secretary was guilty of--
                    (i) misconduct in refusing to review the administrative
                record; or
                    (ii) any other misbehavior by which the rights of any
                party have been prejudiced.
        (o) Exemption From Certain Laws.--Any action taken or decision made
    by the Assistant Secretary under this section shall be exempt from the
    requirements of--
            (1) section 3506 of title 44, United States Code (commonly
        referred to as the ``Paperwork Reduction Act'');
            (2) chapter 5 or 7 of title 5, United States Code (commonly
        referred to as the ``Administrative Procedures Act''); and
            (3) chapter 6 of title 5, United States Code (commonly referred
        to as the ``Regulatory Flexibility Act'').
    SEC. 60103. BROADBAND DATA MAPS.
        (a) Definition.--In this section, the term ``Commission'' means the
    Federal Communications Commission.
        (b) Provision of Information.--A broadband provider shall provide
    the Commission with any information, in the format, type, or
    specification requested by the Commission, necessary to augment the
    collection of data by the Commission under--
            (1) title VIII of the Communications Act of 1934 (47 U.S.C. 641
        et seq.); or
            (2) the Form 477 data collection program.
        (c) Notice of Initial Broadband DATA Collection Filing Deadline.--
    The Commission--
            (1) shall provide notice to broadband providers not later than
        60 days before the initial deadline for submission of data under
        section 802(a)(1)(A) of the Communications Act of 1934 (47 U.S.C.
        642(a)(1)(A)); and
            (2) notwithstanding any prior decision of the Commission to the
        contrary, shall not be required to provide notice not later than 6
        months before the initial deadline described in paragraph (1).
        (d) Availability of Census Data.--
            (1) In general.--Section 802(b)(1) of the Communications Act of
        1934 (47 U.S.C. 802(b)(1)) is amended by adding at the end the
        following:
                ``(D) Availability of census data.--The Secretary of
            Commerce shall submit to the Commission, for inclusion in the
            Fabric, a count of the aggregate number of housing units in
            each census block, as collected by the Bureau of the Census.''.
            (2) Provision of updated 2020 census data.--Not later than 30
        days after receiving a request from the Commission, the Secretary
        of Commerce, in implementing the amendment made by paragraph (1),
        shall provide the Commission with a count of the aggregate number
        of housing units in each census block, as collected during the 2020
        decennial census of population.
        (e) Publication of Broadband DATA Maps on Internet.--Section
    802(c)(6) of the Communications Act of 1934 (47 U.S.C. 642(c)(6)) is
    amended, in the matter preceding paragraph (6), by inserting ``,
    including on a publicly available website,'' after ``make public''.
    SEC. 60104. REPORT ON FUTURE OF UNIVERSAL SERVICE FUND.
        (a) Definitions.--In this section--
            (1) the term ``Commission'' means the Federal Communications
        Commission; and
            (2) the term ``universal service goals for broadband'' means
        the statutorily mandated goals of universal service for advanced
        telecommunications capability under section 706 of the
        Telecommunications Act of 1996 (47 U.S.C. 1302).
        (b) Evaluation.--Not later than 30 days after the date of enactment
    of this Act, the Commission shall commence a proceeding to evaluate the
    implications of this Act and the amendments made by this Act on how the
    Commission should achieve the universal service goals for broadband.
        (c) Report.--
            (1) In general.--Not later than 270 days after the date of
        enactment of this Act, the Commission shall submit to Congress a
        report on the options of the Commission for improving its
        effectiveness in achieving the universal service goals for
        broadband in light of this Act and the amendments made by this Act,
        and other legislation that addresses those goals.
            (2) Recommendations.--In the report submitted under paragraph
        (1), the Commission may make recommendations for Congress on
        further actions the Commission and Congress could take to improve
        the ability of the Commission to achieve the universal service
        goals for broadband.
            (3) Scope of universal service.--In submitting the report under
        paragraph (1), the Commission--
                (A) may not in any way reduce the congressional mandate to
            achieve the universal service goals for broadband; and
                (B) may provide recommendations for Congress to expand the
            universal service goals for broadband, if the Commission
            believes such an expansion is in the public interest.
    SEC. 60105. BROADBAND DEPLOYMENT LOCATIONS MAP.
        (a) Definitions.--In this section:
            (1) Broadband infrastructure.--The term ``broadband
        infrastructure'' means any cables, fiber optics, wiring, or other
        permanent (integral to the structure) infrastructure, including
        wireless infrastructure, that--
                (A) is capable of providing access to internet connections
            in individual locations; and
                (B) is an advanced telecommunications capability, as
            defined in section 706(d) of the Telecommunications Act of 1996
            (47 U.S.C. 1302(d)).
            (2) Commission.--The term ``Commission'' means the Federal
        Communications Commission.
            (3) Deployment locations map.--The term ``Deployment Locations
        Map'' means the mapping tool required to be established under
        subsection (b).
        (b) Establishment of Deployment Locations Map.--Not later than 18
    months after the date of enactment of this Act, the Commission shall,
    in consultation with all relevant Federal agencies, establish an online
    mapping tool to provide a locations overview of the overall geographic
    footprint of each broadband infrastructure deployment project funded by
    the Federal Government.
        (c) Requirements.--The Deployment Locations Map shall be--
            (1) the centralized, authoritative source of information on
        funding made available by the Federal Government for broadband
        infrastructure deployment in the United States; and
            (2) made publicly available on the website of the Commission.
        (d) Functions.--In establishing the Deployment Locations Map, the
    Commission shall ensure that the Deployment Locations Map--
            (1) compiles data related to Federal funding for broadband
        infrastructure deployment provided by the Commission, the National
        Telecommunications and Information Administration, the Department
        of Agriculture, the Department of Health and Human Services, the
        Department of the Treasury, the Department of Housing and Urban
        Development, the Institute of Museum and Library Sciences, and any
        other Federal agency that provides such data relating to broadband
        infrastructure deployment funding to the Commission, including
        funding under--
                (A) this Act;
                (B) the Coronavirus Aid, Relief, and Economic Security Act
            (Public Law 116-136);
                (C) the Consolidated Appropriations Act, 2021 (Public Law
            116-260);
                (D) American Rescue Plan Act of 2021 (Public Law 117-2); or
                (E) any Federal amounts appropriated or any Federal program
            authorized after the date of enactment of this Act to fund
            broadband infrastructure deployment;
            (2) contains data, with respect to each broadband
        infrastructure deployment program, relating to--
                (A) the Federal agency of jurisdiction;
                (B) the program title; and
                (C) the network type, including wired, terrestrial fixed,
            wireless, mobile, and satellite broadband infrastructure
            deployment;
            (3) allows users to manipulate the Deployment Locations Map to
        identify, search, and filter broadband infrastructure deployment
        projects by--
                (A) company name;
                (B) duration timeline, including the dates of a project's
            beginning and ending, or anticipated beginning or ending date;
                (C) total number of locations to which a project makes
            service available; and
                (D) relevant download and upload speeds; and
            (4) incorporates broadband service availability data as
        depicted in the Broadband Map created under section 802(c)(1) of
        the Communications Act of 1934 (47 U.S.C. 642(c)(1)).
        (e) Periodic Updates.--
            (1) In general.--The Commission shall, in consultation with
        relevant Federal agencies, ensure the Deployment Locations Map is
        maintained and up to date on a periodic basis, but not less
        frequently than once every 180 days.
            (2) Other federal agencies.--Each Federal agency providing
        funding for broadband infrastructure deployment shall report
        relevant data to the Commission on a periodic basis.
        (f) No Effect on Programmatic Missions.--Nothing in this section
    shall be construed to affect the programmatic missions of Federal
    agencies providing funding for broadband infrastructure development.
        (g) Nonduplication.--The requirements in this section shall be
    consistent with and avoid duplication with the provisions of section
    903 of division FF of the Consolidated Appropriations Act, 2021 (Public
    Law 116-260).
        (h) Funding.--Of the amounts appropriated to carry out this
    division under this Act, $10,000,000 shall be made available to carry
    out this section.

              TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

    SEC. 60201. TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.
         Section 905 of division N of the Consolidated Appropriations Act,
    2021 (Public Law 116-260) is amended--
            (1) in subsection (c)--
                (A) in paragraph (1)(B), by striking ``during the COVID-19
            pandemic'';
                (B) in paragraph (4)--
                    (i) in subparagraph (A)--

                        (I) in clause (i), by striking ``180 days after
                    receiving grant funds'' and inserting ``18 months after
                    receiving an allocation of funds pursuant to a specific
                    grant award''; and
                        (II) in clause (ii), by striking ``revert to the
                    general fund of the Treasury'' and inserting ``be made
                    available to other eligible entities for the purposes
                    provided in this subsection'';

                    (ii) in subparagraph (B)--

                        (I) in clause (i), by striking ``1 year after
                    receiving grant funds'' and inserting ``4 years after
                    receiving an allocation of funds pursuant to a specific
                    grant award'';
                        (II) by redesignating clause (iii) as clause (iv);
                    and
                        (III) by inserting after clause (ii) the following:

                    ``(iii) Extensions for other projects.--The Assistant
                Secretary may, for good cause shown, extend the period
                under clause (i) for an eligible entity that proposes to
                use the grant funds for an eligible use other than
                construction of broadband infrastructure, based on a
                detailed showing by the eligible entity of the need for an
                extension.''; and
                    (iii) by adding at the end the following:
                ``(C) Multiple grant awards.--If the Assistant Secretary
            awards multiple grants to an eligible entity under this
            subsection, the deadlines under subparagraphs (A) and (B) shall
            apply individually to each grant award.''; and
                (C) by striking paragraph (6) and inserting the following:
            ``(6) Administrative expenses of eligible entities.--
                ``(A) In general.--Except as provided in subparagraph (B),
            an eligible entity may use not more than 2 percent of grant
            funds received under this subsection for administrative
            purposes.
                ``(B) Broadband infrastructure projects.--An eligible
            entity that proposes to use grant funds for the construction of
            broadband infrastructure may use an amount of the grant funds
            equal to not more than 2.5 percent of the total project cost
            for planning, feasibility, and sustainability studies related
            to the project.''; and
            (2) in subsection (e), by adding at the end the following:
            ``(6) Additional appropriations for tribal broadband
        connectivity program.--
                ``(A) Definition.--In this paragraph, the term `initial
            round of funding'--
                    ``(i) means the allocation under paragraph (2)(E) of
                funds appropriated under subsection (b)(1); and
                    ``(ii) does not include any reallocation of funds under
                paragraph (2)(F).
                ``(B) New funding.--If Congress appropriates additional
            funds for grants under subsection (c) after the date of
            enactment of this Act, the Assistant Secretary--
                    ``(i) may use a portion of the funds to fully fund any
                grants under that subsection for which the Assistant
                Secretary received an application and which the Assistant
                Secretary did not fully fund during the initial round of
                funding; and
                    ``(ii) shall allocate any remaining funds through
                subsequent funding rounds consistent with the requirements
                of this section, except as provided in subparagraph (C) of
                this paragraph.
                ``(C) Exceptions.--If Congress appropriates additional
            funds for grants under subsection (c) after the date of
            enactment of this Act--
                    ``(i) the Assistant Secretary shall not be required to
                issue an additional notice under paragraph (1) of this
                subsection, but shall inform eligible entities that
                additional funding has been made available for grants under
                subsection (c) and describe the changes made to the Tribal
                Broadband Connectivity Program under that subsection by
                section 60201 of the Infrastructure Investment and Jobs
                Act;
                    ``(ii) the requirement under paragraph (2)(C) of this
                subsection shall be applied individually to each round of
                funding for grants under subsection (c);
                    ``(iii) paragraph (2)(A) of this subsection shall be
                applied by substituting `180-day period beginning on the
                date on which the Assistant Secretary informs eligible
                entities that additional funding has been made available
                for grants under subsection (c)' for `90-day period
                beginning on the date on which the Assistant Secretary
                issues the notice under paragraph (1)'; and
                    ``(iv) notwithstanding paragraph (2)(F) of this
                subsection, in the case of funds appropriated under
                subsection (b)(1) that were not allocated during the
                initial round of funding, the Assistant Secretary may elect
                to allocate the funds during any subsequent round of
                funding for grants under subsection (c).''.

                     TITLE III--DIGITAL EQUITY ACT OF 2021

    SEC. 60301. SHORT TITLE.
        This title may be cited as the ``Digital Equity Act of 2021''.
    SEC. 60302. DEFINITIONS.
        In this title:
            (1) Adoption of broadband.--The term ``adoption of broadband''
        means the process by which an individual obtains daily access to
        the internet--
                (A) at a speed, quality, and capacity--
                    (i) that is necessary for the individual to accomplish
                common tasks; and
                    (ii) such that the access qualifies as an advanced
                telecommunications capability;
                (B) with the digital skills that are necessary for the
            individual to participate online; and
                (C) on a--
                    (i) personal device; and
                    (ii) secure and convenient network.
            (2) Advanced telecommunications capability.--The term
        ``advanced telecommunications capability'' has the meaning given
        the term in section 706(d) of the Telecommunications Act of 1996
        (47 U.S.C. 1302(d)).
            (3) Aging individual.--The term ``aging individual'' has the
        meaning given the term ``older individual'' in section 102 of the
        Older Americans Act of 1965 (42 U.S.C. 3002).
            (4) Appropriate committees of congress.--The term ``appropriate
        committees of Congress'' means--
                (A) the Committee on Appropriations of the Senate;
                (B) the Committee on Commerce, Science, and Transportation
            of the Senate;
                (C) the Committee on Appropriations of the House of
            Representatives; and
                (D) the Committee on Energy and Commerce of the House of
            Representatives.
            (5) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of Commerce for Communications and
        Information.
            (6) Community anchor institution.--The term ``community anchor
        institution'' means a public school, a public or multi-family
        housing authority, a library, a medical or healthcare provider, a
        community college or other institution of higher education, a State
        library agency, and any other nonprofit or governmental community
        support organization.
            (7) Covered household.--The term ``covered household'' means a
        household, the income of which for the most recently completed year
        is not more than 150 percent of an amount equal to the poverty
        level, as determined by using criteria of poverty established by
        the Bureau of the Census.
            (8) Covered populations.--The term ``covered populations''
        means--
                (A) individuals who live in covered households;
                (B) aging individuals;
                (C) incarcerated individuals, other than individuals who
            are incarcerated in a Federal correctional facility;
                (D) veterans;
                (E) individuals with disabilities;
                (F) individuals with a language barrier, including
            individuals who--
                    (i) are English learners; and
                    (ii) have low levels of literacy;
                (G) individuals who are members of a racial or ethnic
            minority group; and
                (H) individuals who primarily reside in a rural area.
            (9) Covered programs.--The term ``covered programs'' means the
        State Digital Equity Capacity Grant Program established under
        section 60304 and the Digital Equity Competitive Grant Program
        established under section 60305.
            (10) Digital equity.--The term ``digital equity'' means the
        condition in which individuals and communities have the information
        technology capacity that is needed for full participation in the
        society and economy of the United States.
            (11) Digital inclusion.--The term ``digital inclusion''--
                (A) means the activities that are necessary to ensure that
            all individuals in the United States have access to, and the
            use of, affordable information and communication technologies,
            such as--
                    (i) reliable fixed and wireless broadband internet
                service;
                    (ii) internet-enabled devices that meet the needs of
                the user; and
                    (iii) applications and online content designed to
                enable and encourage self-sufficiency, participation, and
                collaboration; and
                (B) includes--
                    (i) obtaining access to digital literacy training;
                    (ii) the provision of quality technical support; and
                    (iii) obtaining basic awareness of measures to ensure
                online privacy and cybersecurity.
            (12) Digital literacy.--The term ``digital literacy'' means the
        skills associated with using technology to enable users to find,
        evaluate, organize, create, and communicate information.
            (13) Disability.--The term ``disability'' has the meaning given
        the term in section 3 of the Americans with Disabilities Act of
        1990 (42 U.S.C. 12102).
            (14) Eligible state.--The term ``eligible State'' means--
                (A) with respect to planning grants made available under
            section 60304(c)(3), a State with respect to which the
            Assistant Secretary has approved an application submitted to
            the Assistant Secretary under section 60304(c)(3)(C); and
                (B) with respect to capacity grants awarded under section
            60304(d), a State with respect to which the Assistant Secretary
            has approved an application submitted to the Assistant
            Secretary under section 60304(d)(2), including approval of the
            State Digital Equity Plan developed by the State under section
            60304(c).
            (15) Gender identity.--The term ``gender identity'' has the
        meaning given the term in section 249(c) of title 18, United States
        Code.
            (16) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4(e) of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304(e)).
            (17) Institution of higher education.--The term ``institution
        of higher education''--
                (A) has the meaning given the term in section 101 of the
            Higher Education Act of 1965 (20 U.S.C. 1001); and
                (B) includes a postsecondary vocational institution.
            (18) Local educational agency.--The term ``local educational
        agency'' has the meaning given the term in section 8101(30) of the
        Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801(30)).
            (19) Postsecondary vocational institution.--The term
        ``postsecondary vocational institution'' has the meaning given the
        term in section 102(c) of the Higher Education Act of 1965 (20
        U.S.C. 1002(c)).
            (20) Rural area.--The term ``rural area'' has the meaning given
        the term in section 601(b)(3) of the Rural Electrification Act of
        1936 (7 U.S.C. 950bb(b)(3)).
            (21) State.--The term ``State'' means--
                (A) any State of the United States;
                (B) the District of Columbia; and
                (C) the Commonwealth of Puerto Rico.
            (22) Veteran.--The term ``veteran'' has the meaning given the
        term in section 101 of title 38, United States Code.
            (23) Workforce development program.--The term ``workforce
        development program'' has the meaning given the term in section
        3(66) of the Workforce Innovation and Opportunity Act (29 U.S.C.
        3102(66)).
    SEC. 60303. SENSE OF CONGRESS.
        It is the sense of Congress that--
            (1) a broadband connection and digital literacy are
        increasingly critical to how individuals--
                (A) participate in the society, economy, and civic
            institutions of the United States; and
                (B) access health care and essential services, obtain
            education, and build careers;
            (2) digital exclusion--
                (A) carries a high societal and economic cost;
                (B) materially harms the opportunity of an individual with
            respect to the economic success, educational achievement,
            positive health outcomes, social inclusion, and civic
            engagement of that individual; and
                (C) exacerbates existing wealth and income gaps, especially
            those experienced by covered populations;
            (3) achieving digital equity for all people of the United
        States requires additional and sustained investment and research
        efforts;
            (4) the Federal Government, as well as State, tribal,
        territorial, and local governments, have made social, legal, and
        economic obligations that necessarily extend to how the citizens
        and residents of those governments access and use the internet; and
            (5) achieving digital equity is a matter of social and economic
        justice and is worth pursuing.
    SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
        (a) Establishment; Purpose.--
            (1) In general.--The Assistant Secretary shall establish in the
        Department of Commerce the State Digital Equity Capacity Grant
        Program (referred to in this section as the ``Program'')--
                (A) the purpose of which is to promote the achievement of
            digital equity, support digital inclusion activities, and build
            capacity for efforts by States relating to the adoption of
            broadband by residents of those States;
                (B) through which the Assistant Secretary shall make grants
            to States in accordance with the requirements of this section;
            and
                (C) which shall ensure that States have the capacity to
            promote the achievement of digital equity and support digital
            inclusion activities.
            (2) Consultation with other federal agencies; no conflict.--In
        establishing the Program under paragraph (1), the Assistant
        Secretary shall--
                (A) consult with--
                    (i) the Secretary of Agriculture;
                    (ii) the Secretary of Housing and Urban Development;
                    (iii) the Secretary of Education;
                    (iv) the Secretary of Labor;
                    (v) the Secretary of Health and Human Services;
                    (vi) the Secretary of Veterans Affairs;
                    (vii) the Secretary of the Interior;
                    (viii) the Federal Communications Commission;
                    (ix) the Federal Trade Commission;
                    (x) the Director of the Institute of Museum and Library
                Services;
                    (xi) the Administrator of the Small Business
                Administration;
                    (xii) the Federal Co-Chair of the Appalachian Regional
                Commission; and
                    (xiii) the head of any other agency that the Assistant
                Secretary determines to be appropriate; and
                (B) ensure that the Program complements and enhances, and
            does not conflict with, other Federal broadband initiatives and
            programs.
        (b) Administering Entity.--
            (1) Selection; function.--The governor (or equivalent official)
        of a State that wishes to be awarded a grant under this section
        shall, from among entities that are eligible under paragraph (2),
        select an administering entity for that State, which shall--
                (A) serve as the recipient of, and administering agent for,
            any grant awarded to the State under this section;
                (B) develop, implement, and oversee the State Digital
            Equity Plan for the State described in subsection (c);
                (C) make subgrants to any entity described in subsection
            (c)(1)(D) that is located in the State in support of--
                    (i) the State Digital Equity Plan for the State; and
                    (ii) digital inclusion activities in the State
                generally; and
                (D) serve as--
                    (i) an advocate for digital equity policy and digital
                inclusion activities; and
                    (ii) a repository of best practice materials regarding
                the policies and activities described in clause (i).
            (2) Eligible entities.--Any of the following entities may serve
        as the administering entity for a State for the purposes of this
        section if the entity has demonstrated a capacity to administer the
        Program on a statewide level:
                (A) The State, a political subdivision, agency, or
            instrumentality of the State, an Indian Tribe located in the
            State, an Alaska Native entity located in the State, or a
            Native Hawaiian organization located in the State.
                (B) A foundation, corporation, institution, association, or
            coalition that is--
                    (i) a not-for-profit entity;
                    (ii) providing services in the State; and
                    (iii) not a school.
                (C) A community anchor institution, other than a school,
            that is located in the State.
                (D) A local educational agency that is located in the
            State.
                (E) An entity located in the State that carries out a
            workforce development program.
                (F) An agency of the State that is responsible for
            administering or supervising adult education and literacy
            activities in the State.
                (G) A public or multi-family housing authority that is
            located in the State.
                (H) A partnership between any of the entities described in
            subparagraphs (A) through (G).
        (c) State Digital Equity Plan.--
            (1) Development; contents.--A State that wishes to be awarded a
        grant under subsection (d) shall develop a State Digital Equity
        Plan for the State, which shall include--
                (A) the identification of the barriers to digital equity
            faced by covered populations in the State;
                (B) measurable objectives for documenting and promoting,
            among each group described in subparagraphs (A) through (H) of
            section 60302(8) located in that State--
                    (i) the availability of, and affordability of access
                to, fixed and wireless broadband technology;
                    (ii) the online accessibility and inclusivity of public
                resources and services;
                    (iii) digital literacy;
                    (iv) awareness of, and the use of, measures to secure
                the online privacy of, and cybersecurity with respect to,
                an individual; and
                    (v) the availability and affordability of consumer
                devices and technical support for those devices;
                (C) an assessment of how the objectives described in
            subparagraph (B) will impact and interact with the State's--
                    (i) economic and workforce development goals, plans,
                and outcomes;
                    (ii) educational outcomes;
                    (iii) health outcomes;
                    (iv) civic and social engagement; and
                    (v) delivery of other essential services;
                (D) in order to achieve the objectives described in
            subparagraph (B), a description of how the State plans to
            collaborate with key stakeholders in the State, which may
            include--
                    (i) community anchor institutions;
                    (ii) county and municipal governments;
                    (iii) local educational agencies;
                    (iv) where applicable, Indian Tribes, Alaska Native
                entities, or Native Hawaiian organizations;
                    (v) nonprofit organizations;
                    (vi) organizations that represent--

                        (I) individuals with disabilities, including
                    organizations that represent children with
                    disabilities;
                        (II) aging individuals;
                        (III) individuals with language barriers,
                    including--

                            (aa) individuals who are English learners; and
                            (bb) individuals who have low levels of
                        literacy;

                        (IV) veterans; and
                        (V) individuals in that State who are incarcerated
                    in facilities other than Federal correctional
                    facilities;

                    (vii) civil rights organizations;
                    (viii) entities that carry out workforce development
                programs;
                    (ix) agencies of the State that are responsible for
                administering or supervising adult education and literacy
                activities in the State;
                    (x) public housing authorities in the State; and
                    (xi) a partnership between any of the entities
                described in clauses (i) through (x); and
                (E) a list of organizations with which the administering
            entity for the State collaborated in developing and
            implementing the Plan.
            (2) Public availability.--
                (A) In general.--The administering entity for a State shall
            make the State Digital Equity Plan of the State available for
            public comment for a period of not less than 30 days before the
            date on which the State submits an application to the Assistant
            Secretary under subsection (d)(2).
                (B) Consideration of comments received.--The administering
            entity for a State shall, with respect to an application
            submitted to the Assistant Secretary under subsection (d)(2)--
                    (i) before submitting the application--

                        (I) consider all comments received during the
                    comment period described in subparagraph (A) with
                    respect to the application (referred to in this
                    subparagraph as the ``comment period''); and
                        (II) make any changes to the plan that the
                    administering entity determines to be worthwhile; and

                    (ii) when submitting the application--

                        (I) describe any changes pursued by the
                    administering entity in response to comments received
                    during the comment period; and
                        (II) include a written response to each comment
                    received during the comment period.

            (3) Planning grants.--
                (A) In general.--Beginning in the first fiscal year that
            begins after the date of enactment of this Act, the Assistant
            Secretary shall, in accordance with the requirements of this
            paragraph, award planning grants to States for the purpose of
            developing the State Digital Equity Plans of those States under
            this subsection.
                (B) Eligibility.--In order to be awarded a planning grant
            under this paragraph, a State--
                    (i) shall submit to the Assistant Secretary an
                application under subparagraph (C); and
                    (ii) may not have been awarded, at any time, a planning
                grant under this paragraph.
                (C) Application.--A State that wishes to be awarded a
            planning grant under this paragraph shall, not later than 60
            days after the date on which the notice of funding availability
            with respect to the grant is released, submit to the Assistant
            Secretary an application, in a format to be determined by the
            Assistant Secretary, that contains the following materials:
                    (i) A description of the entity selected to serve as
                the administering entity for the State, as described in
                subsection (b).
                    (ii) A certification from the State that, not later
                than 1 year after the date on which the Assistant Secretary
                awards the planning grant to the State, the administering
                entity for that State shall develop a State Digital Equity
                Plan under this subsection, which--

                        (I) the administering entity shall submit to the
                    Assistant Secretary; and
                        (II) shall comply with the requirements of this
                    subsection, including the requirement under paragraph
                    (2)(B).

                    (iii) The assurances required under subsection (e).
                (D) Awards.--
                    (i) Amount of grant.--A planning grant awarded to an
                eligible State under this paragraph shall be determined
                according to the formula under subsection (d)(3)(A)(i).
                    (ii) Duration.--

                        (I) In general.--Except as provided in subclause
                    (II), with respect to a planning grant awarded to an
                    eligible State under this paragraph, the State shall
                    expend the grant funds during the 1-year period
                    beginning on the date on which the State is awarded the
                    grant funds.
                        (II) Exception.--The Assistant Secretary may grant
                    an extension of not longer than 180 days with respect
                    to the requirement under subclause (I).

                    (iii) Challenge mechanism.--The Assistant Secretary
                shall ensure that any eligible State to which a planning
                grant is awarded under this paragraph may appeal or
                otherwise challenge in a timely fashion the amount of the
                grant awarded to the State, as determined under clause (i).
                (E) Use of funds.--An eligible State to which a planning
            grant is awarded under this paragraph shall, through the
            administering entity for that State, use the grant funds only
            for the following purposes:
                    (i) To develop the State Digital Equity Plan of the
                State under this subsection.
                    (ii)(I) Subject to subclause (II), to make subgrants to
                any of the entities described in paragraph (1)(D) to assist
                in the development of the State Digital Equity Plan of the
                State under this subsection.
                    (II) If the administering entity for a State makes a
                subgrant described in subclause (I), the administering
                entity shall, with respect to the subgrant, provide to the
                State the assurances required under subsection (e).
        (d) State Capacity Grants.--
            (1) In general.--Beginning not later than 2 years after the
        date on which the Assistant Secretary begins awarding planning
        grants under subsection (c)(3), the Assistant Secretary shall each
        year award grants to eligible States to support--
                (A) the implementation of the State Digital Equity Plans of
            those States; and
                (B) digital inclusion activities in those States.
            (2) Application.--A State that wishes to be awarded a grant
        under this subsection shall, not later than 60 days after the date
        on which the notice of funding availability with respect to the
        grant is released, submit to the Assistant Secretary an
        application, in a format to be determined by the Assistant
        Secretary, that contains the following materials:
                (A) A description of the entity selected to serve as the
            administering entity for the State, as described in subsection
            (b).
                (B) The State Digital Equity Plan of that State, as
            described in subsection (c).
                (C) A certification that the State, acting through the
            administering entity for the State, shall--
                    (i) implement the State Digital Equity Plan of the
                State; and
                    (ii) make grants in a manner that is consistent with
                the aims of the Plan described in clause (i).
                (D) The assurances required under subsection (e).
                (E) In the case of a State to which the Assistant Secretary
            has previously awarded a grant under this subsection, any
            amendments to the State Digital Equity Plan of that State, as
            compared with the State Digital Equity Plan of the State
            previously submitted.
            (3) Awards.--
                (A) Amount of grant.--
                    (i) Formula.--Subject to clauses (ii), (iii), and (iv),
                the Assistant Secretary shall calculate the amount of a
                grant awarded to an eligible State under this subsection in
                accordance with the following criteria, using the best
                available data for all States for the fiscal year in which
                the grant is awarded:

                        (I) 50 percent of the total grant amount shall be
                    based on the population of the eligible State in
                    proportion to the total population of all eligible
                    States.
                        (II) 25 percent of the total grant amount shall be
                    based on the number of individuals in the eligible
                    State who are members of covered populations in
                    proportion to the total number of individuals in all
                    eligible States who are members of covered populations.
                        (III) 25 percent of the total grant amount shall be
                    based on the comparative lack of availability and
                    adoption of broadband in the eligible State in
                    proportion to the lack of availability and adoption of
                    broadband of all eligible States, which shall be
                    determined according to data collected from--

                            (aa) the annual inquiry of the Federal
                        Communications Commission conducted under section
                        706(b) of the Telecommunications Act of 1996 (47
                        U.S.C. 1302(b));
                            (bb) the American Community Survey or, if
                        necessary, other data collected by the Bureau of
                        the Census;
                            (cc) the NTIA Internet Use Survey, which is
                        administered as the Computer and Internet Use
                        Supplement to the Current Population Survey of the
                        Bureau of the Census; and
                            (dd) any other source that the Assistant
                        Secretary, after appropriate notice and opportunity
                        for public comment, determines to be appropriate.
                    (ii) Minimum award.--The amount of a grant awarded to
                an eligible State under this subsection in a fiscal year
                shall be not less than 0.5 percent of the total amount made
                available to award grants to eligible States for that
                fiscal year.
                    (iii) Additional amounts.--If, after awarding planning
                grants to States under subsection (c)(3) and capacity
                grants to eligible States under this subsection in a fiscal
                year, there are amounts remaining to carry out this
                section, the Assistant Secretary shall distribute those
                amounts--

                        (I) to eligible States to which the Assistant
                    Secretary has awarded grants under this subsection for
                    that fiscal year; and
                        (II) in accordance with the formula described in
                    clause (i).

                    (iv) Data unavailable.--If, in a fiscal year, the
                Commonwealth of Puerto Rico (referred to in this clause as
                ``Puerto Rico'') is an eligible State and specific data for
                Puerto Rico is unavailable for a factor described in
                subclause (I), (II), or (II) of clause (i), the Assistant
                Secretary shall use the median data point with respect to
                that factor among all eligible States and assign it to
                Puerto Rico for the purposes of making any calculation
                under that clause for that fiscal year.
                (B) Duration.--With respect to a grant awarded to an
            eligible State under this subsection, the eligible State shall
            expend the grant funds during the 5-year period beginning on
            the date on which the eligible State is awarded the grant
            funds.
                (C) Challenge mechanism.--The Assistant Secretary shall
            ensure that any eligible State to which a grant is awarded
            under this subsection may appeal or otherwise challenge in a
            timely fashion the amount of the grant awarded to the State, as
            determined under subparagraph (A).
                (D) Use of funds.--The administering entity for an eligible
            State to which a grant is awarded under this subsection shall
            use the grant amounts for the following purposes:
                    (i)(I) Subject to subclause (II), to update or maintain
                the State Digital Equity Plan of the State.
                    (II) An administering entity for an eligible State to
                which a grant is awarded under this subsection may use not
                more than 20 percent of the amount of the grant for the
                purpose described in subclause (I).
                    (ii) To implement the State Digital Equity Plan of the
                State.
                    (iii)(I) Subject to subclause (II), to award a grant to
                any entity that is described in section 60305(b) and is
                located in the eligible State in order to--

                        (aa) assist in the implementation of the State
                    Digital Equity Plan of the State;
                        (bb) pursue digital inclusion activities in the
                    State consistent with the State Digital Equity Plan of
                    the State; and
                        (cc) report to the State regarding the digital
                    inclusion activities of the entity.

                    (II) Before an administering entity for an eligible
                State may award a grant under subclause (I), the
                administering entity shall require the entity to which the
                grant is awarded to certify that--

                        (aa) the entity shall carry out the activities
                    required under items (aa), (bb), and (cc) of that
                    subclause;
                        (bb) the receipt of the grant shall not result in
                    unjust enrichment of the entity; and
                        (cc) the entity shall cooperate with any
                    evaluation--

                            (AA) of any program that relates to a grant
                        awarded to the entity; and
                            (BB) that is carried out by or for the
                        administering entity, the Assistant Secretary, or
                        another Federal official.
                    (iv)(I) Subject to subclause (II), to evaluate the
                efficacy of the efforts funded by grants made under clause
                (iii).
                    (II) An administering entity for an eligible State to
                which a grant is awarded under this subsection may use not
                more than 5 percent of the amount of the grant for a
                purpose described in subclause (I).
                    (v)(I) Subject to subclause (II), for the
                administrative costs incurred in carrying out the
                activities described in clauses (i) through (iv).
                    (II) An administering entity for an eligible State to
                which a grant is awarded under this subsection may use not
                more than 3 percent of the amount of the grant for a
                purpose described in subclause (I).
        (e) Assurances.--When applying for a grant under this section, a
    State shall include in the application for that grant assurances that--
            (1) if an entity described in section 60305(b) is awarded grant
        funds under this section (referred to in this subsection as a
        ``covered recipient''), provide that--
                (A) the covered recipient shall use the grant funds in
            accordance with any applicable statute, regulation, and
            application procedure;
                (B) the administering entity for that State shall adopt and
            use proper methods of administering any grant that the covered
            recipient is awarded, including by--
                    (i) enforcing any obligation imposed under law on any
                agency, institution, organization, or other entity that is
                responsible for carrying out the program to which the grant
                relates;
                    (ii) correcting any deficiency in the operation of a
                program to which the grant relates, as identified through
                an audit or another monitoring or evaluation procedure; and
                    (iii) adopting written procedures for the receipt and
                resolution of complaints alleging a violation of law with
                respect to a program to which the grant relates; and
                (C) the administering entity for that State shall cooperate
            in carrying out any evaluation--
                    (i) of any program that relates to a grant awarded to
                the covered recipient; and
                    (ii) that is carried out by or for the Assistant
                Secretary or another Federal official;
            (2) the administering entity for that State shall--
                (A) use fiscal control and fund accounting procedures that
            ensure the proper disbursement of, and accounting for, any
            Federal funds that the State is awarded under this section;
                (B) submit to the Assistant Secretary any reports that may
            be necessary to enable the Assistant Secretary to perform the
            duties of the Assistant Secretary under this section;
                (C) maintain any records and provide any information to the
            Assistant Secretary, including those records, that the
            Assistant Secretary determines is necessary to enable the
            Assistant Secretary to perform the duties of the Assistant
            Secretary under this section; and
                (D) with respect to any significant proposed change or
            amendment to the State Digital Equity Plan for the State, make
            the change or amendment available for public comment in
            accordance with subsection (c)(2); and
            (3) the State, before submitting to the Assistant Secretary the
        State Digital Equity Plan of the State, has complied with the
        requirements of subsection (c)(2).
        (f) Termination of Grant.--
            (1) In general.--The Assistant Secretary shall terminate a
        grant awarded to an eligible State under this section if, after
        notice to the State and opportunity for a hearing, the Assistant
        Secretary--
                (A) presents to the State a rationale and supporting
            information that clearly demonstrates that--
                    (i) the grant funds are not contributing to the
                development or execution of the State Digital Equity Plan
                of the State, as applicable; and
                    (ii) the State is not upholding assurances made by the
                State to the Assistant Secretary under subsection (e); and
                (B) determines that the grant is no longer necessary to
            achieve the original purpose for which Assistant Secretary
            awarded the grant.
            (2) Redistribution.--If the Assistant Secretary, in a fiscal
        year, terminates a grant under paragraph (1), the Assistant
        Secretary shall redistribute the unspent grant amounts--
                (A) to eligible States to which the Assistant Secretary has
            awarded grants under subsection (d) for that fiscal year; and
                (B) in accordance with the formula described in subsection
            (d)(3)(A)(i).
        (g) Reporting and Information Requirements; Internet Disclosure.--
    The Assistant Secretary--
            (1) shall--
                (A) require any entity to which a grant, including a
            subgrant, is awarded under this section to publicly report, for
            each year during the period described in subsection
            (c)(3)(D)(ii) or (d)(3)(B), as applicable, with respect to the
            grant, and in a format specified by the Assistant Secretary,
            on--
                    (i) the use of that grant by the entity;
                    (ii) the progress of the entity towards fulfilling the
                objectives for which the grant was awarded; and
                    (iii) the implementation of the State Digital Equity
                Plan of the State;
                (B) establish appropriate mechanisms to ensure that each
            eligible State to which a grant is awarded under this section--
                    (i) uses the grant amounts in an appropriate manner;
                and
                    (ii) complies with all terms with respect to the use of
                the grant amounts; and
                (C) create and maintain a fully searchable database, which
            shall be accessible on the internet at no cost to the public,
            that contains, at a minimum--
                    (i) the application of each State that has applied for
                a grant under this section;
                    (ii) the status of each application described in clause
                (i);
                    (iii) each report submitted by an entity under
                subparagraph (A);
                    (iv) a record of public comments made regarding the
                State Digital Equity Plan of a State, as well as any
                written responses to or actions taken as a result of those
                comments; and
                    (v) any other information that is sufficient to allow
                the public to understand and monitor grants awarded under
                this section; and
            (2) may establish additional reporting and information
        requirements for any recipient of a grant under this section.
        (h) Supplement Not Supplant.--A grant or subgrant awarded under
    this section shall supplement, not supplant, other Federal or State
    funds that have been made available to carry out activities described
    in this section.
        (i) Set Asides.--From amounts made available in a fiscal year to
    carry out the Program, the Assistant Secretary shall reserve--
            (1) not more than 5 percent for the implementation and
        administration of the Program, which shall include--
                (A) providing technical support and assistance, including
            ensuring consistency in data reporting;
                (B) providing assistance to--
                    (i) States, or administering entities for States, to
                prepare the applications of those States; and
                    (ii) administering entities with respect to grants
                awarded under this section; and
                (C) developing the report required under section 60306(a);
            (2) not less than 5 percent to award grants to, or enter into
        contracts or cooperative agreements with, Indian Tribes, Alaska
        Native entities, and Native Hawaiian organizations to allow those
        tribes, entities, and organizations to carry out the activities
        described in this section; and
            (3) not less than 1 percent to award grants to, or enter into
        contracts or cooperative agreements with, the United States Virgin
        Islands, Guam, American Samoa, the Commonwealth of the Northern
        Mariana Islands, and any other territory or possession of the
        United States that is not a State to enable those entities to carry
        out the activities described in this section.
        (j) Rules.--The Assistant Secretary may prescribe such rules as may
    be necessary to carry out this section.
        (k) Authorization of Appropriations.--There are authorized to be
    appropriated--
            (1) $60,000,000 for the award of grants under subsection
        (c)(3), which shall remain available until expended;
            (2) for the award of grants under subsection (d)--
                (A) $240,000,000 for fiscal year 2022; and
                (B) $300,000,000 for each of fiscal years 2023 through
            2026; and
            (3) such sums as may be necessary to carry out this section for
        each fiscal year after the end of the 5-fiscal year period
        described in paragraph (2).
    SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
        (a) Establishment.--
            (1) In general.--Not later than 30 days after the date on which
        the Assistant Secretary begins awarding grants under section
        60304(d), and not before that date, the Assistant Secretary shall
        establish in the Department of Commerce the Digital Equity
        Competitive Grant Program (referred to in this section as the
        ``Program''), the purpose of which is to award grants to support
        efforts to achieve digital equity, promote digital inclusion
        activities, and spur greater adoption of broadband among covered
        populations.
            (2) Consultation; no conflict.--In establishing the Program
        under paragraph (1), the Assistant Secretary--
                (A) may consult a State with respect to--
                    (i) the identification of groups described in
                subparagraphs (A) through (H) of section 60302(8) located
                in that State; and
                    (ii) the allocation of grant funds within that State
                for projects in or affecting the State; and
                (B) shall--
                    (i) consult with--

                        (I) the Secretary of Agriculture;
                        (II) the Secretary of Housing and Urban
                    Development;
                        (III) the Secretary of Education;
                        (IV) the Secretary of Labor;
                        (V) the Secretary of Health and Human Services;
                        (VI) the Secretary of Veterans Affairs;
                        (VII) the Secretary of the Interior;
                        (VIII) the Federal Communications Commission;
                        (IX) the Federal Trade Commission;
                        (X) the Director of the Institute of Museum and
                    Library Services;
                        (XI) the Administrator of the Small Business
                    Administration;
                        (XII) the Federal Co-Chair of the Appalachian
                    Regional Commission; and
                        (XIII) the head of any other agency that the
                    Assistant Secretary determines to be appropriate; and

                    (ii) ensure that the Program complements and enhances,
                and does not conflict with, other Federal broadband
                initiatives and programs.
        (b) Eligibility.--The Assistant Secretary may award a grant under
    the Program to any of the following entities if the entity is not
    serving, and has not served, as the administering entity for a State
    under section 60304(b):
            (1) A political subdivision, agency, or instrumentality of a
        State, including an agency of a State that is responsible for
        administering or supervising adult education and literacy
        activities, or for providing public housing, in the State.
            (2) An Indian Tribe, an Alaska Native entity, or a Native
        Hawaiian organization.
            (3) A foundation, corporation, institution, or association that
        is--
                (A) a not-for-profit entity; and
                (B) not a school.
            (4) A community anchor institution.
            (5) A local educational agency.
            (6) An entity that carries out a workforce development program.
            (7) A partnership between any of the entities described in
        paragraphs (1) through (6).
            (8) A partnership between--
                (A) an entity described in any of paragraphs (1) through
            (6); and
                (B) an entity that--
                    (i) the Assistant Secretary, by rule, determines to be
                in the public interest; and
                    (ii) is not a school.
        (c) Application.--An entity that wishes to be awarded a grant under
    the Program shall submit to the Assistant Secretary an application--
            (1) at such time, in such form, and containing such information
        as the Assistant Secretary may require; and
            (2) that--
                (A) provides a detailed explanation of how the entity will
            use any grant amounts awarded under the Program to carry out
            the purposes of the Program in an efficient and expeditious
            manner;
                (B) identifies the period in which the applicant will
            expend the grant funds awarded under the Program;
                (C) includes--
                    (i) a justification for the amount of the grant that
                the applicant is requesting; and
                    (ii) for each fiscal year in which the applicant will
                expend the grant funds, a budget for the activities that
                the grant funds will support;
                (D) demonstrates to the satisfaction of the Assistant
            Secretary that the entity--
                    (i) is capable of carrying out--

                        (I) the project or function to which the
                    application relates; and
                        (II) the activities described in subsection (h)--

                            (aa) in a competent manner; and
                            (bb) in compliance with all applicable Federal,
                        State, and local laws; and
                    (ii) if the applicant is an entity described in
                subsection (b)(1), shall appropriate or otherwise
                unconditionally obligate from non-Federal sources funds
                that are necessary to meet the requirements of subsection
                (e);
                (E) discloses to the Assistant Secretary the source and
            amount of other Federal, State, or outside funding sources from
            which the entity receives, or has applied for, funding for
            activities or projects to which the application relates; and
                (F) provides--
                    (i) the assurances that are required under subsection
                (f); and
                    (ii) an assurance that the entity shall follow such
                additional procedures as the Assistant Secretary may
                require to ensure that grant funds are used and accounted
                for in an appropriate manner.
        (d) Award of Grants.--
            (1) Factors considered in award of grants.--In deciding whether
        to award a grant under the Program, the Assistant Secretary shall,
        to the extent practicable, consider--
                (A) whether an application shall, if approved--
                    (i) increase internet access and the adoption of
                broadband among covered populations to be served by the
                applicant; and
                    (ii) not result in unjust enrichment;
                (B) the comparative geographic diversity of the application
            in relation to other eligible applications; and
                (C) the extent to which an application may duplicate or
            conflict with another program.
            (2) Use of funds.--
                (A) In general.--In addition to the activities required
            under subparagraph (B), an entity to which the Assistant
            Secretary awards a grant under the Program shall use the grant
            amounts to support not less than 1 of the following activities:
                    (i) To develop and implement digital inclusion
                activities that benefit covered populations.
                    (ii) To facilitate the adoption of broadband by covered
                populations in order to provide educational and employment
                opportunities to those populations.
                    (iii) To implement, consistent with the purposes of
                this title--

                        (I) training programs for covered populations that
                    cover basic, advanced, and applied skills; or
                        (II) other workforce development programs.

                    (iv) To make available equipment, instrumentation,
                networking capability, hardware and software, or digital
                network technology for broadband services to covered
                populations at low or no cost.
                    (v) To construct, upgrade, expend, or operate new or
                existing public access computing centers for covered
                populations through community anchor institutions.
                    (vi) To undertake any other project and activity that
                the Assistant Secretary finds to be consistent with the
                purposes for which the Program is established.
                (B) Evaluation.--
                    (i) In general.--An entity to which the Assistant
                Secretary awards a grant under the Program shall use not
                more than 10 percent of the grant amounts to measure and
                evaluate the activities supported with the grant amounts.
                    (ii) Submission to assistant secretary.--An entity to
                which the Assistant Secretary awards a grant under the
                Program shall submit to the Assistant Secretary each
                measurement and evaluation performed under clause (i)--

                        (I) in a manner specified by the Assistant
                    Secretary;
                        (II) not later than 15 months after the date on
                    which the entity is awarded the grant amounts; and
                        (III) annually after the submission described in
                    subclause (II) for any year in which the entity expends
                    grant amounts.

                (C) Administrative costs.--An entity to which the Assistant
            Secretary awards a grant under the Program may use not more
            than 10 percent of the amount of the grant for administrative
            costs in carrying out any of the activities described in
            subparagraph (A).
                (D) Time limitations.--With respect to a grant awarded to
            an entity under the Program, the entity--
                    (i) except as provided in clause (ii), shall expend the
                grant amounts during the 4-year period beginning on the
                date on which the entity is awarded the grant amounts; and
                    (ii) during the 1-year period beginning on the date
                that is 4 years after the date on which the entity is
                awarded the grant amounts, may continue to measure and
                evaluate the activities supported with the grant amounts,
                as required under subparagraph (B).
        (e) Federal Share.--
            (1) In general.--Except as provided in paragraph (2), the
        Federal share of any project for which the Assistant Secretary
        awards a grant under the Program may not exceed 90 percent.
            (2) Exception.--The Assistant Secretary may grant a waiver with
        respect to the limitation on the Federal share of a project
        described in paragraph (1) if--
                (A) the applicant with respect to the project petitions the
            Assistant Secretary for the waiver; and
                (B) the Assistant Secretary determines that the petition
            described in subparagraph (A) demonstrates financial need.
        (f) Assurances.--When applying for a grant under this section, an
    entity shall include in the application for that grant assurances that
    the entity shall--
            (1) use any grant funds that the entity is awarded--
                (A) in accordance with any applicable statute, regulation,
            and application procedure; and
                (B) to the extent required under applicable law;
            (2) adopt and use proper methods of administering any grant
        that the entity is awarded, including by--
                (A) enforcing any obligation imposed under law on any
            agency, institution, organization, or other entity that is
            responsible for carrying out a program to which the grant
            relates;
                (B) correcting any deficiency in the operation of a program
            to which the grant relates, as identified through an audit or
            another monitoring or evaluation procedure; and
                (C) adopting written procedures for the receipt and
            resolution of complaints alleging a violation of law with
            respect to a program to which the grant relates;
            (3) cooperate with respect to any evaluation--
                (A) of any program that relates to a grant awarded to the
            entity; and
                (B) that is carried out by or for the Assistant Secretary
            or another Federal official;
            (4) use fiscal control and fund accounting procedures that
        ensure the proper disbursement of, and accounting for, any Federal
        funds that the entity is awarded under the Program;
            (5) submit to the Assistant Secretary any reports that may be
        necessary to enable the Assistant Secretary to perform the duties
        of the Assistant Secretary under the Program; and
            (6) maintain any records and provide any information to the
        Assistant Secretary, including those records, that the Assistant
        Secretary determines is necessary to enable the Assistant Secretary
        to perform the duties of the Assistant Secretary under the Program.
        (g) Deobligation or Termination of Grant.--In addition to other
    authority under applicable law, the Assistant Secretary may--
            (1) deobligate or terminate a grant awarded to an entity under
        this section if, after notice to the entity and opportunity for a
        hearing, the Assistant Secretary--
                (A) presents to the entity a rationale and supporting
            information that clearly demonstrates that--
                    (i) the grant funds are not being used in a manner that
                is consistent with the application with respect to the
                grant submitted by the entity under subsection (c); and
                    (ii) the entity is not upholding assurances made by the
                entity to the Assistant Secretary under subsection (f); and
                (B) determines that the grant is no longer necessary to
            achieve the original purpose for which Assistant Secretary
            awarded the grant; and
            (2) with respect to any grant funds that the Assistant
        Secretary deobligates or terminates under paragraph (1),
        competitively award the grant funds to another applicant,
        consistent with the requirements of this section.
        (h) Reporting and Information Requirements; Internet Disclosure.--
    The Assistant Secretary--
            (1) shall--
                (A) require any entity to which the Assistant Secretary
            awards a grant under the Program to, for each year during the
            period described in subsection (d)(2)(D) with respect to the
            grant, submit to the Assistant Secretary a report, in a format
            specified by the Assistant Secretary, regarding--
                    (i) the amount of the grant;
                    (ii) the use by the entity of the grant amounts; and
                    (iii) the progress of the entity towards fulfilling the
                objectives for which the grant was awarded;
                (B) establish mechanisms to ensure appropriate use of, and
            compliance with respect to all terms regarding, grant funds
            awarded under the Program;
                (C) create and maintain a fully searchable database, which
            shall be accessible on the internet at no cost to the public,
            that contains, at a minimum--
                    (i) a list of each entity that has applied for a grant
                under the Program;
                    (ii) a description of each application described in
                clause (i), including the proposed purpose of each grant
                described in that clause;
                    (iii) the status of each application described in
                clause (i), including whether the Assistant Secretary has
                awarded a grant with respect to the application and, if so,
                the amount of the grant;
                    (iv) each report submitted by an entity under
                subparagraph (A); and
                    (v) any other information that is sufficient to allow
                the public to understand and monitor grants awarded under
                the Program; and
                (D) ensure that any entity with respect to which an award
            is deobligated or terminated under subsection (g) may, in a
            timely manner, appeal or otherwise challenge that deobligation
            or termination, as applicable; and
            (2) may establish additional reporting and information
        requirements for any recipient of a grant under the Program.
        (i) Supplement Not Supplant.--A grant awarded to an entity under
    the Program shall supplement, not supplant, other Federal or State
    funds that have been made available to the entity to carry out
    activities described in this section.
        (j) Set Asides.--From amounts made available in a fiscal year to
    carry out the Program, the Assistant Secretary shall reserve--
            (1) 5 percent for the implementation and administration of the
        Program, which shall include--
                (A) providing technical support and assistance, including
            ensuring consistency in data reporting;
                (B) providing assistance to entities to prepare the
            applications of those entities with respect to grants awarded
            under this section;
                (C) developing the report required under section 60306(a);
            and
                (D) conducting outreach to entities that may be eligible to
            be awarded a grant under the Program regarding opportunities to
            apply for such a grant;
            (2) 5 percent to award grants to, or enter into contracts or
        cooperative agreements with, Indian Tribes, Alaska Native entities,
        and Native Hawaiian organizations to allow those tribes, entities,
        and organizations to carry out the activities described in this
        section; and
            (3) 1 percent to award grants to, or enter into contracts or
        cooperative agreements with, the United States Virgin Islands,
        Guam, American Samoa, the Commonwealth of the Northern Mariana
        Islands, and any other territory or possession of the United States
        that is not a State to enable those entities to carry out the
        activities described in this section.
        (k) Rules.--The Assistant Secretary may prescribe such rules as may
    be necessary to carry out this section.
        (l) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section--
            (1) $250,000,000 for each of the first 5 fiscal years in which
        funds are made available to carry out this section; and
            (2) such sums as may be necessary for each fiscal year after
        the end of the 5-fiscal year period described in paragraph (1).
    SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING,
    EVALUATION, AND DISSEMINATION.
        (a) Reporting Requirements.--
            (1) In general.--Not later than 1 year after the date on which
        the Assistant Secretary begins awarding grants under section
        60304(d)(1), and annually thereafter, the Assistant Secretary
        shall--
                (A) submit to the appropriate committees of Congress a
            report that documents, for the year covered by the report--
                    (i) the findings of each evaluation conducted under
                subparagraph (B);
                    (ii) a list of each grant awarded under each covered
                program, which shall include--

                        (I) the amount of each such grant;
                        (II) the recipient of each such grant; and
                        (III) the purpose for which each such grant was
                    awarded;

                    (iii) any deobligation, termination, or modification of
                a grant awarded under the covered programs, which shall
                include a description of the subsequent usage of any funds
                to which such an action applies; and
                    (iv) each challenge made by an applicant for, or a
                recipient of, a grant under the covered programs and the
                outcome of each such challenge; and
                (B) conduct evaluations of the activities carried out under
            the covered programs, which shall include an evaluation of--
                    (i) whether eligible States to which grants are awarded
                under the program established under section 60304 are--

                        (I) abiding by the assurances made by those States
                    under subsection (e) of that section;
                        (II) meeting, or have met, the stated goals of the
                    Digital Equity Plans developed by the States under
                    subsection (c) of that section;
                        (III) satisfying the requirements imposed by the
                    Assistant Secretary on those States under subsection
                    (g) of that section; and
                        (IV) in compliance with any other rules,
                    requirements, or regulations promulgated by the
                    Assistant Secretary in implementing that program; and

                    (ii) whether entities to which grants are awarded under
                the program established under section 60305 are--

                        (I) abiding by the assurances made by those
                    entities under subsection (f) of that section;
                        (II) meeting, or have met, the stated goals of
                    those entities with respect to the use of the grant
                    amounts;
                        (III) satisfying the requirements imposed by the
                    Assistant Secretary on those States under subsection
                    (h) of that section; and
                        (IV) in compliance with any other rules,
                    requirements, or regulations promulgated by the
                    Assistant Secretary in implementing that program.

            (2) Public availability.--The Assistant Secretary shall make
        each report submitted under paragraph (1)(A) publicly available in
        an online format that--
                (A) facilitates access and ease of use;
                (B) is searchable; and
                (C) is accessible--
                    (i) to individuals with disabilities; and
                    (ii) in languages other than English.
        (b) Authority to Contract and Enter Into Other Arrangements.--The
    Assistant Secretary may award grants and enter into contracts,
    cooperative agreements, and other arrangements with Federal agencies,
    public and private organizations, and other entities with expertise
    that the Assistant Secretary determines appropriate in order to--
            (1) evaluate the impact and efficacy of activities supported by
        grants awarded under the covered programs; and
            (2) develop, catalog, disseminate, and promote the exchange of
        best practices, both with respect to and independent of the covered
        programs, in order to achieve digital equity.
        (c) Consultation and Public Engagement.--In carrying out subsection
    (a), and to further the objectives described in paragraphs (1) and (2)
    of subsection (b), the Assistant Secretary shall conduct ongoing
    collaboration and consult with--
            (1) the Secretary of Agriculture;
            (2) the Secretary of Housing and Urban Development;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Secretary of Health and Human Services;
            (6) the Secretary of Veterans Affairs;
            (7) the Secretary of the Interior;
            (8) the Federal Communications Commission;
            (9) the Federal Trade Commission;
            (10) the Director of the Institute of Museum and Library
        Services;
            (11) the Administrator of the Small Business Administration;
            (12) the Federal Co-Chair of the Appalachian Regional
        Commission;
            (13) State agencies and governors of States (or equivalent
        officials);
            (14) entities serving as administering entities for States
        under section 60304(b);
            (15) national, State, tribal, and local organizations that
        provide digital inclusion, digital equity, or digital literacy
        services;
            (16) researchers, academics, and philanthropic organizations;
        and
            (17) other agencies, organizations (including international
        organizations), entities (including entities with expertise in the
        fields of data collection, analysis and modeling, and evaluation),
        and community stakeholders, as determined appropriate by the
        Assistant Secretary.
        (d) Technical Support and Assistance.--The Assistant Secretary
    shall provide technical support and assistance, assistance to entities
    to prepare the applications of those entities with respect to grants
    awarded under the covered programs, and other resources, to the extent
    practicable, to ensure consistency in data reporting and to meet the
    objectives of this section.
        (e) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as may be necessary to carry out this section,
    which shall remain available until expended.
    SEC. 60307. GENERAL PROVISIONS.
        (a) Nondiscrimination.--
            (1) In general.--No individual in the United States may, on the
        basis of actual or perceived race, color, religion, national
        origin, sex, gender identity, sexual orientation, age, or
        disability, be excluded from participation in, be denied the
        benefits of, or be subjected to discrimination under any program or
        activity that is funded in whole or in part with funds made
        available to carry out this title.
            (2) Enforcement.--The Assistant Secretary shall effectuate
        paragraph (1) with respect to any program or activity described in
        that paragraph by issuing regulations and taking actions consistent
        with section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-
        1).
            (3) Judicial review.--Judicial review of an action taken by the
        Assistant Secretary under paragraph (2) shall be available to the
        extent provided in section 603 of the Civil Rights Act of 1964 (42
        U.S.C. 2000d-2).
        (b) Technological Neutrality.--The Assistant Secretary shall, to
    the extent practicable, carry out this title in a technologically
    neutral manner.
        (c) Audit and Oversight.--Beginning in the first fiscal year in
    which amounts are made available to carry out an activity authorized
    under this title, and in each of the 4 fiscal years thereafter, there
    is authorized to be appropriated to the Office of Inspector General for
    the Department of Commerce $1,000,000 for audits and oversight of funds
    made available to carry out this title, which shall remain available
    until expended.

            TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

    SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.
        (a) Definitions.--In this section:
            (1) Anchor institution.--The term ``anchor institution'' means
        a school, library, medical or healthcare provider, community
        college or other institution of higher education, or other
        community support organization or entity.
            (2) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of Commerce for Communications and
        Information.
            (3) Commission.--The term ``Commission'' means the Federal
        Communications Commission.
            (4) Eligible entity.--The term ``eligible entity'' means--
                (A) a State, political subdivision of a State, Tribal
            government, technology company, electric utility, utility
            cooperative, public utility district, telecommunications
            company, telecommunications cooperative, nonprofit foundation,
            nonprofit corporation, nonprofit institution, nonprofit
            association, regional planning counsel, Native entity, or
            economic development authority; or
                (B) a partnership of 2 or more entities described in
            subparagraph (A).
            (5) FCC fixed broadband map.--The term ``FCC fixed broadband
        map'' means the map created by the Commission under section
        802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C.
        642(c)(1)(B)).
            (6) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304)).
            (7) Interconnect.--The term ``interconnect'' means the physical
        linking of 2 networks for the mutual exchange of traffic on non-
        discriminatory terms and conditions.
            (8) Internet exchange facility.--The term ``internet exchange
        facility'' means physical infrastructure through which internet
        service providers and content delivery networks exchange internet
        traffic between their networks.
            (9) Middle mile infrastructure.--The term ``middle mile
        infrastructure''--
                (A) means any broadband infrastructure that does not
            connect directly to an end-user location, including an anchor
            institution; and
                (B) includes--
                    (i) leased dark fiber, interoffice transport, backhaul,
                carrier-neutral internet exchange facilities, carrier-
                neutral submarine cable landing stations, undersea cables,
                transport connectivity to data centers, special access
                transport, and other similar services; and
                    (ii) wired or private wireless broadband
                infrastructure, including microwave capacity, radio tower
                access, and other services or infrastructure for a private
                wireless broadband network, such as towers, fiber, and
                microwave links.
            (10) Middle mile grant.--The term ``middle mile grant'' means a
        grant awarded under subsection (c).
            (11) Native entity.--The term ``Native entity'' means--
                (A) an Indian Tribe;
                (B) an Alaska Native Corporation;
                (C) a Native Hawaiian organization (as defined in section
            6207 of the Elementary and Secondary Education Act of 1965 (20
            U.S.C. 7517));
                (D) the Department of Hawaiian Home Lands; and
                (E) the Office of Hawaiian Affairs.
            (12) State.--The term ``State'' has the meaning given the term
        in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
            (13) Submarine cable landing station.--The term ``submarine
        cable landing station'' means a cable landing station, as that term
        is used in section 1.767(a)(5) of title 47, Code of Federal
        Regulations (or any successor regulation), that can be utilized to
        land a submarine cable by an entity that has obtained a license
        under the first section of the Act entitled ``An Act relating to
        the landing and operation of submarine cables in the United
        States'', approved May 27, 1921 (47 U.S.C. 34) (commonly known as
        the ``Cable Landing Licensing Act'').
            (14) Tribal government.--The term ``Tribal government'' means
        the recognized governing body of any Indian or Alaska Native tribe,
        band, nation, pueblo, village, community, component band, or
        component reservation, individually identified (including
        parenthetically) in the list published most recently as of the date
        of enactment of this Act pursuant to section 104 of the Federally
        Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).
            (15) Trust land.--The term ``trust land'' has the meaning given
        the term in section 3765 of title 38, United States Code.
            (16) Underserved.--The term ``underserved'', with respect to an
        area, means an area--
                (A) that is designated as a Tribally underserved area
            through the process described in subsection (g); or
                (B) that--
                    (i) is of a standard size not larger than a census
                block, as established by the Commission;
                    (ii) is not an unserved area; and
                    (iii) as determined in accordance with the FCC fixed
                broadband map, does not have access to broadband service
                with--

                        (I) except as provided in subclause (II)--

                            (aa) a download speed of not less than 100
                        megabits per second; and
                            (bb) an upload speed of not less than 20
                        megabits per second; or

                        (II) minimum download and upload speeds established
                    as benchmarks by the Commission for purposes of this
                    Act after the date of enactment of this Act, if those
                    minimum speeds are higher than the minimum speeds
                    required under subclause (I).

            (17) Unserved.--The term ``unserved'', with respect to an area,
        means an area--
                (A) that is designated as a Tribally underserved area
            through the process described in subsection (g); or
                (B) that--
                    (i) is of a standard size not larger than a census
                block, as established by the Commission; and
                    (ii) as determined in accordance with the FCC fixed
                broadband map, does not have access to broadband service
                with--

                        (I) except as provided in subclause (II)--

                            (aa) a download speed of not less than 25
                        megabits per second; and
                            (bb) an upload speed of not less than 3
                        megabits per second; or

                        (II) minimum download and upload speeds established
                    as benchmarks by the Commission for purposes of this
                    Act after the date of enactment of this Act, if those
                    minimum speeds are higher than the minimum speeds
                    required under subclause (I).

        (b) Purpose; Sense of Congress.--
            (1) Purpose.--The purposes of this section are--
                (A) to encourage the expansion and extension of middle mile
            infrastructure to reduce the cost of connecting unserved and
            underserved areas to the backbone of the internet (commonly
            referred to as the ``last mile''); and
                (B) to promote broadband connection resiliency through the
            creation of alternative network connection paths that can be
            designed to prevent single points of failure on a broadband
            network.
            (2) Sense of congress.--It is the sense of Congress that--
                (A) in awarding middle mile grants, the Assistant Secretary
            should give priority to--
                    (i) projects that leverage existing rights-of-way,
                assets, and infrastructure to minimize financial,
                regulatory, and permitting challenges;
                    (ii) projects in which the eligible entity designs the
                route of the middle mile infrastructure to enable the
                connection of unserved anchor institutions, including
                Tribal anchor institutions; and
                    (iii) projects that facilitate the development of
                carrier-neutral interconnection facilities; and
                    (iv) projects that--

                        (I) improve the redundancy and resiliency of
                    existing middle mile infrastructure; and
                        (II) reduce regulatory and permitting barriers to
                    promote the construction of new middle mile
                    infrastructure; and

                (B) a regulated utility should use funds received from a
            middle mile grant as a supplement to the core utility capital
            investment plan of the regulated utility to--
                    (i) facilitate increased broadband resiliency or
                redundancy of existing middle mile infrastructure; or
                    (ii) provide connectivity to unserved areas and
                underserved areas within the service territory of the
                utility and nearby communities.
        (c) Middle Mile Grants.--The Assistant Secretary shall establish a
    program under which the Assistant Secretary makes grants on a
    technology-neutral, competitive basis to eligible entities for the
    construction, improvement, or acquisition of middle mile
    infrastructure.
        (d) Applications for Grants.--
            (1) In general.--The Assistant Secretary shall establish an
        application process for middle mile grants in accordance with this
        subsection.
            (2) Evaluation of applications.--In establishing an application
        process for middle mile grants under paragraph (1), the Assistant
        Secretary shall give priority to an application from an eligible
        entity that satisfies 2 or more of the following conditions:
                (A) The eligible entity adopts fiscally sustainable middle
            mile strategies.
                (B) The eligible entity commits to offering non-
            discriminatory interconnect to terrestrial and wireless last
            mile broadband providers and any other party making a bona fide
            request.
                (C) The eligible entity identifies specific terrestrial and
            wireless last mile broadband providers that have--
                    (i) expressed written interest in interconnecting with
                middle mile infrastructure planned to be deployed by the
                eligible entity; and
                    (ii) demonstrated sustainable business plans or
                adequate funding sources with respect to the interconnect
                described in clause (i).
                (D) The eligible entity has identified supplemental
            investments or in-kind support (such as waived franchise or
            permitting fees) that will accelerate the completion of the
            planned project.
                (E) The eligible entity has demonstrated that the middle
            mile infrastructure will benefit national security interests of
            the United States and the Department of Defense.
            (3) Grant application competence.--The Assistant Secretary
        shall include in the application process established under
        paragraph (1) a requirement that an eligible entity provide
        evidence that the eligible entity is capable of carrying out a
        proposed project in a competent manner, including by demonstrating
        that the eligible entity has the financial, technical, and
        operational capability to carry out the proposed project and
        operate the resulting middle mile broadband network.
        (e) Eligibility.--
            (1) Prioritization.--To be eligible to obtain a middle mile
        grant, an eligible entity shall agree, in the application submitted
        through the process established under subsection (d), to
        prioritize--
                (A) connecting middle mile infrastructure to last mile
            networks that provide or plan to provide broadband service to
            households in unserved areas;
                (B) connecting non-contiguous trust lands; or
                (C) the offering of wholesale broadband service at
            reasonable rates on a carrier-neutral basis.
            (2) Buildout timeline.--Subject to paragraph (5), to be
        eligible to obtain a middle mile grant, an eligible entity shall
        agree, in the application submitted through the process established
        under subsection (d), to complete buildout of the middle mile
        infrastructure described in the application by not later than 5
        years after the date on which amounts from the grant are made
        available to the eligible entity.
            (3) Project eligibility requirements.--
                (A) Capability to support retail broadband service.--A
            project shall be eligible for a middle mile grant if, at the
            time of the application, the Assistant Secretary determines
            that the proposed middle mile broadband network will be capable
            of supporting retail broadband service.
                (B) Mapping data.--
                    (i) Use of most recent data.--In mapping out gaps in
                broadband coverage, an eligible entity that uses a middle
                mile grant to build out terrestrial or fixed wireless
                middle mile infrastructure shall use the most recent
                broadband mapping data available from one of the following
                sources:

                        (I) The FCC fixed broadband map.
                        (II) The State in which the area that will be
                    served by the middle mile infrastructure is located, or
                    the Tribal government with jurisdiction over the area
                    that will be served by the middle mile infrastructure
                    (if applicable).
                        (III) Speed and usage surveys of existing broadband
                    service that--

                            (aa) demonstrate that more than 25 percent of
                        the respondents display a broadband service speed
                        that is slower than the speeds required for an area
                        to qualify as unserved; and
                            (bb) are conducted by--
                                (AA) the eligible entity;
                                (BB) the State in which the area that will
                            be served by the middle mile infrastructure is
                            located; or
                                (CC) the Tribal government with
                            jurisdiction over the area that will be served
                            by the middle mile infrastructure (if
                            applicable).
                    (ii) Sharing facility locations.--

                        (I) Definition.--In this clause, the term ``covered
                    recipient'', with respect to an eligible entity,
                    means--

                            (aa) the Assistant Secretary;
                            (bb) the Commission;
                            (cc) the Tribal government with jurisdiction
                        over the area that will be served by the middle
                        mile infrastructure (if applicable); and
                            (dd) the State broadband office for the State
                        in which the area that will be served by the middle
                        mile infrastructure is located.

                        (II) Provision of information.--Subject to
                    subclauses (III) and (IV), an eligible entity that
                    constructs, improves, or acquires middle mile
                    infrastructure using a middle mile grant shall share
                    with each covered recipient the location of all the
                    middle mile broadband infrastructure.
                        (III) Format.--An eligible entity shall provide the
                    information required under subclause (II) to each
                    covered recipient in a uniform format determined by the
                    Assistant Secretary.
                        (IV) Protection of information.--

                            (aa) In general.--The information provided by
                        an eligible entity under subclause (II) may only be
                        used for purposes of carrying out the grant program
                        under subsection (c) and any reporting related
                        thereto.
                            (bb) Legal defenses.--
                                (AA) In general.--A covered recipient may
                            not receive information under subclause (II)
                            unless the covered recipient agrees in writing
                            to assert all available legal defenses to the
                            disclosure of the information if a person or
                            entity seeks disclosure from the covered
                            recipient under any Federal, State, or local
                            public disclosure law.
                                (BB) Rule of construction.--Nothing in
                            subitem (AA) is intended to be or shall be
                            construed as a waiver of Tribal sovereign
                            immunity.
                (C) Connection to anchor institutions.--To the extent
            feasible, an eligible entity that receives a middle mile grant
            to build middle mile infrastructure using fiber optic
            technology shall--
                    (i) ensure that the proposed middle mile broadband
                network will be capable of providing broadband to an anchor
                institution at a speed of not less than--

                        (I) 1 gigabit per second for downloads; and
                        (II) 1 gigabit per second for uploads to an anchor
                    institution; and

                    (ii) include direct interconnect facilities that will
                facilitate the provision of broadband service to anchor
                institutions located within 1,000 feet of the middle mile
                infrastructure.
                (D) Interconnection and nondiscrimination.--
                    (i) In general.--An eligible entity that receives a
                middle mile grant to build a middle mile project using
                fiber optic technology shall offer interconnection in
                perpetuity, where technically feasible without exceeding
                current or reasonably anticipated capacity limitations, on
                reasonable rates and terms to be negotiated with requesting
                parties.
                    (ii) Nature of interconnection.--The interconnection
                required to be offered under clause (i) includes both the
                ability to connect to the public internet and physical
                interconnection for the exchange of traffic.
                    (iii) Inclusion in application.--An applicant for a
                middle mile grant shall disclose the applicant's proposed
                interconnection, nondiscrimination, and network management
                practices in the application submitted through the process
                established under subsection (d).
            (4) Accountability.--The Assistant Secretary shall--
                (A) establish sufficient transparency, accountability,
            reporting, and oversight measures for the grant program
            established under subsection (c) to deter waste, fraud, and
            abuse of program funds; and
                (B) establish--
                    (i) buildout requirements for each eligible entity that
                receives a middle mile grant, which shall require the
                completion of a certain percentage of project miles by a
                certain date; and
                    (ii) penalties, which may include rescission of funds,
                for grantees that do not meet requirements described in
                clause (i) or the deadline under paragraph (2).
            (5) Extensions.--
                (A) In general.--At the request of an eligible entity, the
            Assistant Secretary may extend the buildout deadline under
            paragraph (2) by not more than 1 year if the eligible entity
            certifies that--
                    (i) the eligible entity has a plan for use of the
                middle mile grant;
                    (ii) the project to build out middle mile
                infrastructure is underway; or
                    (iii) extenuating circumstances require an extension of
                time to allow completion of the project to build out middle
                mile infrastructure.
                (B) Effect on interim buildout requirements.--If the
            Assistant Secretary grants an extension under subparagraph (A),
            the Assistant Secretary shall modify any buildout requirements
            established under paragraph (4)(B)(i) as necessary.
        (f) Federal Share.--The amount of a middle mile grant awarded to an
    eligible entity may not exceed 70 percent of the total project cost.
        (g) Special Rules for Tribal Governments.--
            (1) Waivers; alternative requirements.--The Assistant
        Secretary, in consultation with Tribal governments and Native
        entities, may waive, or specify alternative requirements for, any
        provision of subsections (c) through (f) if the Assistant Secretary
        finds that the waiver or alternative requirement is necessary--
                (A) for the effective delivery and administration of middle
            mile grants to Tribal governments; or
                (B) the construction, improvement, or acquisition of middle
            mile infrastructure on trust land.
            (2) Tribally unserved areas; tribally underserved areas.--The
        Assistant Secretary, in consultation with Tribal governments and
        Native entities, shall develop a process for designating Tribally
        unserved areas and Tribally underserved areas for purposes of this
        section.
        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $1,000,000,000 for fiscal years
    2022 through 2026.

                        TITLE V--BROADBAND AFFORDABILITY

    SEC. 60501. DEFINITIONS.
        In this title--
            (1) the term ``broadband internet access service'' has the
        meaning given the term in section 8.1(b) of title 47, Code of
        Federal Regulations, or any successor regulation; and
            (2) the term ``Commission'' means the Federal Communications
        Commission.
    SEC. 60502. BROADBAND AFFORDABILITY.
        (a) Extension and Modification of Emergency Broadband Benefit.--
            (1) Extension.--Section 904 of division N of the Consolidated
        Appropriations Act, 2021 (Public Law 116-260) is amended--
                (A) in the heading, by striking ``during emergency period
            relating to covid-19'';
                (B) in subsection (a)--
                    (i) by striking paragraph (8); and
                    (ii) by redesignating paragraphs (9) through (13) as
                paragraphs (8) through (12), respectively; and
                (C) in subsection (b)--
                    (i) in paragraph (1), by striking ``during the
                emergency period'';
                    (ii) in paragraph (4), by striking ``during the
                emergency period''; and
                    (iii) in paragraph (5), by striking ``during the
                emergency period,''.
            (2) Change to program name.--Section 904 of division N of the
        Consolidated Appropriations Act, 2021 (Public Law 116-260), as
        amended by paragraph (1) of this subsection, is amended--
                (A) in subsection (a)(7), in the heading, by striking
            ``Emergency broadband'' and inserting ``Affordable
            connectivity'';
                (B) in subsection (b), in the heading, by striking
            ``Emergency Broadband Benefit'' and inserting ``Affordable
            Connectivity'';
                (C) in subsection (i), in the heading, by striking
            ``Emergency Broadband'' and inserting ``Affordable'';
                (D) by striking ``Emergency Broadband Benefit'' each place
            the term appears and inserting ``Affordable Connectivity'';
                (E) by striking ``Emergency Broadband'' each place the term
            appears and inserting ``Affordable''; and
                (F) by striking ``emergency broadband'' each place the term
            appears and inserting ``affordable connectivity''.
            (3) Other initial modifications.--Section 904 of division N of
        the Consolidated Appropriations Act, 2021 (Public Law 116-260), as
        amended by paragraph (2) of this subsection, is amended--
                (A) in subsection (a)(7)--
                    (i) by striking ``The term'' and inserting the
                following:
                ``(A) In general.--Subject to subparagraph (B), the term'';
            and
                    (ii) by adding at the end the following:
                ``(B) High-cost areas.--The Commission shall, by
            regulation, establish a mechanism by which a participating
            provider in a high-cost area (as defined in section 60102(a)(2)
            of the Infrastructure Investment and Jobs Act) may provide an
            affordable connectivity benefit in an amount up to the amount
            specified in subparagraph (A) for an internet service offering
            provided on Tribal land upon a showing that the applicability
            of the lower limit under subparagraph (A) to the provision of
            the affordable connectivity benefit by the provider would cause
            particularized economic hardship to the provider such that the
            provider may not be able to maintain the operation of part or
            all of its broadband network.'';
                (B) in subsection (b)--
                    (i) by redesignating paragraphs (7) through (10) as
                paragraphs (12) through (15), respectively;
                    (ii) by inserting after paragraph (6) the following:
            ``(7) Requirement to allow customers to apply affordable
        connectivity benefit to any internet service offering.--
                ``(A) In general.--A participating provider--
                    ``(i) shall allow an eligible household to apply the
                affordable connectivity benefit to any internet service
                offering of the participating provider at the same terms
                available to households that are not eligible households;
                and
                    ``(ii) may not require the eligible household to submit
                to a credit check in order to apply the affordable
                connectivity benefit to an internet service offering of the
                participating provider.
                ``(B) Nonpayment.--Nothing in subparagraph (A) shall
            prevent a participating provider from terminating the provision
            of broadband internet access service to a subscriber after 90
            days of nonpayment.
            ``(8) Public awareness.--A participating provider, in
        collaboration with the applicable State agencies, public interest
        groups, and non-profit organizations, in order to increase the
        adoption of broadband internet access service by consumers, shall
        carry out public awareness campaigns in service areas that are
        designed to highlight--
                ``(A) the value and benefits of broadband internet access
            service; and
                ``(B) the existence of the Affordable Connectivity Program.
            ``(9) Oversight.--The Commission--
                ``(A) shall establish a dedicated complaint process for
            consumers who participate in the Affordable Connectivity
            Program to file complaints about the compliance of
            participating providers with, including with respect to the
            quality of service received under, the Program;
                ``(B) shall require a participating provider to supply
            information about the existence of the complaint process
            described in subparagraph (A) to subscribers who participate in
            the Affordable Connectivity Program;
                ``(C)(i) shall act expeditiously to investigate potential
            violations of and enforce compliance with this section,
            including under clause (ii) of this subparagraph; and
                ``(ii) in enforcing compliance with this section, may
            impose forfeiture penalties under section 503 of the
            Communications Act of 1934 (47 U.S.C. 503); and
                ``(D) shall regularly issue public reports about complaints
            regarding the compliance of participating providers with the
            Affordable Connectivity Program.
            ``(10) Information on affordable connectivity program.--
                ``(A) Participating providers.--When a customer subscribes
            to, or renews a subscription to, an internet service offering
            of a participating provider, the participating provider shall
            notify the customer about the existence of the Affordable
            Connectivity Program and how to enroll in the Program.
                ``(B) Federal agencies.--The Commission shall collaborate
            with relevant Federal agencies, including to ensure relevant
            Federal agencies update their System of Records Notices, to
            ensure that a household that participates in any program that
            qualifies the household for the Affordable Connectivity Program
            is provided information about the Program, including how to
            enroll in the Program.
                ``(C) Commission outreach.--
                    ``(i) In general.--The Commission may conduct outreach
                efforts to encourage eligible households to enroll in the
                Affordable Connectivity Program.
                    ``(ii) Activities.--In carrying out clause (i), the
                Commission may--

                        ``(I) facilitate consumer research;
                        ``(II) conduct focus groups;
                        ``(III) engage in paid media campaigns;
                        ``(IV) provide grants to outreach partners; and
                        ``(V) provide an orderly transition for
                    participating providers and consumers from the
                    Emergency Broadband Benefit Program established under
                    paragraph (1) (as that paragraph was in effect on the
                    day before the date of enactment of the Infrastructure
                    Investment and Jobs Act) to the Affordable Connectivity
                    Program.

            ``(11) Consumer protection issues.--
                ``(A) In general.--The Commission shall, after providing
            notice and opportunity for comment in accordance with section
            553 of title 5, United States Code, promulgate rules to protect
            consumers who participate in, or seek to participate in, the
            Affordable Connectivity Program from--
                    ``(i) inappropriate upselling or downselling by a
                participating provider;
                    ``(ii) inappropriate requirements that a consumer opt
                in to an extended service contract as a condition of
                participating in the Affordable Connectivity Program;
                    ``(iii) inappropriate restrictions on the ability of a
                consumer to switch internet service offerings or otherwise
                apply support from the Affordable Connectivity Program to a
                different internet service offering with a participating
                provider;
                    ``(iv) inappropriate restrictions on the ability of a
                consumer to switch participating providers, other than a
                requirement that the customer return any customer premises
                equipment provided by a participating provider; and
                    ``(v) similar restrictions that amount to unjust and
                unreasonable acts or practices that undermine the purpose,
                intent, or integrity of the Affordable Connectivity
                Program.
                ``(B) Exceptions.--In complying with this paragraph, the
            Commission may take advantage of the exceptions set forth in
            subsections (e) and (f).''; and
                    (iii) in paragraph (14), as so redesignated, by
                striking ``paragraph (7)'' and inserting ``paragraph
                (12)''.
        (b) Delayed Amendments to Affordable Connectivity Program.--
            (1) In general.--Effective on the date on which the Commission
        submits the certification required under paragraph (4), or December
        31, 2021, whichever is earlier, section 904 of division N of the
        Consolidated Appropriations Act, 2021 (Public Law 116-260), as
        amended by subsection (a) of this section, is amended--
                (A) in subsection (a)--
                    (i) in paragraph (6)--

                        (I) in subparagraph (A), by inserting before the
                    semicolon at the end the following: ``except that such
                    subsection (a), including for purposes of such
                    subsection (b), shall be applied by substituting `200
                    percent' for `135 percent''';
                        (II) by striking subparagraph (C);
                        (III) by redesignating subparagraphs (D) and (E) as
                    subparagraphs (C) and (D), respectively;
                        (IV) in subparagraph (C), as so redesignated, by
                    striking ``or'' at the end;
                        (V) in subparagraph (D), as so redesignated--

                            (aa) by striking ``or COVID-19''; and
                            (bb) by striking the period at the end and
                        inserting ``; or''; and

                        (VI) by adding at the end the following:

                ``(E) at least one member of the household receives
            assistance through the special supplemental nutritional program
            for women, infants, and children established by section 17 of
            the Child Nutrition Act of 1996 (42 U.S.C. 1786).'';
                    (ii) in paragraph (7)--

                        (I) by striking ``which shall be no more than the
                    standard rate for an internet service offering and
                    associated equipment,''; and
                        (II) by striking ``$50'' and inserting ``$30'';

                    (iii) in paragraph (8), as so redesignated by
                subsection (a) of this section, by striking ``, offered in
                the same manner, and on the same terms, as described in any
                of such provider's offerings for broadband internet access
                service to such household, as on December 1, 2020''; and
                    (iv) by striking paragraph (12), as so redesignated by
                subsection (a) of this section; and
                (B) in subsection (b)(6)--
                    (i) by striking subparagraph (A);
                    (ii) by redesignating subparagraphs (B), (C), and (D)
                as subparagraphs (A), (B), and (C), respectively; and
                    (iii) in subparagraph (A), as so redesignated--

                        (I) by striking clause (i); and
                        (II) by redesignating clauses (ii), (iii), and (iv)
                    as clauses (i), (ii), and (iii), respectively.

            (2) Applicability of amendment to eligibility.-- A household
        that qualified for the Affordable Connectivity Program under
        section 904 of division N of the Consolidated Appropriations Act,
        2021 (Public Law 116-260) before the effective date in paragraph
        (1) and, as of that effective date, would, but for this
        subparagraph, see a reduction in the amount of the affordable
        connectivity benefit under the Program, shall, during the 60-day
        period beginning on that effective date, be eligible for the
        affordable connectivity benefit in the amount in effect with
        respect to that household, as of the day before that effective
        date.
            (3) Transition.--After the effective date under paragraph (1),
        an eligible household that was participating in the Emergency
        Broadband Benefit Program under section 904 of division N of the
        Consolidated Appropriations Act, 2021 (Public Law 116-260) on the
        day before the date of enactment of this Act and qualifies for the
        Affordable Connectivity Program established under that section (as
        amended by this section) shall continue to have access to an
        affordable service offering.
            (4) Certification required.--On the date on which the amounts
        appropriated under section 904(i)(2) of division N of the
        Consolidated Appropriations Act, 2021 (Public Law 116-260) have
        been fully expended, the Commission shall submit to Congress a
        certification regarding that fact.
        (c) Broadband Transparency Rules.--
            (1) Rules.--Not later than 1 year after the date of enactment
        of this Act, the Commission shall issue final rules regarding the
        annual collection by the Commission of data relating to the price
        and subscription rates of each internet service offering of a
        participating provider under the Affordable Connectivity Program
        established under section 904 of division N of the Consolidated
        Appropriations Act, 2021 (Public Law 116-260) (as amended by this
        section) to which an eligible household subscribes.
            (2) Updates.--Not later than 180 days after the date on which
        rules are issued under paragraph (1), and when determined to be
        necessary by the Commission thereafter, the Commission shall revise
        the rules to verify the accuracy of data submitted pursuant to the
        rules.
            (3) Redundancy avoidance.--Nothing in this subsection shall be
        construed to require the Commission, in order to meet a requirement
        of this subsection, to duplicate an activity that the Commission is
        undertaking as of the date of enactment of this Act, if--
                (A) the Commission refers to the activity in the rules
            issued under paragraph (1);
                (B) the activity meets the requirements of this subsection;
            and
                (C) the Commission discloses the activity to the public.
            (4) Availability of data.--
                (A) Public availability.--The Commission shall make data
            relating to broadband internet access service collected under
            the rules issued under paragraph (1) available to the public in
            a commonly used electronic format without risking the
            disclosure of personally identifiable information or
            proprietary information, consistent with section 0.459 of title
            47, Code of Federal Regulations (or any successor regulation).
                (B) Determination of personally identifiable information.--
            The Commission--
                    (i) shall define the term ``personally identifiable
                information'', for purposes of subparagraph (A) through
                notice and comment rulemaking; and
                    (ii) may not make any data available to the public
                under subparagraph (A) before completing the rulemaking
                under clause (i) of this subparagraph.
        (d) Guidance.--The Commission may issue such guidance, forms,
    instructions, or publications, or provide such technical assistance, as
    may be necessary or appropriate to carry out the programs, projects, or
    activities authorized under this section and the amendments made by
    this section, including to ensure that such programs, projects, or
    activities are completed in a timely and effective manner.
        (e) Coordination.--The Secretary of Agriculture, the Secretary of
    Education, and the Secretary of Health and Human Services shall--
            (1) not later than 60 days after the date of enactment of this
        Act, enter into a memorandum of understanding with the Universal
        Service Administrative Company to provide for the expeditious
        sharing of data through the National Verifier (as that term is
        defined in section 54.400 of title 47, Code of Federal Regulations,
        or any successor regulation), or any successor system, for the
        purposes of verifying consumer eligibility for the program
        established under section 904 of division N of the Consolidated
        Appropriations Act, 2021 (Public Law 116-260), as amended by this
        section; and
            (2) not later than 90 days after the date of enactment of this
        Act, begin to share data under the memorandum of understanding
        described in paragraph (1) for the purposes described in that
        paragraph.
    SEC. 60503. COORDINATION WITH CERTAIN OTHER FEDERAL AGENCIES.
        Section 804(b)(2) of the Communications Act of 1934 (47 U.S.C.
    644(b)(2)), as added by section 2 of the Broadband DATA Act (Public Law
    116-130), is amended--
            (1) in subparagraph (A), by adding ``and'' at the end; and
            (2) by striking subparagraphs (B) and (C) and inserting the
        following:
                ``(B) coordinate with the Postmaster General, the heads of
            other Federal agencies that operate delivery fleet vehicles,
            and the Director of the Bureau of the Census for assistance
            with data collection whenever coordination could feasibly yield
            more specific geographic data.''.
    SEC. 60504. ADOPTION OF CONSUMER BROADBAND LABELS.
        (a) Final Rule.--Not later than 1 year after the date of enactment
    of this Act, the Commission shall promulgate regulations to require the
    display of broadband consumer labels, as described in the Public Notice
    of the Commission issued on April 4, 2016 (DA 16-357), to disclose to
    consumers information regarding broadband internet access service
    plans.
        (b) Introductory Rate Information.--
            (1) In general.--The broadband consumer label required under
        subsection (a) shall also include information regarding whether the
        offered price is an introductory rate and, if so, the price the
        consumer will be required to pay following the introductory period.
            (2) Use in broadband data collection.--The Commission shall
        rely on the price information displayed on the broadband consumer
        label required under subsection (a) for any collection of data
        relating to the price and subscription rates of each covered
        broadband internet access service under section 60502(c).
        (c) Hearings.--In issuing the final rule under subsection (a), the
    Commission shall conduct a series of public hearings to assess, at the
    time of the proceeding--
            (1) how consumers evaluate broadband internet access service
        plans; and
            (2) whether disclosures to consumers of information regarding
        broadband internet access service plans, including the disclosures
        required under section 8.1 of title 47, Code of Federal
        Regulations, are available, effective, and sufficient.
    SEC. 60505. GAO REPORT.
        (a) Definitions.--In this section, the term ``appropriate
    committees of Congress'' means--
            (1) the Committee on Appropriations of the Senate;
            (2) the Committee on Appropriations of the House of
        Representatives;
            (3) the Committee on Commerce, Science, and Transportation of
        the Senate;
            (4) the Committee on Environment and Public Works of the
        Senate;
            (5) the Committee on Agriculture, Nutrition, and Forestry of
        the Senate;
            (6) the Committee on Energy and Commerce of the House of
        Representatives;
            (7) the Committee on Agriculture of the House of
        Representatives; and
            (8) the Committee on Transportation and Infrastructure of the
        House of the Representatives.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Comptroller General of the United States shall submit to
    the appropriate committees of Congress a report that evaluates the
    process used by the Commission for establishing, reviewing, and
    updating the upload and download speed thresholds for broadband
    internet access service, including--
            (1) how the Commission reviews and updates broadband internet
        access speed thresholds;
            (2) whether the Commission should consider future broadband
        internet access service speed needs when establishing broadband
        internet access service speed thresholds, including whether the
        Commission considers the need, or the anticipated need, for higher
        upload or download broadband internet access service speeds in the
        5-year period and the 10-year period after the date on which a
        broadband internet access service speed threshold is to be
        established; and
            (3) whether the Commission should consider the impacts of
        changing uses of the internet in establishing, reviewing, or
        updating broadband internet access service speed thresholds,
        including--
                (A) the proliferation of internet-based business;
                (B) working remotely and running a business from home;
                (C) video teleconferencing;
                (D) distance learning;
                (E) in-house web hosting; and
                (F) cloud data storage.
    SEC. 60506. DIGITAL DISCRIMINATION.
        (a) Statement of Policy.--It is the policy of the United States
    that, insofar as technically and economically feasible--
            (1) subscribers should benefit from equal access to broadband
        internet access service within the service area of a provider of
        such service;
            (2) the term ``equal access'', for purposes of this section,
        means the equal opportunity to subscribe to an offered service that
        provides comparable speeds, capacities, latency, and other quality
        of service metrics in a given area, for comparable terms and
        conditions; and
            (3) the Commission should take steps to ensure that all people
        of the United States benefit from equal access to broadband
        internet access service.
        (b) Adoption of Rules.--Not later than 2 years after the date of
    enactment of this Act, the Commission shall adopt final rules to
    facilitate equal access to broadband internet access service, taking
    into account the issues of technical and economic feasibility presented
    by that objective, including--
            (1) preventing digital discrimination of access based on income
        level, race, ethnicity, color, religion, or national origin; and
            (2) identifying necessary steps for the Commissions to take to
        eliminate discrimination described in paragraph (1).
        (c) Federal Policies.--The Commission and the Attorney General
    shall ensure that Federal policies promote equal access to robust
    broadband internet access service by prohibiting deployment
    discrimination based on--
            (1) the income level of an area;
            (2) the predominant race or ethnicity composition of an area;
        or
            (3) other factors the Commission determines to be relevant
        based on the findings in the record developed from the rulemaking
        under subsection (b).
        (d) Model State and Local Policies.--The Commission shall develop
    model policies and best practices that can be adopted by States and
    localities to ensure that broadband internet access service providers
    do not engage in digital discrimination.
        (e) Complaints.--The Commission shall revise its public complaint
    process to accept complaints from consumers or other members of the
    public that relate to digital discrimination.

                TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

    SEC. 60601. SHORT TITLE.
        This title may be cited as the ``Telecommunications Skilled
    Workforce Act''.
    SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
        (a) In General.--Part I of title III of the Communications Act of
    1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
    following:
        ``SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
        ``(a) Definition.--In this section, the term `telecommunications
    interagency working group' means the interagency working group
    established under subsection (b)(1).
        ``(b) Establishment.--
            ``(1) In general.--Not later than 60 days after the date of
        enactment of this section, the Chairman of the Commission, in
        partnership with the Secretary of Labor, shall establish within the
        Commission an interagency working group to develop recommendations
        to address the workforce needs of the telecommunications industry,
        including the safety of that workforce.
            ``(2) Date of establishment.--The telecommunications
        interagency working group shall be considered established on the
        date on which a majority of the members of the working group have
        been appointed, consistent with subsection (d).
        ``(c) Duties.--In developing recommendations under subsection (b),
    the telecommunications interagency working group shall--
            ``(1) determine whether, and if so how, any Federal laws,
        regulations, guidance, policies, or practices, or any budgetary
        constraints, may be amended to strengthen the ability of
        institutions of higher education (as defined in section 101 of the
        Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit
        businesses to establish, adopt, or expand programs intended to
        address the workforce needs of the telecommunications industry,
        including the workforce needed to build and maintain the 5G
        wireless infrastructure necessary to support 5G wireless
        technology;
            ``(2) identify potential policies and programs that could
        encourage and improve coordination among Federal agencies, between
        Federal agencies and States, and among States, on
        telecommunications workforce needs;
            ``(3) identify ways in which existing Federal programs,
        including programs that help facilitate the employment of veterans
        and military personnel transitioning into civilian life, could be
        leveraged to help address the workforce needs of the
        telecommunications industry;
            ``(4) identify ways to improve recruitment in workforce
        development programs in the telecommunications industry;
            ``(5) identify Federal incentives that could be provided to
        institutions of higher education, for-profit businesses, State
        workforce development boards established under section 101 of the
        Workforce Innovation and Opportunity Act (29 U.S.C. 3111), or other
        relevant stakeholders to establish or adopt new programs, expand
        current programs, or partner with registered apprenticeship
        programs, to address the workforce needs of the telecommunications
        industry, including such needs in rural areas;
            ``(6) identify ways to improve the safety of telecommunications
        workers, including tower climbers; and
            ``(7) identify ways that trends in wages, benefits, and working
        conditions in the telecommunications industry impact recruitment of
        employees in the sector.
        ``(d) Members.--The telecommunications interagency working group
    shall be composed of the following representatives of Federal agencies
    and relevant non-Federal industry and labor stakeholder organizations:
            ``(1) A representative of the Department of Education,
        appointed by the Secretary of Education.
            ``(2) A representative of the National Telecommunications and
        Information Administration, appointed by the Assistant Secretary of
        Commerce for Communications and Information.
            ``(3) A representative of the Commission, appointed by the
        Chairman of the Commission.
            ``(4) A representative of a registered apprenticeship program
        in construction or maintenance, appointed by the Secretary of
        Labor.
            ``(5) A representative of a telecommunications industry
        association, appointed by the Chairman of the Commission.
            ``(6) A representative of an Indian Tribe or Tribal
        organization, appointed by the Chairman of the Commission.
            ``(7) A representative of a rural telecommunications carrier,
        appointed by the Chairman of the Commission.
            ``(8) A representative of a telecommunications contractor firm,
        appointed by the Chairman of the Commission.
            ``(9) A representative of an institution of higher education
        described in section 371(a) of the Higher Education Act of 1965 (20
        U.S.C. 1067q(a)), appointed by the Secretary of Education.
            ``(10) A public interest advocate for tower climber safety,
        appointed by the Secretary of Labor.
            ``(11) A representative of the Directorate of Construction of
        the Occupational Safety and Health Administration, appointed by the
        Secretary of Labor.
            ``(12) A representative of a labor organization representing
        the telecommunications workforce, appointed by the Secretary of
        Labor.
        ``(e) No Compensation.--A member of the telecommunications
    interagency working group shall serve without compensation.
        ``(f) Other Matters.--
            ``(1) Chair and vice chair.--The telecommunications interagency
        working group shall name a chair and a vice chair, who shall be
        responsible for organizing the business of the working group.
            ``(2) Subgroups.--The chair and vice chair of the
        telecommunications interagency working group, in consultation with
        the other members of the telecommunications interagency working
        group, may establish such subgroups as necessary to help conduct
        the work of the telecommunications interagency working group.
            ``(3) Support.--The Commission and the Secretary of Labor may
        detail employees of the Commission and the Department of Labor,
        respectively, to assist and support the work of the
        telecommunications interagency working group, though such a
        detailee shall not be considered to be a member of the working
        group.
        ``(g) Report to Congress.--
            ``(1) Report to congress.--Not later than 1 year after the date
        on which the telecommunications interagency working group is
        established, the working group shall submit a report containing its
        recommendations to address the workforce needs of the
        telecommunications industry to--
                ``(A) the Committee on Commerce, Science, and
            Transportation of the Senate;
                ``(B) the Committee on Health, Education, Labor, and
            Pensions of the Senate;
                ``(C) the Committee on Energy and Commerce of the House of
            Representatives;
                ``(D) the Committee on Education and Labor of the House of
            Representatives;
                ``(E) the Department of Labor; and
                ``(F) the Commission.
            ``(2) Majority support.--The telecommunications interagency
        working group may not submit the report under paragraph (1) unless
        the report has the support of not less than the majority of the
        members of the working group.
            ``(3) Views.--The telecommunications interagency working group
        shall--
                ``(A) include with the report submitted under paragraph (1)
            any concurring or dissenting view offered by a member of the
            working group; and
                ``(B) identify each member to whom each concurring or
            dissenting view described in subparagraph (A) should be
            attributed.
            ``(4) Public posting.--The Commission and the Secretary of
        Labor shall make a copy of the report submitted under paragraph (1)
        available to the public on the websites of the Commission and the
        Department of Labor, respectively.
        ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
    (5 U.S.C. App.) shall not apply to the telecommunications interagency
    working group.''.
        (b) Sunset.--Section 344 of the Communications Act of 1934, as
    added by subsection (a), shall be repealed on the day after the date on
    which the interagency working group established under subsection (b)(1)
    of that section submits the report to Congress under subsection (g) of
    that section.
    SEC. 60603. TELECOMMUNICATIONS WORKFORCE GUIDANCE.
         Not later than 1 year after the date of enactment of this Act, the
    Secretary of Labor, in partnership with the Chairman of the Federal
    Communications Commission, shall establish and issue guidance on how
    States can address the workforce needs and safety of the
    telecommunications industry, including guidance on how a State
    workforce development board established under section 101 of the
    Workforce Innovation and Opportunity Act (29 U.S.C. 3111) can--
            (1) utilize Federal resources available to States to meet the
        workforce needs of the telecommunications industry;
            (2) promote and improve recruitment in workforce development
        programs in the telecommunications industry; and
            (3) ensure the safety of the telecommunications workforce,
        including tower climbers.
    SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE TELECOMMUNICATIONS
    INDUSTRY.
        (a) Definitions.--In this section, the term ``appropriate
    congressional committees'' means--
            (1) the Committee on Commerce, Science, and Transportation of
        the Senate;
            (2) the Committee on Health, Education, Labor, and Pensions of
        the Senate;
            (3) the Committee on Energy and Commerce of the House of
        Representatives; and
            (4) the Committee on Education and Labor of the House of
        Representatives.
        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General of the United States shall submit to
    the appropriate congressional committees a report that estimates the
    number of skilled telecommunications workers that will be required to
    build and maintain--
            (1) broadband infrastructure in rural areas, including
        estimates based on--
                (A) current need; and
                (B) projected need, if Congress enacts legislation that
            accelerates broadband infrastructure construction in the United
            States; and
            (2) the wireless infrastructure needed to support 5G wireless
        technology.

                        DIVISION G--OTHER AUTHORIZATIONS
            TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

    SEC. 70101. INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND.
        (a) Establishment.--There is established in the Treasury of the
    United States a fund to be known as the ``Indian Water Rights
    Settlement Completion Fund'' (referred to in this section as the
    ``Fund'').
        (b) Deposits.--
            (1) In general.--On the later of October 1, 2021, and the date
        of enactment of this Act, out of any funds in the Treasury not
        otherwise appropriated, the Secretary of the Treasury shall deposit
        in the Fund $2,500,000,000, to remain available until expended.
            (2) Availability.--Amounts deposited in the Fund under
        paragraph (1) shall be available to the Secretary of the Interior,
        without further appropriation or fiscal year limitation, for the
        uses described in subsection (c).
        (c) Uses.--Subject to subsection (d), amounts deposited in the Fund
    under subsection (b) shall be used by the Secretary of the Interior for
    transfers to funds or accounts authorized to receive discretionary
    appropriations, or to satisfy other obligations identified by the
    Secretary of the Interior, under an Indian water settlement approved
    and authorized by an Act of Congress before the date of enactment of
    this Act.
        (d) Scope of Transfers.--
            (1) In general.--Transfers authorized under subsection (c)
        shall be made in such amounts as are determined by the Secretary of
        the Interior to be appropriate to satisfy the obligations of the
        United States, including appropriate indexing, pursuant to the
        applicable Indian water settlement.
            (2) Sequence and timing.--The Secretary of the Interior shall
        have the discretion to determine the sequence and timing of
        transfers from the Fund under subsection (c) in order to
        substantially complete the eligible Indian water settlements as
        expeditiously as practicable.

                         TITLE II--WILDFIRE MITIGATION

    SEC. 70201. SHORT TITLE.
        This title may be cited as the ``Wildland Fire Mitigation and
    Management Commission Act of 2021''.
    SEC. 70202. DEFINITIONS.
        In this title:
            (1) Appropriate committees of congress.--The term ``appropriate
        committees of Congress'' means--
                (A) the Committee on Energy and Natural Resources of the
            Senate;
                (B) the Committee on Agriculture, Nutrition, and Forestry
            of the Senate;
                (C) the Committee on Homeland Security and Governmental
            Affairs of the Senate;
                (D) the Committee on Appropriations of the Senate;
                (E) the Committee on Environment and Public Works of the
            Senate;
                (F) the Committee on Natural Resources of the House of
            Representatives;
                (G) the Committee on Agriculture of the House of
            Representatives;
                (H) the Committee on Homeland Security of the House of
            Representatives;
                (I) the Committee on Appropriations of the House of
            Representatives;
                (J) the Committee on Ways and Means of the House of
            Representatives; and
                (K) the Committee on Natural Resources of the House of
            Representatives.
            (2) Commission.--The term ``Commission'' means the commission
        established under section 70203(a).
            (3) High-risk indian tribal government.--The term ``high-risk
        Indian tribal government'' means an Indian tribal government,
        during not fewer than 4 of the 5 years preceding the date of
        enactment of this Act--
                (A) that received fire management assistance under section
            420 of the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5187); or
                (B) land of which included an area for which the President
            declared a major disaster for fire in accordance with section
            401 of that Act (42 U.S.C. 5170).
            (4) High-risk state.--The term ``high-risk State'' means a
        State that, during not fewer than 4 of the 5 years preceding the
        date of enactment of this Act--
                (A) received fire management assistance under section 420
            of the Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5187); or
                (B) included an area for which the President declared a
            major disaster for fire in accordance with section 401 of that
            Act (42 U.S.C. 5170).
            (5) Indian tribal government.--The term ``Indian tribal
        government'' has the meaning given the term in section 102 of the
        Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
        U.S.C. 5122).
            (6) Secretaries.--The term ``Secretaries'' means--
                (A) the Secretary of the Interior;
                (B) the Secretary of Agriculture; and
                (C) the Secretary of Homeland Security, acting through the
            Administrator of the Federal Emergency Management Agency.
            (7) State.--The term ``State'' has the meaning given the term
        in section 102 of the Robert T. Stafford Disaster Relief and
        Emergency Assistance Act (42 U.S.C. 5122).
            (8) Wildland-urban interface.--The term ``wildland-urban
        interface'' has the meaning given the term in section 101 of the
        Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
    SEC. 70203. ESTABLISHMENT OF COMMISSION.
        (a) Establishment.--Not later than 30 days after the date of
    enactment of this Act, the Secretaries shall jointly establish a
    commission to study and make recommendations to improve Federal
    policies relating to--
            (1) the prevention, mitigation, suppression, and management of
        wildland fires in the United States; and
            (2) the rehabilitation of land in the United States devastated
        by wildland fires.
        (b) Membership.--
            (1) Composition.--The Commission shall be composed of--
                (A) each of the Secretaries (or designees), who shall
            jointly serve as the co-chairpersons of the Commission;
                (B) 9 representatives of Federal departments or agencies,
            to be appointed by the Secretaries, including--
                    (i) not fewer than 1 representative from each of--

                        (I) the Bureau of Land Management;
                        (II) the National Park Service;
                        (III) the Bureau of Indian Affairs;
                        (IV) the United States Fish and Wildlife Service;
                    and
                        (V) the Forest Service;

                    (ii) a representative of or liaison to the Mitigation
                Framework Leadership Group of the Federal Emergency
                Management Agency;
                    (iii) a representative to the National Interagency
                Coordination Center, which is part of the National Wildfire
                Coordination Group;
                    (iv) a representative from 1 of the coordinating
                agencies of the Recovery Support Function Leadership Group;
                and
                    (v) if the Secretaries determine it to be appropriate,
                a representative of any other Federal department or agency,
                such as the Department of Energy, the Environmental
                Protection Agency, or the Department of Defense; and
                (C) 18 non-Federal stakeholders with expertise in wildland
            fire preparedness, mitigation, suppression, or management, who
            collectively have a combination of backgrounds, experiences,
            and viewpoints and are representative of rural, urban, and
            suburban areas, to be appointed by the Secretaries, including--
                    (i) not fewer than 1 State hazard mitigation officer of
                a high-risk State (or a designee);
                    (ii) with preference given to representatives from
                high-risk States and high-risk Indian tribal governments,
                not fewer than 1 representative from each of--

                        (I) a State department of natural resources,
                    forestry, or agriculture or a similar State agency;
                        (II) a State department of energy or a similar
                    State agency;
                        (III) a county government, with preference given to
                    counties at least a portion of which is in the
                    wildland-urban interface; and
                        (IV) a municipal government, with preference given
                    to municipalities at least a portion of which is in the
                    wildland-urban interface;

                    (iii) with preference given to representatives from
                high-risk States and high-risk Indian tribal governments,
                not fewer than 1 representative from each of--

                        (I) the public utility industry;
                        (II) the property development industry;
                        (III) Indian tribal governments;
                        (IV) wildland firefighters; and
                        (V) an organization--

                            (aa) described in section 501(c)(3) of the
                        Internal Revenue Code of 1986 and exempt from
                        taxation under section 501(a) of that Code; and
                            (bb) with expertise in forest management and
                        environmental conservation;
                    (iv) not greater than 2 other appropriate non-Federal
                stakeholders, which may include the private sector; and
                    (v) any other appropriate non-Federal stakeholders,
                which may include the private sector, with preference given
                to non-Federal stakeholders from high-risk States and high-
                risk Indian tribal governments.
            (2) State limitation.--Each member of the Commission appointed
        under clauses (i) and (ii) of paragraph (1)(C) shall represent a
        different State.
            (3) Date.--The appointments of the members of the Commission
        shall be made not later than 60 days after the date of enactment of
        this Act.
        (c) Period of Appointment; Vacancies.--
            (1) In general.--A member of the Commission shall be appointed
        for the life of the Commission.
            (2) Vacancies.--A vacancy in the Commission--
                (A) shall not affect the powers of the Commission; and
                (B) shall be filled in the same manner as the original
            appointment.
        (d) Meetings.--
            (1) Initial meeting.--Not later than 30 days after the date on
        which all members of the Commission have been appointed, the
        Commission shall hold the first meeting of the Commission.
            (2) Frequency.--The Commission shall meet not less frequently
        than once every 30 days.
            (3) Type.--The Commission may hold meetings, and a member of
        the Commission may participate in a meeting, remotely through
        teleconference, video conference, or similar means.
            (4) Quorum.--A majority of the members of the Commission shall
        constitute a quorum, but a lesser number of members may hold
        hearings.
    SEC. 70204. DUTIES OF COMMISSION.
        (a) Report on Recommendations to Mitigate and Manage Wildland
    Fires.--
            (1) In general.--Not later than 1 year after the date of the
        first meeting of the Commission, the Commission shall submit to the
        appropriate committees of Congress a report describing
        recommendations to prevent, mitigate, suppress, and manage wildland
        fires, including--
                (A) policy recommendations, including recommendations--
                    (i) to maximize the protection of human life, community
                water supplies, homes, and other essential structures,
                which may include recommendations to expand the use of
                initial attack strategies;
                    (ii) to facilitate efficient short- and long-term
                forest management in residential and nonresidential at-risk
                areas, which may include a review of community wildfire
                protection plans;
                    (iii) to manage the wildland-urban interface;
                    (iv) to manage utility corridors;
                    (v) to rehabilitate land devastated by wildland fire;
                and
                    (vi) to improve the capacity of the Secretary of
                Agriculture and the Secretary of the Interior to conduct
                hazardous fuels reduction projects;
                (B) policy recommendations described in subparagraph (A)
            with respect to any recommendations for--
                    (i) categorical exclusions from the requirement to
                prepare an environmental impact statement or analysis under
                the National Environmental Policy Act of 1969 (42 U.S.C.
                4321 et seq.); or
                    (ii) additional staffing or resources that may be
                necessary to more expeditiously prepare an environmental
                impact statement or analysis under that Act;
                (C) policy recommendations for modernizing and expanding
            the use of technology, including satellite technology, remote
            sensing, unmanned aircraft systems, and any other type of
            emerging technology, to prevent, mitigate, suppress, and manage
            wildland fires, including any recommendations with respect to--
                    (i) the implementation of section 1114 of the John D.
                Dingell, Jr. Conservation, Management, and Recreation Act
                (43 U.S.C. 1748b-1); or
                    (ii) improving early wildland fire detection;
                (D) an assessment of Federal spending on wildland fire-
            related disaster management, including--
                    (i) a description and assessment of Federal grant
                programs for States and units of local government for pre-
                and post-wildland fire disaster mitigation and recovery,
                including--

                        (I) the amount of funding provided under each
                    program;
                        (II) the effectiveness of each program with respect
                    to long-term forest management and maintenance; and
                        (III) recommendations to improve the effectiveness
                    of each program, including with respect to--

                            (aa) the conditions on the use of funds
                        received under the program; and
                            (bb) the extent to which additional funds are
                        necessary for the program;
                    (ii) an evaluation, including recommendations to
                improve the effectiveness in mitigating wildland fires,
                which may include authorizing prescribed fires, of--

                        (I) the Building Resilient Infrastructure and
                    Communities program under section 203 of the Robert T.
                    Stafford Disaster Relief and Emergency Assistance Act
                    (42 U.S.C. 5133);
                        (II) the Pre-Disaster Mitigation program under that
                    section (42 U.S.C. 5133);
                        (III) the Hazard Mitigation Grant Program under
                    section 404 of that Act (42 U.S.C. 5170c);
                        (IV) Hazard Mitigation Grant Program post-fire
                    assistance under sections 404 and 420 of that Act (42
                    U.S.C. 5170c, 5187); and
                        (V) such other programs as the Commission
                    determines to be appropriate;

                    (iii) an assessment of the definition of ``small
                impoverished community'' under section 203(a) of the Robert
                T. Stafford Disaster Relief and Emergency Assistance Act
                (42 U.S.C. 5133(a)), specifically--

                        (I) the exclusion of the percentage of land owned
                    by an entity other than a State or unit of local
                    government; and
                        (II) any related economic impact of that exclusion;
                    and

                    (iv) recommendations for Federal budgeting for wildland
                fires and post-wildfire recovery;
                (E) any recommendations for matters under subparagraph (A),
            (B), (C), or (D) specific to--
                    (i) forest type, vegetation type, or forest and
                vegetation type; or
                    (ii) State land, Tribal land, or private land;
                (F)(i) a review of the national strategy described in the
            report entitled ``The National Strategy: The Final Phase in the
            Development of the National Cohesive Wildland Fire Management
            Strategy'' and dated April 2014; and
                (ii) any recommendations for changes to that national
            strategy to improve its effectiveness; and
                (G)(i) an evaluation of coordination of response to, and
            suppression of, wildfires occurring on Federal, Tribal, State,
            and local land among Federal, Tribal, State, and local agencies
            with jurisdiction over that land; and
                (ii) any recommendations to improve the coordination
            described in clause (i).
            (2) Specific policy recommendations.--To the maximum extent
        practicable, the report described in paragraph (1) shall include
        detailed short- and long-term policy recommendations, including any
        recommendations for Federal legislation.
            (3) Interim reports.--Before the submission of the report under
        paragraph (1), on approval of all members of the Commission, the
        Commission may submit to the appropriate committees of Congress 1
        or more interim reports, as the Commission determines to be
        appropriate, relating to any matters described in paragraph (1).
        (b) Report on Aerial Wildland Firefighting Equipment Strategy and
    Inventory Assessment.--
            (1) Submission of inventory to the commission.--Not later than
        45 days after the date on which the Commission holds the first
        meeting of the Commission, the Secretary of Defense and the heads
        of other relevant Federal departments and agencies shall submit to
        the Commission an inventory of surplus cargo and passenger aircraft
        and excess common-use aircraft parts that may be used for wildland
        firefighting purposes, excluding any aircraft or aircraft parts
        that are--
                (A) reasonably anticipated to be necessary for military
            operations, readiness, or fleet management in the future; or
                (B) already obligated for purposes other than fighting
            wildland fires.
            (2) Submission of report to congress.--Not later than 90 days
        after the date on which the Commission receives the inventory
        described in paragraph (1), the Commission shall submit to the
        appropriate committees of Congress a report outlining a strategy to
        meet aerial firefighting equipment needs through 2030 in the most
        cost-effective manner, including--
                (A) an assessment of the expected number of aircraft and
            aircraft parts needed to fight wildland fires through 2030;
                (B) an assessment of existing authorities of the Secretary
            of Defense and the heads of other relevant Federal departments
            and agencies to provide or sell surplus aircraft or aircraft
            parts to Federal, State, or local authorities for wildland
            firefighting use, including--
                    (i) a description of the current use of each existing
                authority; and
                    (ii) a description of any additional authorities that
                are needed for the Secretary of Defense and the heads of
                other relevant Federal departments and agencies to provide
                or sell surplus aircraft or aircraft parts to Federal,
                State, or local authorities for wildland firefighting use;
                and
                (C) recommendations to ensure the availability of aircraft
            and aircraft parts that the Commission expects will be
            necessary to fight wildland fires through 2030 in the most
            cost-effective manner.
            (3) Considerations for accessing aircraft and aircraft parts.--
        In developing the strategy in the report required under paragraph
        (2) and the recommendations under paragraph (2)(C), the Commission
        shall consider all private and public sector options for accessing
        necessary aircraft and aircraft parts, including procurement,
        contracting, retrofitting, and public-private partnerships.
            (4) Unclassified report.--The inventory and report submitted
        under paragraphs (1) and (2), respectively--
                (A) shall be unclassified; but
                (B) may include a classified annex.
        (c) Majority Requirement.--Not less than \2/3\ of the members of
    the Commission shall approve the recommendations contained in each
    report submitted under subsection (a) or (b)(2).
    SEC. 70205. POWERS OF COMMISSION.
        (a) Hearings.--The Commission may hold such hearings, sit and act
    at such times and places, take such testimony, and receive such
    evidence as the Commission considers advisable to carry out this title.
        (b) Information From Federal Agencies.--
            (1) In general.--The Commission may secure directly from a
        Federal department or agency such information as the Commission
        considers necessary to carry out this title.
            (2) Furnishing information.--On request of the Chairpersons of
        the Commission, the head of the department or agency shall furnish
        the information to the Commission.
        (c) Postal Services.--The Commission may use the United States
    mails in the same manner and under the same conditions as other
    departments and agencies of the Federal Government.
        (d) Gifts.--The Commission may accept, use, and dispose of such
    gifts or donations of services or property as the Commission considers
    necessary to carry out this title.
    SEC. 70206. COMMISSION PERSONNEL MATTERS.
        (a) No Compensation.--A member of the Commission shall serve
    without compensation.
        (b) Travel Expenses.--A member of the Commission shall be allowed
    travel expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter 57
    of title 5, United States Code, while away from their homes or regular
    places of business in the performance of services for the Commission.
        (c) Staff.--
            (1) In general.--The Chairpersons of the Commission may,
        without regard to the civil service laws (including regulations),
        appoint and terminate an executive director and such other
        additional personnel as may be necessary to enable the Commission
        to perform its duties, except that the employment of an executive
        director shall be subject to confirmation by the Commission.
            (2) Compensation.--The Chairpersons of the Commission may fix
        the compensation of the executive director and other personnel
        without regard to chapter 51 and subchapter III of chapter 53 of
        title 5, United States Code, relating to classification of
        positions and General Schedule pay rates, except that the rate of
        pay for the executive director and other personnel may not exceed
        the rate payable for level V of the Executive Schedule under
        section 5316 of that title.
        (d) Detail of Government Employees.--A Federal Government employee
    may be detailed to the Commission without reimbursement, and such
    detail shall be without interruption or loss of civil service status or
    privilege.
        (e) Procurement of Temporary and Intermittent Services.--The
    Chairpersons of the Commission may procure temporary and intermittent
    services under section 3109(b) of title 5, United States Code, at rates
    for individuals that do not exceed the daily equivalent of the annual
    rate of basic pay prescribed for level V of the Executive Schedule
    under section 5316 of that title.
    SEC. 70207. TERMINATION OF COMMISSION.
        The Commission shall terminate on the date that is 180 days after
    the date on which the Commission has submitted the reports under
    subsections (a) and (b) of section 70204.

                            TITLE III--REFORESTATION

    SEC. 70301. SHORT TITLE.
        This title may be cited as the ``Repairing Existing Public Land by
    Adding Necessary Trees Act'' or the ``REPLANT Act''.
    SEC. 70302. REFORESTATION FOLLOWING WILDFIRES AND OTHER UNPLANNED
    EVENTS.
        (a) Forest and Rangeland Renewable Resources Planning Act of
    1974.--
            (1) National forest cover policy.--
                (A) In general.--Section 3 of the Forest and Rangeland
            Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is
            amended--
                    (i) by redesignating subsection (e) as subsection (f);
                    (ii) by redesignating the second subsection (d)
                (relating to the policy of Congress regarding forested land
                in the National Forest System) as subsection (e); and
                    (iii) in subsection (e) (as so redesignated)--

                        (I) in paragraph (2)--

                            (aa) in the first sentence--
                                (AA) by striking ``9 of this Act, the
                            Secretary shall annually for eight years
                            following the enactment of this subsection''
                            and inserting ``9, the Secretary shall,
                            annually during each of the 10 years beginning
                            after the date of enactment of the REPLANT
                            Act''; and
                                (BB) by striking ``eight-year'' and
                            inserting ``10-year'';
                            (bb) in the second sentence, by striking ``such
                        eight-year period'' and inserting ``the 10-year
                        period''; and
                            (cc) in the third sentence, by striking
                        ``1978'' and inserting ``2021'';

                        (II) in paragraph (3), in the first sentence, by
                    striking ``subsection (d)'' and inserting
                    ``subsection''; and
                        (III) by adding at the end the following:

            ``(4) Reforestation requirements.--
                ``(A) Definitions.--In this paragraph:
                    ``(i) Natural regeneration.--

                        ``(I) In general.--The term `natural regeneration'
                    means the establishment of a tree or tree age class
                    from natural seeding, sprouting, or suckering in
                    accordance with the management objectives of an
                    applicable land management plan.
                        ``(II) Inclusion.--The term `natural regeneration'
                    may include any site preparation activity to enhance
                    the success of regeneration to the desired species
                    composition and structure.

                    ``(ii) Priority land.--The term `priority land' means
                National Forest System land that, due to an unplanned
                event--

                        ``(I) does not meet the conditions for appropriate
                    forest cover described in paragraph (1);
                        ``(II) requires reforestation to meet the
                    objectives of an applicable land management plan; and
                        ``(III) is unlikely to experience natural
                    regeneration without assistance.

                    ``(iii) Reforestation.--The term `reforestation' means
                the act of renewing tree cover, taking into consideration
                species composition and resilience, by establishing young
                trees through--

                        ``(I) natural regeneration;
                        ``(II) natural regeneration with site preparation;
                    or
                        ``(III) planting or direct seeding.

                    ``(iv) Secretary.--The term `Secretary' means the
                Secretary, acting through the Chief of the Forest Service.
                    ``(v) Unplanned event.--

                        ``(I) In general.--The term `unplanned event' means
                    any unplanned disturbance that--

                            ``(aa) disrupts ecosystem or forest structure
                        or composition; or
                            ``(bb) changes resources, substrate
                        availability, or the physical environment.

                        ``(II) Inclusions.--The term `unplanned event' may
                    include--

                            ``(aa) a wildfire;
                            ``(bb) an infestation of insects or disease;
                            ``(cc) a weather event; and
                            ``(dd) animal damage.
                ``(B) Requirement.--Each reforestation activity under this
            section shall be carried out in accordance with applicable
            Forest Service management practices and definitions, including
            definitions relating to silvicultural practices and forest
            management.
                ``(C) Reforestation priority.--
                    ``(i) In general.--In carrying out this subsection, the
                Secretary shall give priority to projects on the priority
                list described in clause (ii).
                    ``(ii) Priority list.--

                        ``(I) In general.--The Secretary shall, based on
                    recommendations from regional foresters, create a
                    priority list of reforestation projects that--

                            ``(aa) primarily take place on priority land;
                            ``(bb) promote effective reforestation
                        following unplanned events; and
                            ``(cc) may include activities to ensure
                        adequate and appropriate seed availability.

                        ``(II) Ranking.--The Secretary shall rank projects
                    on the priority list under subclause (I) based on--

                            ``(aa) documentation of an effective
                        reforestation project plan;
                            ``(bb) the ability to measure the progress and
                        success of the project; and
                            ``(cc) the ability of a project to provide
                        benefits relating to forest function and health,
                        soil health and productivity, wildlife habitat,
                        improved air and water quality, carbon
                        sequestration potential, resilience, job creation,
                        and enhanced recreational opportunities.''.
                (B) Conforming amendment.--Section 9 of the Cooperative
            Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended, in
            the undesignated matter following paragraph (5) of subsection
            (g)--
                    (i) by striking ``section 3(d)'' and inserting
                ``subsection (e) of section 3''; and
                    (ii) by striking ``1601(d)'' and inserting ``1601''.
            (2) National forest system program elements.--Section 9 of the
        Forest and Rangeland Renewable Resources Planning Act of 1974 (16
        U.S.C. 1607) is amended, in the second sentence, by striking
        ``2000'' and inserting ``2030''.
        (b) Reforestation Trust Fund.--Section 303 of Public Law 96-451 (16
    U.S.C. 1606a) is amended--
            (1) in subsection (b)--
                (A) by striking paragraph (2);
                (B) in paragraph (3)--
                    (i) in the second sentence, by striking ``Proper
                adjustment'' and inserting the following:
            ``(3) Adjustment of estimates.--Proper adjustment''; and
                    (ii) by striking ``(3) The amounts'' and inserting the
                following:
            ``(2) Frequency.--The amounts''; and
                (C) by striking the subsection designation and all that
            follows through ``the Secretary'' in paragraph (1) and
            inserting the following:
        ``(b) Transfers to Trust Fund.--
            ``(1) In general.--The Secretary''; and
            (2) in subsection (d)(1)--
                (A) by striking ``section 3(d)'' and inserting ``subsection
            (e) of section 3''; and
                (B) by striking ``1601(d)'' and inserting ``1601''.
    SEC. 70303. REPORT.
        Not later than 1 year after the date of enactment of this Act, and
    annually thereafter, the Secretary of Agriculture shall submit to the
    Committee on Agriculture, Nutrition, and Forestry of the Senate and the
    Committee on Agriculture of the House of Representatives, and make
    publicly available on the website of the Forest Service, a report that
    describes, with respect to the preceding year--
            (1) an evaluation of the degree to which the Secretary has
        achieved compliance with the requirements contained in the
        amendments made by this title, including, as a result of those
        amendments, the number of acres covered by reforestation projects
        that follow unplanned events (such as wildfires);
            (2) the total number of acres of land reforested under each
        authority of the Secretary under which reforestation projects have
        been carried out;
            (3) the number of acres of National Forest System land affected
        by, and the substance of reforestation needs on that land resulting
        from, unplanned events; and
            (4) the number of acres in need of reforestation under
        subsection (e)(1) of section 3 of the Forest and Rangeland
        Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).

                         TITLE IV--RECYCLING PRACTICES

    SEC. 70401. BEST PRACTICES FOR BATTERY RECYCLING AND LABELING
    GUIDELINES.
        (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the
        Administrator of the Environmental Protection Agency.
            (2) Battery.--The term ``battery'' means a device that--
                (A) consists of 1 or more electrochemical cells that are
            electrically connected; and
                (B) is designed to store and deliver electric energy.
            (3) Recycling.--The term ``recycling'' means the series of
        activities--
                (A) during which recyclable materials are processed into
            specification-grade commodities, and consumed as raw-material
            feedstock, in lieu of virgin materials, in the manufacturing of
            new products;
                (B) that may include collection, processing, and brokering;
            and
                (C) that result in subsequent consumption by a materials
            manufacturer, including for the manufacturing of new products.
        (b) Best Practices for Collection of Batteries to Be Recycled.--
            (1) In general.--The Administrator shall develop best practices
        that may be implemented by State, Tribal, and local governments
        with respect to the collection of batteries to be recycled in a
        manner that--
                (A) to the maximum extent practicable, is technically and
            economically feasible for State, Tribal, and local governments;
                (B) is environmentally sound and safe for waste management
            workers; and
                (C) optimizes the value and use of material derived from
            recycling of batteries.
            (2) Consultation.--The Administrator shall develop the best
        practices described in paragraph (1) in coordination with State,
        Tribal, and local governments and relevant nongovernmental and
        private sector entities.
            (3) Report.--Not later than 2 years after the date of enactment
        of this Act, the Administrator shall submit to Congress a report
        describing the best practices developed under paragraph (1).
            (4) Authorization of appropriations.--There is authorized to be
        appropriated to the Administrator to carry out this subsection
        $10,000,000 for fiscal year 2022, to remain available until
        September 30, 2026.
        (c) Voluntary Labeling Guidelines.--
            (1) In general.--There is established within the Environmental
        Protection Agency a program (referred to in this subsection as the
        ``program'') to promote battery recycling through the development
        of--
                (A) voluntary labeling guidelines for batteries; and
                (B) other forms of communication materials for battery
            producers and consumers about the reuse and recycling of
            critical materials from batteries.
            (2) Purposes.--The purposes of the program are to improve
        battery collection and reduce battery waste, including by--
                (A) identifying battery collection locations and increasing
            accessibility to those locations;
                (B) promoting consumer education about battery collection
            and recycling; and
                (C) reducing safety concerns relating to the improper
            disposal of batteries.
            (3) Other standards and law.--The Administrator shall make
        every reasonable effort to ensure that voluntary labeling
        guidelines and other forms of communication materials developed
        under the program are consistent with--
                (A) international battery labeling standards; and
                (B) the Mercury-Containing and Rechargeable Battery
            Management Act (42 U.S.C. 14301 et seq.).
            (4) Authorization of appropriations.--There is authorized to be
        appropriated to the Administrator to carry out this subsection
        $15,000,000 for fiscal year 2022, to remain available until
        September 30, 2026.
    SEC. 70402. CONSUMER RECYCLING EDUCATION AND OUTREACH GRANT PROGRAM;
    FEDERAL PROCUREMENT.
        (a) Definition of Administrator.--In this section, the term
    ``Administrator'' means the Administrator of the Environmental
    Protection Agency.
        (b) Consumer Recycling Education and Outreach Grant Program.--
            (1) In general.--The Administrator shall establish a program
        (referred to in this subsection as the ``grant program'') to award
        competitive grants to eligible entities to improve the
        effectiveness of residential and community recycling programs
        through public education and outreach.
            (2) Criteria.--The Administrator shall award grants under the
        grant program for projects that, by using one or more eligible
        activities described in paragraph (5)--
                (A) inform the public about residential or community
            recycling programs;
                (B) provide information about the recycled materials that
            are accepted as part of a residential or community recycling
            program that provides for the separate collection of
            residential solid waste from recycled material; and
                (C) increase collection rates and decrease contamination in
            residential and community recycling programs.
            (3) Eligible entities.--
                (A) In general.--An entity that is eligible to receive a
            grant under the grant program is--
                    (i) a State;
                    (ii) a unit of local government;
                    (iii) an Indian Tribe (as defined in section 4 of the
                Indian Self-Determination and Education Assistance Act (25
                U.S.C. 5304));
                    (iv) a Native Hawaiian organization (as defined in
                section 6207 of the Elementary and Secondary Education Act
                of 1965 (20 U.S.C. 7517));
                    (v) the Department of Hawaiian Home Lands;
                    (vi) the Office of Hawaiian Affairs;
                    (vii) a nonprofit organization; or
                    (viii) a public-private partnership.
                (B) Coordination of activities.--2 or more entities
            described in subparagraph (A) may receive a grant under the
            grant program to coordinate the provision of information to
            residents that may access 2 or more residential recycling
            programs, including programs that accept different recycled
            materials, to provide to the residents information regarding
            differences among those residential recycling programs.
            (4) Requirement.--
                (A) In general.--To receive a grant under the grant
            program, an eligible entity shall demonstrate to the
            Administrator that the grant funds will be used to encourage
            the collection of recycled materials that are sold to an
            existing or developing market.
                (B) Business plans and financial data.--
                    (i) In general.--An eligible entity may make a
                demonstration under subparagraph (A) through the submission
                to the Administrator of appropriate business plans and
                financial data.
                    (ii) Confidentiality.--The Administrator shall treat
                any business plans or financial data received under clause
                (i) as confidential information.
            (5) Eligible activities.--An eligible entity that receives a
        grant under the grant program may use the grant funds for
        activities including--
                (A) public service announcements;
                (B) a door-to-door education and outreach campaign;
                (C) social media and digital outreach;
                (D) an advertising campaign on recycling awareness;
                (E) the development and dissemination of--
                    (i) a toolkit for a municipal and commercial recycling
                program;
                    (ii) information on the importance of quality in the
                recycling stream;
                    (iii) information on the economic and environmental
                benefits of recycling; and
                    (iv) information on what happens to materials after the
                materials are placed into a residential or community
                recycling program;
                (F) businesses recycling outreach;
                (G) bin, cart, and other receptacle labeling and signs; and
                (H) such other activities that the Administrator determines
            are appropriate to carry out the purposes of this subsection.
            (6) Prohibition on use of funds.--No funds may be awarded under
        the grant program for a residential recycling program that--
                (A) does not provide for the separate collection of
            residential solid waste (as defined in section 246.101 of title
            40, Code of Federal Regulations (as in effect on the date of
            enactment of this Act)) from recycled material (as defined in
            that section), unless the funds are used to promote a
            transition to a system that separately collects recycled
            materials; or
                (B) promotes the establishment of, or conversion to, a
            residential collection system that does not provide for the
            separate collection of residential solid waste from recycled
            material (as those terms are defined under subparagraph (A)).
            (7) Model recycling program toolkit.--
                (A) In general.--In carrying out the grant program, the
            Administrator, in consultation with other relevant Federal
            agencies, States, Indian Tribes, units of local government,
            nonprofit organizations, and the private sector, shall develop
            a model recycling program toolkit for States, Indian Tribes,
            and units of local government that includes, at a minimum--
                    (i) a standardized set of terms and examples that may
                be used to describe materials that are accepted by a
                residential recycling program;
                    (ii) information that the Administrator determines can
                be widely applied across residential recycling programs,
                taking into consideration the differences in recycled
                materials accepted by residential recycling programs;
                    (iii) educational principles on best practices for the
                collection and processing of recycled materials;
                    (iv) a community self-assessment guide to identify gaps
                in existing recycling programs;
                    (v) training modules that enable States and nonprofit
                organizations to provide technical assistance to units of
                local government;
                    (vi) access to consumer educational materials that
                States, Indian Tribes, and units of local government can
                adapt and use in recycling programs; and
                    (vii) a guide to measure the effectiveness of a grant
                received under the grant program, including standardized
                measurements for recycling rates and decreases in
                contamination.
                (B) Requirement.--In developing the standardized set of
            terms and examples under subparagraph (A)(i), the Administrator
            may not establish any requirements for--
                    (i) what materials shall be accepted by a residential
                recycling program; or
                    (ii) the labeling of products.
            (8) School curriculum.--The Administrator shall provide
        assistance to the educational community, including nonprofit
        organizations, such as an organization the science, technology,
        engineering, and mathematics program of which incorporates
        recycling, to promote the introduction of recycling principles and
        best practices into public school curricula.
            (9) Reports.--
                (A) To the administrator.--Not earlier than 180 days, and
            not later than 2 years, after the date on which a grant under
            the grant program is awarded to an eligible entity, the
            eligible entity shall submit to the Administrator a report
            describing, by using the guide developed under paragraph
            (7)(A)(vii)--
                    (i) the change in volume of recycled material collected
                through the activities funded with the grant;
                    (ii) the change in participation rate of the recycling
                program funded with the grant;
                    (iii) the reduction of contamination in the recycling
                stream as a result of the activities funded with the grant;
                and
                    (iv) such other information as the Administrator
                determines to be appropriate.
                (B) To congress.--The Administrator shall submit to
            Congress an annual report describing--
                    (i) the effectiveness of residential recycling programs
                awarded funds under the grant program, including statistics
                comparing the quantity and quality of recycled materials
                collected by those programs, as described in the reports
                submitted to the Administrator under subparagraph (A); and
                    (ii) recommendations on additional actions to improve
                residential recycling.
        (c) Federal Procurement.--Section 6002 of the Solid Waste Disposal
    Act (42 U.S.C. 6962) is amended--
            (1) in subsection (e), in the matter preceding paragraph (1),
        by striking ``and from time to time, revise'' and inserting
        ``review not less frequently than once every 5 years, and, if
        appropriate, revise, in consultation with recyclers and
        manufacturers of products containing recycled content, not later
        than 2 years after the completion of the initial review after the
        date of enactment of the Infrastructure Investment and Jobs Act and
        thereafter, as appropriate''; and
            (2) by adding at the end the following:
        ``(j) Consultation and Provision of Information by Administrator.--
    The Administrator shall--
            ``(1) consult with each procuring agency, including contractors
        of the procuring agency, to clarify the responsibilities of the
        procuring agency under this section; and
            ``(2) provide to each procuring agency information on the
        requirements under this section and the responsibilities of the
        procuring agency under this section.
        ``(k) Reports.--The Administrator, in consultation with the
    Administrator of General Services, shall submit to Congress an annual
    report describing--
            ``(1) the quantity of federally procured recycled products
        listed in the guidelines under subsection (e); and
            ``(2) with respect to the products described in paragraph (1),
        the percentage of recycled material in each product.''.
        (d) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to the
        Administrator to carry out this section and the amendments made by
        this section $15,000,000 for each of fiscal years 2022 through
        2026.
            (2) Requirement.--Of the amount made available under paragraph
        (1) for a fiscal year, not less than 20 percent shall be allocated
        to--
                (A) low-income communities;
                (B) rural communities; and
                (C) communities identified as Native American pursuant to
            section 2(9) of the Native American Graves Protection and
            Repatriation Act (25 U.S.C. 3001(9)).

                       TITLE V--BIOPRODUCT PILOT PROGRAM

    SEC. 70501. PILOT PROGRAM ON USE OF AGRICULTURAL COMMODITIES IN
    CONSTRUCTION AND CONSUMER PRODUCTS.
        (a) Definitions.--In this section:
            (1) Construction product.--The term ``construction product''
        means any article, or component part thereof, produced or
        distributed for use during the construction, maintenance, or
        preservation of a highway, road, street, bridge, building, dam,
        port, or airport construction project.
            (2) Consumer product.--The term ``consumer product'' means--
                (A) any article, or component part thereof, produced or
            distributed--
                    (i) for sale to a consumer for use in or around a
                permanent or temporary household or residence, a school, in
                recreation, or otherwise; or
                    (ii) for the personal use, consumption or enjoyment of
                a consumer in or around a permanent or temporary household
                or residence, a school, in recreation, or otherwise; and
                (B) any product or product category described in
            subparagraphs (A) through (I) of section 3(a)(5) of the
            Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).
            (3) Covered agricultural commodity.--The term ``covered
        agricultural commodity'' means any agricultural commodity, food,
        feed, fiber, livestock, oil, or a derivative thereof, that the
        Secretary determines to have been used in the production of
        materials that have demonstrated market viability and benefits (as
        described in paragraphs (1) through (7) of subsection (b)) as of
        the date of enactment of this Act.
            (4) Qualified institution.--The term ``qualified institution''
        means a bioproducts research facility that--
                (A) is funded, in part, by a State;
                (B) is located within a reasonable distance, not to exceed
            3 miles, of the primary residence hall of an institution of
            higher education (as defined in section 101(a) of the Higher
            Education Act of 1965 (20 U.S.C. 1001(a)));
                (C) provides students opportunities to engage in research
            activities; and
                (D) provides opportunities for an institution of higher
            education (as defined in section 101(a) of the Higher Education
            Act of 1965 (20 U.S.C. 1001(a))) to collaborate with private
            enterprise.
            (5) Secretary.--The term ``Secretary'' means the Secretary of
        Agriculture.
        (b) Establishment.--The Secretary shall carry out a pilot program
    under which the Secretary shall partner with not less than 1 qualified
    institution to study the benefits of using materials derived from
    covered agricultural commodities in the production of construction
    products and consumer products, including--
            (1) cost savings relative to other commonly used alternative
        materials;
            (2) greenhouse gas emission reductions and other environmental
        benefits relative to other commonly used alternative materials;
            (3) life-cycle and longevity-extending characteristics relative
        to other commonly used alternative materials;
            (4) life-cycle and longevity-reducing characteristics relative
        to other commonly used alternative materials;
            (5) landfill quantity and waste management cost reductions;
            (6) product development and production scale-up; and
            (7) any other benefits that the Secretary determines to be
        appropriate.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $2,000,000 for
    each of fiscal years 2022 through 2023.

                            TITLE VI--CYBERSECURITY
                  Subtitle A--Cyber Response and Recovery Act

    SEC. 70601. SHORT TITLE.
        This subtitle may be cited as the ``Cyber Response and Recovery
    Act''.
    SEC. 70602. DECLARATION OF A SIGNIFICANT INCIDENT.
        (a) In General.--Title XXII of the Homeland Security Act of 2002 (6
    U.S.C. 651 et seq.) is amended by adding at the end the following:

              ``Subtitle C--Declaration of a Significant Incident

    ``SEC. 2231. SENSE OF CONGRESS.
        ``It is the sense of Congress that--
            ``(1) the purpose of this subtitle is to authorize the
        Secretary to declare that a significant incident has occurred and
        to establish the authorities that are provided under the
        declaration to respond to and recover from the significant
        incident; and
            ``(2) the authorities established under this subtitle are
        intended to enable the Secretary to provide voluntary assistance to
        non-Federal entities impacted by a significant incident.
    ``SEC. 2232. DEFINITIONS.
        ``For the purposes of this subtitle:
            ``(1) Asset response activity.--The term `asset response
        activity' means an activity to support an entity impacted by an
        incident with the response to, remediation of, or recovery from,
        the incident, including--
                ``(A) furnishing technical and advisory assistance to the
            entity to protect the assets of the entity, mitigate
            vulnerabilities, and reduce the related impacts;
                ``(B) assessing potential risks to the critical
            infrastructure sector or geographic region impacted by the
            incident, including potential cascading effects of the incident
            on other critical infrastructure sectors or geographic regions;
                ``(C) developing courses of action to mitigate the risks
            assessed under subparagraph (B);
                ``(D) facilitating information sharing and operational
            coordination with entities performing threat response
            activities; and
                ``(E) providing guidance on how best to use Federal
            resources and capabilities in a timely, effective manner to
            speed recovery from the incident.
            ``(2) Declaration.--The term `declaration' means a declaration
        of the Secretary under section 2233(a)(1).
            ``(3) Director.--The term `Director' means the Director of the
        Cybersecurity and Infrastructure Security Agency.
            ``(4) Federal agency.--The term `Federal agency' has the
        meaning given the term `agency' in section 3502 of title 44, United
        States Code.
            ``(5) Fund.--The term `Fund' means the Cyber Response and
        Recovery Fund established under section 2234(a).
            ``(6) Incident.--The term `incident' has the meaning given the
        term in section 3552 of title 44, United States Code.
            ``(7) Renewal.--The term `renewal' means a renewal of a
        declaration under section 2233(d).
            ``(8) Significant incident.--The term `significant incident'--
                ``(A) means an incident or a group of related incidents
            that results, or is likely to result, in demonstrable harm to--
                    ``(i) the national security interests, foreign
                relations, or economy of the United States; or
                    ``(ii) the public confidence, civil liberties, or
                public health and safety of the people of the United
                States; and
                ``(B) does not include an incident or a portion of a group
            of related incidents that occurs on--
                    ``(i) a national security system (as defined in section
                3552 of title 44, United States Code); or
                    ``(ii) an information system described in paragraph (2)
                or (3) of section 3553(e) of title 44, United States Code.
    ``SEC. 2233. DECLARATION.
        ``(a) In General.--
            ``(1) Declaration.--The Secretary, in consultation with the
        National Cyber Director, may make a declaration of a significant
        incident in accordance with this section for the purpose of
        enabling the activities described in this subtitle if the Secretary
        determines that--
                ``(A) a specific significant incident--
                    ``(i) has occurred; or
                    ``(ii) is likely to occur imminently; and
                ``(B) otherwise available resources, other than the Fund,
            are likely insufficient to respond effectively to, or to
            mitigate effectively, the specific significant incident
            described in subparagraph (A).
            ``(2) Prohibition on delegation.--The Secretary may not
        delegate the authority provided to the Secretary under paragraph
        (1).
        ``(b) Asset Response Activities.--Upon a declaration, the Director
    shall coordinate--
            ``(1) the asset response activities of each Federal agency in
        response to the specific significant incident associated with the
        declaration; and
            ``(2) with appropriate entities, which may include--
                ``(A) public and private entities and State and local
            governments with respect to the asset response activities of
            those entities and governments; and
                ``(B) Federal, State, local, and Tribal law enforcement
            agencies with respect to investigations and threat response
            activities of those law enforcement agencies; and
            ``(3) Federal, State, local, and Tribal emergency management
        and response agencies.
        ``(c) Duration.--Subject to subsection (d), a declaration shall
    terminate upon the earlier of--
            ``(1) a determination by the Secretary that the declaration is
        no longer necessary; or
            ``(2) the expiration of the 120-day period beginning on the
        date on which the Secretary makes the declaration.
        ``(d) Renewal.--The Secretary, without delegation, may renew a
    declaration as necessary.
        ``(e) Publication.--
            ``(1) In general.--Not later than 72 hours after a declaration
        or a renewal, the Secretary shall publish the declaration or
        renewal in the Federal Register.
            ``(2) Prohibition.--A declaration or renewal published under
        paragraph (1) may not include the name of any affected individual
        or private company.
        ``(f) Advance Actions.--
            ``(1) In general.--The Secretary--
                ``(A) shall assess the resources available to respond to a
            potential declaration; and
                ``(B) may take actions before and while a declaration is in
            effect to arrange or procure additional resources for asset
            response activities or technical assistance the Secretary
            determines necessary, which may include entering into standby
            contracts with private entities for cybersecurity services or
            incident responders in the event of a declaration.
            ``(2) Expenditure of funds.--Any expenditure from the Fund for
        the purpose of paragraph (1)(B) shall be made from amounts
        available in the Fund, and amounts available in the Fund shall be
        in addition to any other appropriations available to the
        Cybersecurity and Infrastructure Security Agency for such purpose.
    ``SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.
        ``(a) In General.--There is established a Cyber Response and
    Recovery Fund, which shall be available for--
            ``(1) the coordination of activities described in section
        2233(b);
            ``(2) response and recovery support for the specific
        significant incident associated with a declaration to Federal,
        State, local, and Tribal, entities and public and private entities
        on a reimbursable or non-reimbursable basis, including through
        asset response activities and technical assistance, such as--
                ``(A) vulnerability assessments and mitigation;
                ``(B) technical incident mitigation;
                ``(C) malware analysis;
                ``(D) analytic support;
                ``(E) threat detection and hunting; and
                ``(F) network protections;
            ``(3) as the Director determines appropriate, grants for, or
        cooperative agreements with, Federal, State, local, and Tribal
        public and private entities to respond to, and recover from, the
        specific significant incident associated with a declaration, such
        as--
                ``(A) hardware or software to replace, update, improve,
            harden, or enhance the functionality of existing hardware,
            software, or systems; and
                ``(B) technical contract personnel support; and
            ``(4) advance actions taken by the Secretary under section
        2233(f)(1)(B).
        ``(b) Deposits and Expenditures.--
            ``(1) In general.--Amounts shall be deposited into the Fund
        from--
                ``(A) appropriations to the Fund for activities of the
            Fund; and
                ``(B) reimbursement from Federal agencies for the
            activities described in paragraphs (1), (2), and (4) of
            subsection (a), which shall only be from amounts made available
            in advance in appropriations Acts for such reimbursement.
            ``(2) Expenditures.--Any expenditure from the Fund for the
        purposes of this subtitle shall be made from amounts available in
        the Fund from a deposit described in paragraph (1), and amounts
        available in the Fund shall be in addition to any other
        appropriations available to the Cybersecurity and Infrastructure
        Security Agency for such purposes.
        ``(c) Supplement Not Supplant.--Amounts in the Fund shall be used
    to supplement, not supplant, other Federal, State, local, or Tribal
    funding for activities in response to a declaration.
        ``(d) Reporting.--The Secretary shall require an entity that
    receives amounts from the Fund to submit a report to the Secretary that
    details the specific use of the amounts.
    ``SEC. 2235. NOTIFICATION AND REPORTING.
        ``(a) Notification.--Upon a declaration or renewal, the Secretary
    shall immediately notify the National Cyber Director and appropriate
    congressional committees and include in the notification--
            ``(1) an estimation of the planned duration of the declaration;
            ``(2) with respect to a notification of a declaration, the
        reason for the declaration, including information relating to the
        specific significant incident or imminent specific significant
        incident, including--
                ``(A) the operational or mission impact or anticipated
            impact of the specific significant incident on Federal and non-
            Federal entities;
                ``(B) if known, the perpetrator of the specific significant
            incident; and
                ``(C) the scope of the Federal and non-Federal entities
            impacted or anticipated to be impacted by the specific
            significant incident;
            ``(3) with respect to a notification of a renewal, the reason
        for the renewal;
            ``(4) justification as to why available resources, other than
        the Fund, are insufficient to respond to or mitigate the specific
        significant incident; and
            ``(5) a description of the coordination activities described in
        section 2233(b) that the Secretary anticipates the Director to
        perform.
        ``(b) Report to Congress.--Not later than 180 days after the date
    of a declaration or renewal, the Secretary shall submit to the
    appropriate congressional committees a report that includes--
            ``(1) the reason for the declaration or renewal, including
        information and intelligence relating to the specific significant
        incident that led to the declaration or renewal;
            ``(2) the use of any funds from the Fund for the purpose of
        responding to the incident or threat described in paragraph (1);
            ``(3) a description of the actions, initiatives, and projects
        undertaken by the Department and State and local governments and
        public and private entities in responding to and recovering from
        the specific significant incident described in paragraph (1);
            ``(4) an accounting of the specific obligations and outlays of
        the Fund; and
            ``(5) an analysis of--
                ``(A) the impact of the specific significant incident
            described in paragraph (1) on Federal and non-Federal entities;
                ``(B) the impact of the declaration or renewal on the
            response to, and recovery from, the specific significant
            incident described in paragraph (1); and
                ``(C) the impact of the funds made available from the Fund
            as a result of the declaration or renewal on the recovery from,
            and response to, the specific significant incident described in
            paragraph (1).
        ``(c) Classification.--Each notification made under subsection (a)
    and each report submitted under subsection (b)--
            ``(1) shall be in an unclassified form with appropriate
        markings to indicate information that is exempt from disclosure
        under section 552 of title 5, United States Code (commonly known as
        the `Freedom of Information Act'); and
            ``(2) may include a classified annex.
        ``(d) Consolidated Report.--The Secretary shall not be required to
    submit multiple reports under subsection (b) for multiple declarations
    or renewals if the Secretary determines that the declarations or
    renewals substantively relate to the same specific significant
    incident.
        ``(e) Exemption.--The requirements of subchapter I of chapter 35 of
    title 44 (commonly known as the `Paperwork Reduction Act') shall not
    apply to the voluntary collection of information by the Department
    during an investigation of, a response to, or an immediate post-
    response review of, the specific significant incident leading to a
    declaration or renewal.
    ``SEC. 2236. RULE OF CONSTRUCTION.
        ``Nothing in this subtitle shall be construed to impair or limit
    the ability of the Director to carry out the authorized activities of
    the Cybersecurity and Infrastructure Security Agency.
    ``SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.
        ``There are authorized to be appropriated to the Fund $20,000,000
    for fiscal year 2022 and each fiscal year thereafter until September
    30, 2028, which shall remain available until September 30, 2028.
    ``SEC. 2238. SUNSET.
        ``The authorities granted to the Secretary or the Director under
    this subtitle shall expire on the date that is 7 years after the date
    of enactment of this subtitle.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135)
    is amended by adding at the end the following:

               ``Subtitle C--Declaration of a Significant Incident

    ``Sec. 2231. Sense of congress.
    ``Sec. 2232. Definitions.
    ``Sec. 2233. Declaration.
    ``Sec. 2234. Cyber response and recovery fund.
    ``Sec. 2235. Notification and reporting.
    ``Sec. 2236. Rule of construction.
    ``Sec. 2237. Authorization of appropriations.
    ``Sec. 2238. Sunset.''.

           Subtitle B--State and Local Cybersecurity Improvement Act

    SEC. 70611. SHORT TITLE.
        This subtitle may be cited as the ``State and Local Cybersecurity
    Improvement Act''.
    SEC. 70612. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
        (a) In General.--Subtitle A of title XXII of the Homeland Security
    Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the
    following:
    ``SEC. 2218. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term
        `appropriate committees of Congress' means--
                ``(A) the Committee on Homeland Security and Governmental
            Affairs of the Senate; and
                ``(B) the Committee on Homeland Security of the House of
            Representatives.
            ``(2) Cyber threat indicator.--The term `cyber threat
        indicator' has the meaning given the term in section 102 of the
        Cybersecurity Act of 2015 (6 U.S.C. 1501).
            ``(3) Cybersecurity plan.--The term `Cybersecurity Plan' means
        a plan submitted by an eligible entity under subsection (e)(1).
            ``(4) Eligible entity.--The term `eligible entity' means a--
                ``(A) State; or
                ``(B) Tribal government.
            ``(5) Incident.--The term `incident' has the meaning given the
        term in section 2209.
            ``(6) Information sharing and analysis organization.--The term
        `information sharing and analysis organization' has the meaning
        given the term in section 2222.
            ``(7) Information system.--The term `information system' has
        the meaning given the term in section 102 of the Cybersecurity Act
        of 2015 (6 U.S.C. 1501).
            ``(8) Multi-entity group.--The term `multi-entity group' means
        a group of 2 or more eligible entities desiring a grant under this
        section.
            ``(9) Online service.--The term `online service' means any
        internet-facing service, including a website, email, virtual
        private network, or custom application.
            ``(10) Rural area.--The term `rural area' has the meaning given
        the term in section 5302 of title 49, United States Code.
            ``(11) State and local cybersecurity grant program.--The term
        `State and Local Cybersecurity Grant Program' means the program
        established under subsection (b).
            ``(12) Tribal government.--The term `Tribal government' means
        the recognized governing body of any Indian or Alaska Native Tribe,
        band, nation, pueblo, village, community, component band, or
        component reservation, that is individually identified (including
        parenthetically) in the most recent list published pursuant to
        Section 104 of the Federally Recognized Indian Tribe List Act of
        1994 (25 U.S.C. 5131).
        ``(b) Establishment.--
            ``(1) In general.--There is established within the Department a
        program to award grants to eligible entities to address
        cybersecurity risks and cybersecurity threats to information
        systems owned or operated by, or on behalf of, State, local, or
        Tribal governments.
            ``(2) Application.--An eligible entity desiring a grant under
        the State and Local Cybersecurity Grant Program shall submit to the
        Secretary an application at such time, in such manner, and
        containing such information as the Secretary may require.
        ``(c) Administration.--The State and Local Cybersecurity Grant
    Program shall be administered in the same office of the Department that
    administers grants made under sections 2003 and 2004.
        ``(d) Use of Funds.--An eligible entity that receives a grant under
    this section and a local government that receives funds from a grant
    under this section, as appropriate, shall use the grant to--
            ``(1) implement the Cybersecurity Plan of the eligible entity;
            ``(2) develop or revise the Cybersecurity Plan of the eligible
        entity;
            ``(3) pay expenses directly relating to the administration of
        the grant, which shall not exceed 5 percent of the amount of the
        grant;
            ``(4) assist with activities that address imminent
        cybersecurity threats, as confirmed by the Secretary, acting
        through the Director, to the information systems owned or operated
        by, or on behalf of, the eligible entity or a local government
        within the jurisdiction of the eligible entity; or
            ``(5) fund any other appropriate activity determined by the
        Secretary, acting through the Director.
        ``(e) Cybersecurity Plans.--
            ``(1) In general.--An eligible entity applying for a grant
        under this section shall submit to the Secretary a Cybersecurity
        Plan for review in accordance with subsection (i).
            ``(2) Required elements.--A Cybersecurity Plan of an eligible
        entity shall--
                ``(A) incorporate, to the extent practicable--
                    ``(i) any existing plans of the eligible entity to
                protect against cybersecurity risks and cybersecurity
                threats to information systems owned or operated by, or on
                behalf of, State, local, or Tribal governments; and
                    ``(ii) if the eligible entity is a State, consultation
                and feedback from local governments and associations of
                local governments within the jurisdiction of the eligible
                entity;
                ``(B) describe, to the extent practicable, how the eligible
            entity will--
                    ``(i) manage, monitor, and track information systems,
                applications, and user accounts owned or operated by, or on
                behalf of, the eligible entity or, if the eligible entity
                is a State, local governments within the jurisdiction of
                the eligible entity, and the information technology
                deployed on those information systems, including legacy
                information systems and information technology that are no
                longer supported by the manufacturer of the systems or
                technology;
                    ``(ii) monitor, audit, and, track network traffic and
                activity transiting or traveling to or from information
                systems, applications, and user accounts owned or operated
                by, or on behalf of, the eligible entity or, if the
                eligible entity is a State, local governments within the
                jurisdiction of the eligible entity;
                    ``(iii) enhance the preparation, response, and
                resiliency of information systems, applications, and user
                accounts owned or operated by, or on behalf of, the
                eligible entity or, if the eligible entity is a State,
                local governments within the jurisdiction of the eligible
                entity, against cybersecurity risks and cybersecurity
                threats;
                    ``(iv) implement a process of continuous cybersecurity
                vulnerability assessments and threat mitigation practices
                prioritized by degree of risk to address cybersecurity
                risks and cybersecurity threats on information systems,
                applications, and user accounts owned or operated by, or on
                behalf of, the eligible entity or, if the eligible entity
                is a State, local governments within the jurisdiction of
                the eligible entity;
                    ``(v) ensure that the eligible entity and, if the
                eligible entity is a State, local governments within the
                jurisdiction of the eligible entity, adopt and use best
                practices and methodologies to enhance cybersecurity, such
                as--

                        ``(I) the practices set forth in the cybersecurity
                    framework developed by the National Institute of
                    Standards and Technology;
                        ``(II) cyber chain supply chain risk management
                    best practices identified by the National Institute of
                    Standards and Technology; and
                        ``(III) knowledge bases of adversary tools and
                    tactics;

                    ``(vi) promote the delivery of safe, recognizable, and
                trustworthy online services by the eligible entity and, if
                the eligible entity is a State, local governments within
                the jurisdiction of the eligible entity, including through
                the use of the .gov internet domain;
                    ``(vii) ensure continuity of operations of the eligible
                entity and, if the eligible entity is a State, local
                governments within the jurisdiction of the eligible entity,
                in the event of a cybersecurity incident, including by
                conducting exercises to practice responding to a
                cybersecurity incident;
                    ``(viii) use the National Initiative for Cybersecurity
                Education Workforce Framework for Cybersecurity developed
                by the National Institute of Standards and Technology to
                identify and mitigate any gaps in the cybersecurity
                workforces of the eligible entity and, if the eligible
                entity is a State, local governments within the
                jurisdiction of the eligible entity, enhance recruitment
                and retention efforts for those workforces, and bolster the
                knowledge, skills, and abilities of personnel of the
                eligible entity and, if the eligible entity is a State,
                local governments within the jurisdiction of the eligible
                entity, to address cybersecurity risks and cybersecurity
                threats, such as through cybersecurity hygiene training;
                    ``(ix) if the eligible entity is a State, ensure
                continuity of communications and data networks within the
                jurisdiction of the eligible entity between the eligible
                entity and local governments within the jurisdiction of the
                eligible entity in the event of an incident involving those
                communications or data networks;
                    ``(x) assess and mitigate, to the greatest degree
                possible, cybersecurity risks and cybersecurity threats
                relating to critical infrastructure and key resources, the
                degradation of which may impact the performance of
                information systems within the jurisdiction of the eligible
                entity;
                    ``(xi) enhance capabilities to share cyber threat
                indicators and related information between the eligible
                entity and--

                        ``(I) if the eligible entity is a State, local
                    governments within the jurisdiction of the eligible
                    entity, including by expanding information sharing
                    agreements with the Department; and
                        ``(II) the Department;

                    ``(xii) leverage cybersecurity services offered by the
                Department;
                    ``(xiii) implement an information technology and
                operational technology modernization cybersecurity review
                process that ensures alignment between information
                technology and operational technology cybersecurity
                objectives;
                    ``(xiv) develop and coordinate strategies to address
                cybersecurity risks and cybersecurity threats in
                consultation with--

                        ``(I) if the eligible entity is a State, local
                    governments and associations of local governments
                    within the jurisdiction of the eligible entity; and
                        ``(II) as applicable--

                            ``(aa) eligible entities that neighbor the
                        jurisdiction of the eligible entity or, as
                        appropriate, members of an information sharing and
                        analysis organization; and
                            ``(bb) countries that neighbor the jurisdiction
                        of the eligible entity;
                    ``(xv) ensure adequate access to, and participation in,
                the services and programs described in this subparagraph by
                rural areas within the jurisdiction of the eligible entity;
                and
                    ``(xvi) distribute funds, items, services,
                capabilities, or activities to local governments under
                subsection (n)(2)(A), including the fraction of that
                distribution the eligible entity plans to distribute to
                rural areas under subsection (n)(2)(B);
                ``(C) assess the capabilities of the eligible entity
            relating to the actions described in subparagraph (B);
                ``(D) describe, as appropriate and to the extent
            practicable, the individual responsibilities of the eligible
            entity and local governments within the jurisdiction of the
            eligible entity in implementing the plan;
                ``(E) outline, to the extent practicable, the necessary
            resources and a timeline for implementing the plan; and
                ``(F) describe the metrics the eligible entity will use to
            measure progress towards--
                    ``(i) implementing the plan; and
                    ``(ii) reducing cybersecurity risks to, and
                identifying, responding to, and recovering from
                cybersecurity threats to, information systems owned or
                operated by, or on behalf of, the eligible entity or, if
                the eligible entity is a State, local governments within
                the jurisdiction of the eligible entity.
            ``(3) Discretionary elements.--In drafting a Cybersecurity
        Plan, an eligible entity may--
                ``(A) consult with the Multi-State Information Sharing and
            Analysis Center;
                ``(B) include a description of cooperative programs
            developed by groups of local governments within the
            jurisdiction of the eligible entity to address cybersecurity
            risks and cybersecurity threats; and
                ``(C) include a description of programs provided by the
            eligible entity to support local governments and owners and
            operators of critical infrastructure to address cybersecurity
            risks and cybersecurity threats.
        ``(f) Multi-entity Grants.--
            ``(1) In general.--The Secretary may award grants under this
        section to a multi-entity group to support multi-entity efforts to
        address cybersecurity risks and cybersecurity threats to
        information systems within the jurisdictions of the eligible
        entities that comprise the multi-entity group.
            ``(2) Satisfaction of other requirements.--In order to be
        eligible for a multi-entity grant under this subsection, each
        eligible entity that comprises a multi-entity group shall have--
                ``(A) a Cybersecurity Plan that has been reviewed by the
            Secretary in accordance with subsection (i); and
                ``(B) a cybersecurity planning committee established in
            accordance with subsection (g).
            ``(3) Application.--
                ``(A) In general.--A multi-entity group applying for a
            multi-entity grant under paragraph (1) shall submit to the
            Secretary an application at such time, in such manner, and
            containing such information as the Secretary may require.
                ``(B) Multi-entity project plan.--An application for a
            grant under this section of a multi-entity group under
            subparagraph (A) shall include a plan describing--
                    ``(i) the division of responsibilities among the
                eligible entities that comprise the multi-entity group;
                    ``(ii) the distribution of funding from the grant among
                the eligible entities that comprise the multi-entity group;
                and
                    ``(iii) how the eligible entities that comprise the
                multi-entity group will work together to implement the
                Cybersecurity Plan of each of those eligible entities.
        ``(g) Planning Committees.--
            ``(1) In general.--An eligible entity that receives a grant
        under this section shall establish a cybersecurity planning
        committee to--
                ``(A) assist with the development, implementation, and
            revision of the Cybersecurity Plan of the eligible entity;
                ``(B) approve the Cybersecurity Plan of the eligible
            entity; and
                ``(C) assist with the determination of effective funding
            priorities for a grant under this section in accordance with
            subsections (d) and (j).
            ``(2) Composition.--A committee of an eligible entity
        established under paragraph (1) shall--
                ``(A) be comprised of representatives from--
                    ``(i) the eligible entity;
                    ``(ii) if the eligible entity is a State, counties,
                cities, and towns within the jurisdiction of the eligible
                entity; and
                    ``(iii) institutions of public education and health
                within the jurisdiction of the eligible entity; and
                ``(B) include, as appropriate, representatives of rural,
            suburban, and high-population jurisdictions.
            ``(3) Cybersecurity expertise.--Not less than one-half of the
        representatives of a committee established under paragraph (1)
        shall have professional experience relating to cybersecurity or
        information technology.
            ``(4) Rule of construction regarding existing planning
        committees.--Nothing in this subsection shall be construed to
        require an eligible entity to establish a cybersecurity planning
        committee if the eligible entity has established and uses a
        multijurisdictional planning committee or commission that--
                ``(A) meets the requirements of this subsection; or
                ``(B) may be expanded or leveraged to meet the requirements
            of this subsection, including through the formation of a
            cybersecurity planning subcommittee.
            ``(5) Rule of construction regarding control of information
        systems of eligible entities.--Nothing in this subsection shall be
        construed to permit a cybersecurity planning committee of an
        eligible entity that meets the requirements of this subsection to
        make decisions relating to information systems owned or operated
        by, or on behalf of, the eligible entity.
        ``(h) Special Rule for Tribal Governments.--With respect to any
    requirement under subsection (e) or (g), the Secretary, in consultation
    with the Secretary of the Interior and Tribal governments, may
    prescribe an alternative substantively similar requirement for Tribal
    governments if the Secretary finds that the alternative requirement is
    necessary for the effective delivery and administration of grants to
    Tribal governments under this section.
        ``(i) Review of Plans.--
            ``(1) Review as condition of grant.--
                ``(A) In general.--Subject to paragraph (3), before an
            eligible entity may receive a grant under this section, the
            Secretary, acting through the Director, shall--
                    ``(i) review the Cybersecurity Plan of the eligible
                entity, including any revised Cybersecurity Plans of the
                eligible entity; and
                    ``(ii) determine that the Cybersecurity Plan reviewed
                under clause (i) satisfies the requirements under paragraph
                (2).
                ``(B) Duration of determination.--In the case of a
            determination under subparagraph (A)(ii) that a Cybersecurity
            Plan satisfies the requirements under paragraph (2), the
            determination shall be effective for the 2-year period
            beginning on the date of the determination.
                ``(C) Annual renewal.--Not later than 2 years after the
            date on which the Secretary determines under subparagraph
            (A)(ii) that a Cybersecurity Plan satisfies the requirements
            under paragraph (2), and annually thereafter, the Secretary,
            acting through the Director, shall--
                    ``(i) determine whether the Cybersecurity Plan and any
                revisions continue to meet the criteria described in
                paragraph (2); and
                    ``(ii) renew the determination if the Secretary, acting
                through the Director, makes a positive determination under
                clause (i).
            ``(2) Plan requirements.--In reviewing a Cybersecurity Plan of
        an eligible entity under this subsection, the Secretary, acting
        through the Director, shall ensure that the Cybersecurity Plan--
                ``(A) satisfies the requirements of subsection (e)(2); and
                ``(B) has been approved by--
                    ``(i) the cybersecurity planning committee of the
                eligible entity established under subsection (g); and
                    ``(ii) the Chief Information Officer, the Chief
                Information Security Officer, or an equivalent official of
                the eligible entity.
            ``(3) Exception.--Notwithstanding subsection (e) and paragraph
        (1) of this subsection, the Secretary may award a grant under this
        section to an eligible entity that does not submit a Cybersecurity
        Plan to the Secretary for review before September 30, 2023, if the
        eligible entity certifies to the Secretary that--
                ``(A) the activities that will be supported by the grant
            are--
                    ``(i) integral to the development of the Cybersecurity
                Plan of the eligible entity; or
                    ``(ii) necessary to assist with activities described in
                subsection (d)(4), as confirmed by the Director; and
                ``(B) the eligible entity will submit to the Secretary a
            Cybersecurity Plan for review under this subsection by
            September 30, 2023.
            ``(4) Rule of construction.--Nothing in this subsection shall
        be construed to provide authority to the Secretary to--
                ``(A) regulate the manner by which an eligible entity or
            local government improves the cybersecurity of the information
            systems owned or operated by, or on behalf of, the eligible
            entity or local government; or
                ``(B) condition the receipt of grants under this section
            on--
                    ``(i) participation in a particular Federal program; or
                    ``(ii) the use of a specific product or technology.
        ``(j) Limitations on Uses of Funds.--
            ``(1) In general.--Any entity that receives funds from a grant
        under this section may not use the grant--
                ``(A) to supplant State or local funds;
                ``(B) for any recipient cost-sharing contribution;
                ``(C) to pay a ransom;
                ``(D) for recreational or social purposes; or
                ``(E) for any purpose that does not address cybersecurity
            risks or cybersecurity threats on information systems owned or
            operated by, or on behalf of, the eligible entity that receives
            the grant or a local government within the jurisdiction of the
            eligible entity.
            ``(2) Compliance oversight.--In addition to any other remedy
        available, the Secretary may take such actions as are necessary to
        ensure that a recipient of a grant under this section uses the
        grant for the purposes for which the grant is awarded.
            ``(3) Rule of construction.--Nothing in paragraph (1)(A) shall
        be construed to prohibit the use of funds from a grant under this
        section awarded to a State, local, or Tribal government for
        otherwise permissible uses under this section on the basis that the
        State, local, or Tribal government has previously used State,
        local, or Tribal funds to support the same or similar uses.
        ``(k) Opportunity to Amend Applications.--In considering
    applications for grants under this section, the Secretary shall provide
    applicants with a reasonable opportunity to correct any defects in
    those applications before making final awards, including by allowing
    applicants to revise a submitted Cybersecurity Plan.
        ``(l) Apportionment.--For fiscal year 2022 and each fiscal year
    thereafter, the Secretary shall apportion amounts appropriated to carry
    out this section among eligible entities as follows:
            ``(1) Baseline amount.--The Secretary shall first apportion--
                ``(A) 0.25 percent of such amounts to each of American
            Samoa, the Commonwealth of the Northern Mariana Islands, Guam,
            and the United States Virgin Islands;
                ``(B) 1 percent of such amounts to each of the remaining
            States; and
                ``(C) 3 percent of such amounts to Tribal governments.
            ``(2) Remainder.--The Secretary shall apportion the remainder
        of such amounts to States as follows:
                ``(A) 50 percent of such remainder in the ratio that the
            population of each State, bears to the population of all
            States; and
                ``(B) 50 percent of such remainder in the ratio that the
            population of each State that resides in rural areas, bears to
            the population of all States that resides in rural areas.
            ``(3) Apportionment among tribal governments.--In determining
        how to apportion amounts to Tribal governments under paragraph
        (1)(C), the Secretary shall consult with the Secretary of the
        Interior and Tribal governments.
            ``(4) Multi-entity grants.--An amount received from a multi-
        entity grant awarded under subsection (f)(1) by a State or Tribal
        government that is a member of the multi-entity group shall qualify
        as an apportionment for the purpose of this subsection.
        ``(m) Federal Share.--
            ``(1) In general.--The Federal share of the cost of an activity
        carried out using funds made available with a grant under this
        section may not exceed--
                ``(A) in the case of a grant to an eligible entity--
                    ``(i) for fiscal year 2022, 90 percent;
                    ``(ii) for fiscal year 2023, 80 percent;
                    ``(iii) for fiscal year 2024, 70 percent; and
                    ``(iv) for fiscal year 2025, 60 percent; and
                ``(B) in the case of a grant to a multi-entity group--
                    ``(i) for fiscal year 2022, 100 percent;
                    ``(ii) for fiscal year 2023, 90 percent;
                    ``(iii) for fiscal year 2024, 80 percent; and
                    ``(iv) for fiscal year 2025, 70 percent.
            ``(2) Waiver.--
                ``(A) In general.--The Secretary may waive or modify the
            requirements of paragraph (1) if an eligible entity or multi-
            entity group demonstrates economic hardship.
                ``(B) Guidelines.--The Secretary shall establish and
            publish guidelines for determining what constitutes economic
            hardship for the purposes of this subsection.
                ``(C) Considerations.--In developing guidelines under
            subparagraph (B), the Secretary shall consider, with respect to
            the jurisdiction of an eligible entity--
                    ``(i) changes in rates of unemployment in the
                jurisdiction from previous years;
                    ``(ii) changes in the percentage of individuals who are
                eligible to receive benefits under the supplemental
                nutrition assistance program established under the Food and
                Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) from previous
                years; and
                    ``(iii) any other factors the Secretary considers
                appropriate.
            ``(3) Waiver for tribal governments.--Notwithstanding paragraph
        (2), the Secretary, in consultation with the Secretary of the
        Interior and Tribal governments, may waive or modify the
        requirements of paragraph (1) for 1 or more Tribal governments if
        the Secretary determines that the waiver is in the public interest.
        ``(n) Responsibilities of Grantees.--
            ``(1) Certification.--Each eligible entity or multi-entity
        group that receives a grant under this section shall certify to the
        Secretary that the grant will be used--
                ``(A) for the purpose for which the grant is awarded; and
                ``(B) in compliance with subsections (d) and (j).
            ``(2) Availability of funds to local governments and rural
        areas.--
                ``(A) In general.--Subject to subparagraph (C), not later
            than 45 days after the date on which an eligible entity or
            multi-entity group receives a grant under this section, the
            eligible entity or multi-entity group shall, without imposing
            unreasonable or unduly burdensome requirements as a condition
            of receipt, obligate or otherwise make available to local
            governments within the jurisdiction of the eligible entity or
            the eligible entities that comprise the multi-entity group,
            consistent with the Cybersecurity Plan of the eligible entity
            or the Cybersecurity Plans of the eligible entities that
            comprise the multi-entity group--
                    ``(i) not less than 80 percent of funds available under
                the grant;
                    ``(ii) with the consent of the local governments,
                items, services, capabilities, or activities having a value
                of not less than 80 percent of the amount of the grant; or
                    ``(iii) with the consent of the local governments,
                grant funds combined with other items, services,
                capabilities, or activities having the total value of not
                less than 80 percent of the amount of the grant.
                ``(B) Availability to rural areas.--In obligating funds,
            items, services, capabilities, or activities to local
            governments under subparagraph (A), the eligible entity or
            eligible entities that comprise the multi-entity group shall
            ensure that rural areas within the jurisdiction of the eligible
            entity or the eligible entities that comprise the multi-entity
            group receive not less than--
                    ``(i) 25 percent of the amount of the grant awarded to
                the eligible entity;
                    ``(ii) items, services, capabilities, or activities
                having a value of not less than 25 percent of the amount of
                the grant awarded to the eligible entity; or
                    ``(iii) grant funds combined with other items,
                services, capabilities, or activities having the total
                value of not less than 25 percent of the grant awarded to
                the eligible entity.
                ``(C) Exceptions.--This paragraph shall not apply to--
                    ``(i) any grant awarded under this section that solely
                supports activities that are integral to the development or
                revision of the Cybersecurity Plan of the eligible entity;
                or
                    ``(ii) the District of Columbia, the Commonwealth of
                Puerto Rico, American Samoa, the Commonwealth of the
                Northern Mariana Islands, Guam, the United States Virgin
                Islands, or a Tribal government.
            ``(3) Certifications regarding distribution of grant funds to
        local governments.--An eligible entity or multi-entity group shall
        certify to the Secretary that the eligible entity or multi-entity
        group has made the distribution to local governments required under
        paragraph (2).
            ``(4) Extension of period.--
                ``(A) In general.--An eligible entity or multi-entity group
            may request in writing that the Secretary extend the period of
            time specified in paragraph (2) for an additional period of
            time.
                ``(B) Approval.--The Secretary may approve a request for an
            extension under subparagraph (A) if the Secretary determines
            the extension is necessary to ensure that the obligation and
            expenditure of grant funds align with the purpose of the State
            and Local Cybersecurity Grant Program.
            ``(5) Direct funding.--If an eligible entity does not make a
        distribution to a local government required under paragraph (2) in
        a timely fashion, the local government may petition the Secretary
        to request the Secretary to provide funds directly to the local
        government.
            ``(6) Limitation on construction.--A grant awarded under this
        section may not be used to acquire land or to construct, remodel,
        or perform alterations of buildings or other physical facilities.
            ``(7) Consultation in allocating funds.--An eligible entity
        applying for a grant under this section shall agree to consult the
        Chief Information Officer, the Chief Information Security Officer,
        or an equivalent official of the eligible entity in allocating
        funds from a grant awarded under this section.
            ``(8) Penalties.--In addition to other remedies available to
        the Secretary, if an eligible entity violates a requirement of this
        subsection, the Secretary may--
                ``(A) terminate or reduce the amount of a grant awarded
            under this section to the eligible entity; or
                ``(B) distribute grant funds previously awarded to the
            eligible entity--
                    ``(i) in the case of an eligible entity that is a
                State, directly to the appropriate local government as a
                replacement grant in an amount determined by the Secretary;
                or
                    ``(ii) in the case of an eligible entity that is a
                Tribal government, to another Tribal government or Tribal
                governments as a replacement grant in an amount determined
                by the Secretary.
        ``(o) Consultation With State, Local, and Tribal Representatives.--
    In carrying out this section, the Secretary shall consult with State,
    local, and Tribal representatives with professional experience relating
    to cybersecurity, including representatives of associations
    representing State, local, and Tribal governments, to inform--
            ``(1) guidance for applicants for grants under this section,
        including guidance for Cybersecurity Plans;
            ``(2) the study of risk-based formulas required under
        subsection (q)(4);
            ``(3) the development of guidelines required under subsection
        (m)(2)(B); and
            ``(4) any modifications described in subsection (q)(2)(D).
        ``(p) Notification to Congress.--Not later than 3 business days
    before the date on which the Department announces the award of a grant
    to an eligible entity under this section, including an announcement to
    the eligible entity, the Secretary shall provide to the appropriate
    committees of Congress notice of the announcement.
        ``(q) Reports, Study, and Review.--
            ``(1) Annual reports by grant recipients.--
                ``(A) In general.--Not later than 1 year after the date on
            which an eligible entity receives a grant under this section
            for the purpose of implementing the Cybersecurity Plan of the
            eligible entity, including an eligible entity that comprises a
            multi-entity group that receives a grant for that purpose, and
            annually thereafter until 1 year after the date on which funds
            from the grant are expended or returned, the eligible entity
            shall submit to the Secretary a report that, using the metrics
            described in the Cybersecurity Plan of the eligible entity,
            describes the progress of the eligible entity in--
                    ``(i) implementing the Cybersecurity Plan of the
                eligible entity; and
                    ``(ii) reducing cybersecurity risks to, and
                identifying, responding to, and recovering from
                cybersecurity threats to, information systems owned or
                operated by, or on behalf of, the eligible entity or, if
                the eligible entity is a State, local governments within
                the jurisdiction of the eligible entity.
                ``(B) Absence of plan.--Not later than 1 year after the
            date on which an eligible entity that does not have a
            Cybersecurity Plan receives funds under this section, and
            annually thereafter until 1 year after the date on which funds
            from the grant are expended or returned, the eligible entity
            shall submit to the Secretary a report describing how the
            eligible entity obligated and expended grant funds to--
                    ``(i) develop or revise a Cybersecurity Plan; or
                    ``(ii) assist with the activities described in
                subsection (d)(4).
            ``(2) Annual reports to congress.--Not less frequently than
        annually, the Secretary, acting through the Director, shall submit
        to Congress a report on--
                ``(A) the use of grants awarded under this section;
                ``(B) the proportion of grants used to support
            cybersecurity in rural areas;
                ``(C) the effectiveness of the State and Local
            Cybersecurity Grant Program;
                ``(D) any necessary modifications to the State and Local
            Cybersecurity Grant Program; and
                ``(E) any progress made toward--
                    ``(i) developing, implementing, or revising
                Cybersecurity Plans; and
                    ``(ii) reducing cybersecurity risks to, and
                identifying, responding to, and recovering from
                cybersecurity threats to, information systems owned or
                operated by, or on behalf of, State, local, or Tribal
                governments as a result of the award of grants under this
                section.
            ``(3) Public availability.--
                ``(A) In general.--The Secretary, acting through the
            Director, shall make each report submitted under paragraph (2)
            publicly available, including by making each report available
            on the website of the Agency.
                ``(B) Redactions.--In making each report publicly available
            under subparagraph (A), the Director may make redactions that
            the Director, in consultation with each eligible entity,
            determines necessary to protect classified or other information
            exempt from disclosure under section 552 of title 5, United
            States Code (commonly referred to as the `Freedom of
            Information Act').
            ``(4) Study of risk-based formulas.--
                ``(A) In general.--Not later than September 30, 2024, the
            Secretary, acting through the Director, shall submit to the
            appropriate committees of Congress a study and legislative
            recommendations on the potential use of a risk-based formula
            for apportioning funds under this section, including--
                    ``(i) potential components that could be included in a
                risk-based formula, including the potential impact of those
                components on support for rural areas under this section;
                    ``(ii) potential sources of data and information
                necessary for the implementation of a risk-based formula;
                    ``(iii) any obstacles to implementing a risk-based
                formula, including obstacles that require a legislative
                solution;
                    ``(iv) if a risk-based formula were to be implemented
                for fiscal year 2026, a recommended risk-based formula for
                the State and Local Cybersecurity Grant Program; and
                    ``(v) any other information that the Secretary, acting
                through the Director, determines necessary to help Congress
                understand the progress towards, and obstacles to,
                implementing a risk-based formula.
                ``(B) Inapplicability of paperwork reduction act.--The
            requirements of chapter 35 of title 44, United States Code
            (commonly referred to as the `Paperwork Reduction Act'), shall
            not apply to any action taken to carry out this paragraph.
            ``(5) Tribal cybersecurity needs report.--Not later than 2
        years after the date of enactment of this section, the Secretary,
        acting through the Director, shall submit to Congress a report
        that--
                ``(A) describes the cybersecurity needs of Tribal
            governments, which shall be determined in consultation with the
            Secretary of the Interior and Tribal governments; and
                ``(B) includes any recommendations for addressing the
            cybersecurity needs of Tribal governments, including any
            necessary modifications to the State and Local Cybersecurity
            Grant Program to better serve Tribal governments.
            ``(6) GAO review.--Not later than 3 years after the date of
        enactment of this section, the Comptroller General of the United
        States shall conduct a review of the State and Local Cybersecurity
        Grant Program, including--
                ``(A) the grant selection process of the Secretary; and
                ``(B) a sample of grants awarded under this section.
        ``(r) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated for
        activities under this section--
                ``(A) for fiscal year 2022, $200,000,000;
                ``(B) for fiscal year 2023, $400,000,000;
                ``(C) for fiscal year 2024, $300,000,000; and
                ``(D) for fiscal year 2025, $100,000,000.
            ``(2) Transfers authorized.--
                ``(A) In general.--During a fiscal year, the Secretary or
            the head of any component of the Department that administers
            the State and Local Cybersecurity Grant Program may transfer
            not more than 5 percent of the amounts appropriated pursuant to
            paragraph (1) or other amounts appropriated to carry out the
            State and Local Cybersecurity Grant Program for that fiscal
            year to an account of the Department for salaries, expenses,
            and other administrative costs incurred for the management,
            administration, or evaluation of this section.
                ``(B) Additional appropriations.--Any funds transferred
            under subparagraph (A) shall be in addition to any funds
            appropriated to the Department or the components described in
            subparagraph (A) for salaries, expenses, and other
            administrative costs.
        ``(s) Termination.--
            ``(1) In general.--Subject to paragraph (2), the requirements
        of this section shall terminate on September 30, 2025.
            ``(2) Exception.--The reporting requirements under subsection
        (q) shall terminate on the date that is 1 year after the date on
        which the final funds from a grant under this section are expended
        or returned.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135),
    is amended by inserting after the item relating to section 2217 the
    following:
    ``Sec. 2218. State and Local Cybersecurity Grant Program.''.

                     TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

    SEC. 70701. VALUE FOR MONEY ANALYSIS.
        (a) In General.--Notwithstanding any other provision of law, in the
    case of a project described in subsection (b), the entity carrying out
    the project shall, during the planning and project development process
    and prior to signing any Project Development Agreement, conduct a value
    for money analysis or comparable analysis of the project, which shall
    include an evaluation of--
            (1) the life-cycle cost and project delivery schedule;
            (2) the costs of using public funding versus private financing
        for the project;
            (3) a description of the key assumptions made in developing the
        analysis, including--
                (A) an analysis of any Federal grants or loans and
            subsidies received or expected (including tax depreciation
            costs);
                (B) the key terms of the proposed public-private
            partnership agreement, if applicable (including the expected
            rate of return for private debt and equity), and major
            compensation events;
                (C) a discussion of the benefits and costs associated with
            the allocation of risk;
                (D) the determination of risk premiums assigned to various
            project delivery scenarios;
                (E) assumptions about use, demand, and any user fee revenue
            generated by the project; and
                (F) any externality benefits for the public generated by
            the project;
            (4) a forecast of user fees and other revenues expected to be
        generated by the project, if applicable; and
            (5) any other information the Secretary of Transportation
        determines to be appropriate.
        (b) Project Described.--A project referred to in subsection (a) is
    a transportation project--
            (1) with an estimated total cost of more than $750,000,000;
            (2) carried out--
                (A) by a public entity that is a State, territory, Indian
            Tribe, unit of local government, transit agency, port
            authority, metropolitan planning organization, airport
            authority, or other political subdivision of a State or local
            government; and
                (B) in a State in which there is in effect a State law
            authorizing the use and implementation of public-private
            partnerships for transportation projects; and
            (3)(A) that intends to submit a letter of interest, or has
        submitted a letter of interest after the date of enactment of this
        Act, to be carried out with--
                (i) assistance under the TIFIA program under chapter 6 of
            title 23, United States Code; or
                (ii) assistance under the Railroad Rehabilitation and
            Improvement Financing Program of the Federal Railroad
            Administration established under chapter 224 of title 49,
            United States Code; and
            (B) that is anticipated to generate user fees or other revenues
        that could support the capital and operating costs of such project.
        (c) Reporting Requirements.--
            (1) Project reports.--For each project described in subsection
        (b), the entity carrying out the project shall--
                (A) include the results of the analysis under subsection
            (a) on the website of the project; and
                (B) submit the results of the analysis to the Build America
            Bureau and the Secretary of Transportation.
            (2) Report to congress.--The Secretary of Transportation, in
        coordination with the Build America Bureau, shall, not later than 2
        years after the date of enactment of this Act--
                (A) compile the analyses submitted under paragraph (1)(B);
            and
                (B) submit to Congress a report that--
                    (i) includes the analyses submitted under paragraph
                (1)(B);
                    (ii) describes--

                        (I) the use of private financing for projects
                    described in subsection (b); and
                        (II) the costs and benefits of conducting a value
                    for money analysis; and

                    (iii) identifies best practices for private financing
                of projects described in subsection (b).
        (d) Guidance.--The Secretary of Transportation, in coordination
    with the Build America Bureau, shall issue guidance on performance
    benchmarks, risk premiums, and expected rates of return on private
    financing for projects described in subsection (b).

                   TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

    SEC. 70801. FEDERAL PERMITTING IMPROVEMENT.
        (a) Definitions.--Section 41001 of the FAST Act (42 U.S.C. 4370m)
    is amended--
            (1) in paragraph (3), by inserting ``and any interagency
        consultation'' after ``issued by an agency'';
            (2) in paragraph (4), by striking ``means'' and all that
        follows through the period at the end of subparagraph (B) and
        inserting ``has the meaning given the term in section 1508.1 of
        title 40, Code of Federal Regulations (or successor
        regulations).'';
            (3) in paragraph (5), by striking ``Federal Infrastructure
        Permitting Improvement Steering Council'' and inserting ``Federal
        Permitting Improvement Steering Council'';
            (4) in paragraph (6)(A)--
                (A) in clause (ii), by striking ``or'' at the end;
                (B) by redesignating clause (iii) as clause (iv); and
                (C) by inserting after clause (ii) the following:
                    ``(iii) is--

                        ``(I) subject to NEPA;
                        ``(II) sponsored by an Indian Tribe (as defined in
                    section 4 of the Indian Self-Determination and
                    Education Assistance Act (25 U.S.C. 5304)), an Alaska
                    Native Corporation, a Native Hawaiian organization (as
                    defined in section 6207 of the Elementary and Secondary
                    Education Act of 1965 (20 U.S.C. 7517)), the Department
                    of Hawaiian Home Lands, or the Office of Hawaiian
                    Affairs; and
                        ``(III) located on land owned or under the
                    jurisdiction of the entity that sponsors the activity
                    under subclause (II); or''; and

            (5) in paragraph (8), by striking ``means'' and all that
        follows through the period at the end and inserting ``has the
        meaning given the term in section 1508.1 of title 40, Code of
        Federal Regulations (or successor regulations).''.
        (b) Federal Permitting Improvement Steering Council.--Section 41002
    of the FAST Act (42 U.S.C. 4370m-1) is amended--
            (1) in the section heading, by striking ``federal permitting
        improvement council'' and inserting ``federal permitting
        improvement steering council'';
            (2) in subsection (b)(2)(A)--
                (A) in clause (i)--
                    (i) by striking ``Each'' and inserting the following:

                        ``(I) In general.--Each''; and

                    (ii) by adding at the end the following:

                        ``(II) Redesignation.--If an individual listed in
                    subparagraph (B) designates a different member to serve
                    on the Council than the member designated under
                    subclause (I), the individual shall notify the
                    Executive Director of the designation by not later than
                    30 days after the date on which the designation is
                    made.''; and

                (B) in clause (iii)(II), by striking ``a deputy secretary
            (or the equivalent) or higher'' and inserting ``the applicable
            agency councilmember'';
            (3) in subsection (c)--
                (A) in paragraph (1)(C)(ii)--
                    (i) by striking subclause (I) and inserting the
                following:

                        ``(I) In general.--The performance schedules shall
                    reflect employment of the most sound and efficient
                    applicable processes, including the alignment of
                    Federal reviews of projects, reduction of permitting
                    and project delivery time, and consideration of the
                    best practices for public participation.'';

                    (ii) by redesignating subclause (II) as subclause
                (III);
                    (iii) by inserting after subclause (I) the following:

                        ``(II) Goal.--

                            ``(aa) In general.--To the maximum extent
                        practicable, and consistent with applicable Federal
                        law, the Executive Director, in consultation with
                        the Council, shall aim to develop recommended
                        performance schedules under clause (i) of not more
                        than 2 years.
                            ``(bb) Exception.--If a recommended performance
                        schedule developed under clause (i) exceeds 2
                        years, the relevant agencies, in consultation with
                        the Executive Director and the Council, shall
                        explain in that recommended performance schedule
                        the factors that cause the environmental reviews
                        and authorizations in that category of covered
                        projects to take longer than 2 years.''; and
                    (iv) in subclause (III)(bb) (as so redesignated), by
                striking ``on the basis of data from the preceding 2
                calendar years'' and inserting ``based on relevant
                historical data, as determined by the Executive
                Director,'';
                (B) in paragraph (2)(B)--
                    (i) in the matter preceding clause (i), by striking
                ``later than'' and all that follows through ``practices
                for'' and inserting ``less frequently than annually, the
                Council shall issue recommendations on the best practices
                for improving the Federal permitting process for covered
                projects, which may include'';
                    (ii) in clause (i)--

                        (I) by striking ``stakeholder engagement, including
                    fully considering'' and inserting ``stakeholder
                    engagement, including--
                        ``(II) fully considering''; and
                        (II) by inserting before subclause (II) (as added
                    by subclause (I)) the following:
                        ``(I) engaging with Native American stakeholders to
                    ensure that project sponsors and agencies identify
                    potential natural, archeological, and cultural
                    resources and locations of historic and religious
                    significance in the area of a covered project; and'';

                    (iii) in clause (vii), by striking ``and'' at the end;
                    (iv) by redesignating clause (viii) as clause (x); and
                    (v) by inserting after clause (vii) the following:
                    ``(viii) in coordination with the Executive Director,
                improving preliminary engagement with project sponsors in
                developing coordinated project plans;
                    ``(ix) using programmatic assessments, templates, and
                other tools based on the best available science and data;
                and''; and
                (C) in paragraph (3)(A), by inserting ``, including agency
            compliance with intermediate and final completion dates
            described in coordinated project plans'' after
            ``authorizations''; and
            (4) by striking subsection (d).
        (c) Permitting Process Improvement.--Section 41003 of the FAST Act
    (42 U.S.C. 4370m-2) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by adding at the end the following:
                ``(D) Confidentiality.--Any information relating to Native
            American natural, cultural, and historical resources submitted
            in a notice by a project sponsor under subparagraph (A) shall
            be--
                    ``(i) kept confidential; and
                    ``(ii) exempt from the disclosure requirements under
                section 552 of title 5, United States Code (commonly known
                as the `Freedom of Information Act'), and the Federal
                Advisory Committee Act (5 U.S.C. App.).'';
                (B) in paragraph (2)--
                    (i) in subparagraph (A), in the matter preceding clause
                (i), by striking ``45 days'' and inserting ``21 calendar
                days''; and
                    (ii) in subparagraph (B), by inserting ``14 calendar
                day'' before ``deadline''; and
                (C) in paragraph (3)(A), in the matter preceding clause
            (i), by inserting ``and the Executive Director'' after ``as
            applicable,'';
            (2) in subsection (b)--
                (A) in paragraph (2)(A), by adding at the end the
            following:
                    ``(iii) Projects other than covered projects.--

                        ``(I) In general.--The Executive Director may
                    direct a lead agency to create a specific entry on the
                    Dashboard for a project that is not a covered project
                    and is under review by the lead agency if the Executive
                    Director determines that a Dashboard entry for that
                    project is in the interest of transparency.
                        ``(II) Requirements.--Not later than 14 days after
                    the date on which the Executive Director directs the
                    lead agency to create a specific entry on the Dashboard
                    for a project described in subclause (I), the lead
                    agency shall create and maintain a specific entry on
                    the Dashboard for the project that contains--

                            ``(aa) a comprehensive permitting timetable, as
                        described in subsection (c)(2)(A);
                            ``(bb) the status of the compliance of each
                        lead agency, cooperating agency, and participating
                        agency with the permitting timetable required under
                        item (aa);
                            ``(cc) any modifications of the permitting
                        timetable required under item (aa), including an
                        explanation as to why the permitting timetable was
                        modified; and
                            ``(dd) information about project-related public
                        meetings, public hearings, and public comment
                        periods, which shall be presented in English and
                        the predominant language of the community or
                        communities most affected by the project, as that
                        information becomes available.''; and
                (B) in paragraph (3)(A)--
                    (i) in clause (i)--

                        (I) in subclause (IV), by striking ``and'' at the
                    end;
                        (II) by redesignating subclause (V) as subclause
                    (VI);
                        (III) by inserting after subclause (IV) the
                    following:
                        ``(V) information on the status of mitigation
                    measures that were agreed to as part of the
                    environmental review and permitting process, including
                    whether and when the mitigation measures have been
                    fully implemented; and''; and
                        (IV) in subclause (VI) (as so redesignated), by
                    striking ``and'' at the end;

                    (ii) in clause (ii), by striking the period at the end
                and inserting ``; and''; and
                    (iii) by adding at the end the following:
                    ``(iii) information about project-related public
                meetings, public hearings, and public comment periods,
                which shall be presented in English and the predominant
                language of the community or communities most affected by
                the project, as that information becomes available.''; and
            (3) in subsection (c)(2)--
                (A) in subparagraph (A), strike ``coordination'' and insert
            ``coordinated'';
                (B) in subparagraph (D)(i)--
                    (i) by redesignating subclauses (I) through (III) as
                subclauses (II) through (IV), respectively;
                    (ii) by inserting before subclause (II) (as so
                redesignated) the following:

                        ``(I) the facilitating or lead agency, as
                    applicable, consults with the Executive Director
                    regarding the potential modification not less than 15
                    days before engaging in the consultation under
                    subclause (II);''; and

                    (iii) in subclause (II) (as so redesignated), by
                inserting ``, the Executive Director,'' after
                ``participating agencies''; and
                (C) in subparagraph (F)--
                    (i) in clause (i)--

                        (I) by inserting ``intermediate and final'' before
                    ``completion dates''; and
                        (II) by inserting ``intermediate or final'' before
                    ``completion date''; and

                    (ii) in clause (ii)--

                        (I) in the matter preceding subclause (I), by
                    striking ``a completion date for agency action on a
                    covered project or is at significant risk of failing to
                    conform with'' and inserting ``an intermediate or final
                    completion date for agency action on a covered project
                    or reasonably believes the agency will fail to conform
                    with a completion date 30 days before''; and
                        (II) in subclause (I), by striking ``significantly
                    risking failing to conform'' and inserting ``reasonably
                    believing the agency will fail to conform''.

        (d) Coordination of Required Reviews.--Section 41005 of the FAST
    Act (42 U.S.C. 4370m-4) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by striking ``and'' at the end;
                (B) in paragraph (2), by striking the period at the end and
            inserting ``; and''; and
                (C) by adding at the end the following:
            ``(3) where an environmental impact statement is required for a
        project, prepare a single, joint interagency environmental impact
        statement for the project unless the lead agency provides
        justification in the coordinated project plan that multiple
        environmental documents are more efficient for project review and
        authorization.'';
            (2) in subsection (b)--
                (A) by striking ``(1) State environmental documents;
            supplemental documents.--'';
                (B) by redesignating subparagraphs (A) through (E) as
            paragraphs (1) through (5), respectively, and indenting
            appropriately;
                (C) in paragraph (1) (as so redesignated)--
                    (i) by redesignating clauses (i) and (ii) as
                subparagraphs (A) and (B), respectively, and indenting
                appropriately; and
                    (ii) in subparagraph (A) (as so redesignated)--

                        (I) by striking ``State laws and procedures'' and
                    inserting ``the laws and procedures of a State or
                    Indian Tribe (as defined in section 102 of the
                    Federally Recognized Indian Tribe List Act of 1994 (25
                    U.S.C. 5130))''; and
                        (II) by inserting ``developed pursuant to laws and
                    procedures of that State or Indian Tribe (as so
                    defined) that are of equal or greater rigor to each
                    applicable Federal law and procedure, and'' after
                    ``Council on Environmental Quality,'';

                (D) in paragraph (2) (as so redesignated), by striking
            ``subparagraph (A)'' each place it appears and inserting
            ``paragraph (1)'';
                (E) in paragraph (3) (as so redesignated)--
                    (i) in the matter preceding clause (i), by striking
                ``subparagraph (A)'' and inserting ``paragraph (1)''; and
                    (ii) by redesignating clauses (i) and (ii) as
                subparagraphs (A) and (B), respectively, and indenting
                appropriately;
                (F) in paragraph (4) (as so redesignated)--
                    (i) in the matter preceding clause (i), by striking
                ``subparagraph (C)'' and inserting ``paragraph (3)''; and
                    (ii) by redesignating clauses (i) and (ii) as
                subparagraphs (A) and (B), respectively, and indenting
                appropriately; and
                (G) in paragraph (5) (as so redesignated)--
                    (i) by striking ``subparagraph (A)'' and inserting
                ``paragraph (1)''; and
                    (ii) by striking ``subparagraph (C)'' and inserting
                ``paragraph (3)'';
            (3) in subsection (c)(4)--
                (A) in the matter preceding subparagraph (A), by striking
            ``determines that the development of the higher level of detail
            will not prevent--'' and inserting ``determines that--'';
                (B) in subparagraph (A), by inserting ``the development of
            the higher level of detail will not prevent'' before ``the lead
            agency''; and
                (C) by striking subparagraph (B) and inserting the
            following:
                ``(B) the preferred and other alternatives are developed in
            sufficient detail to enable the public to comment on the
            alternatives.'';
            (4) by redesignating subsection (f) as subsection (g); and
            (5) by inserting after subsection (e) the following:
        ``(f) Record of Decision.--When an environmental impact statement
    is prepared, Federal agencies must, to the maximum extent practicable,
    issue a record of decision not later than 90 days after the date on
    which the final environmental impact statement is issued.''.
        (e) Litigation, Judicial Review, and Savings Provision.--Section
    41007 of the FAST Act (42 U.S.C. 4370m-6) is amended--
            (1) in subsection (a)(1)--
                (A) in subparagraph (A)--
                    (i) by striking ``the action'' and inserting ``the
                claim''; and
                    (ii) by striking ``of the final record of decision or
                approval or denial of a permit'' and inserting ``of notice
                of final agency action on the authorization''; and
                (B) in subparagraph (B)(i), by striking ``the action'' and
            inserting ``the claim''; and
            (2) in subsection (e), in the matter preceding paragraph (1),
        by striking ``this section'' and inserting ``this title''.
        (f) Reports.--Section 41008 of the FAST Act (42 U.S.C. 4370m-7) is
    amended by striking subsection (a) and inserting the following:
        ``(a) Reports to Congress.--
            ``(1) Executive director annual report.--
                ``(A) In general.--Not later than April 15 of each year for
            10 years beginning on the date of enactment of the
            Infrastructure Investment and Jobs Act, the Executive Director
            shall submit to Congress a report detailing the progress
            accomplished under this title during the previous fiscal year.
                ``(B) Opportunity to include comments.--Each councilmember,
            with input from the respective agency CERPO, shall have the
            opportunity to include comments concerning the performance of
            the agency in the report described in subparagraph (A).
            ``(2) Quarterly agency performance report.--The Executive
        Director shall submit to Congress a quarterly report evaluating
        agency compliance with the provisions of this title, which shall
        include a description of the implementation and adherence of each
        agency to the coordinated project plan and permitting timetable
        requirements under section 41003(c).
            ``(3) Agency best practices report.--Not later than April 15 of
        each year, each participating agency and lead agency shall submit
        to Congress and the Director of the Office of Management and Budget
        a report assessing the performance of the agency in implementing
        the best practices described in section 41002(c)(2)(B).''.
        (g) Funding for Governance, Oversight, and Processing of
    Environmental Reviews and Permits.--Section 41009 of the FAST Act (42
    U.S.C. 4370m-8) is amended--
            (1) by striking subsection (a) and inserting the following:
        ``(a) In General.--For the purpose of carrying out this title, the
    Executive Director, in consultation with the heads of the agencies
    listed in section 41002(b)(2)(B) and with the guidance of the Director
    of the Office of Management and Budget, may, after public notice and
    opportunity for comment, issue regulations establishing a fee structure
    for sponsors of covered projects to reimburse the United States for
    reasonable costs incurred in conducting environmental reviews and
    authorizations for covered projects.'';
            (2) in subsection (b), by striking ``and 41003'' and inserting
        ``through 41008''; and
            (3) in subsection (d)--
                (A) in the subsection heading, by striking ``and
            Permitting''; and
                (B) by striking paragraphs (2) and (3) and inserting the
            following:
            ``(2) Availability.--Amounts in the Fund shall be available to
        the Executive Director, without fiscal year limitation, solely for
        the purposes of administering, implementing, and enforcing this
        title, including the expenses of the Council, staffing of the
        Office of the Executive Director, and support of the role of the
        Council as a Federal center for permitting excellence, which may
        include supporting interagency detailee and rotation opportunities,
        advanced training, enhanced support for agency project managers,
        and fora for sharing information and lessons learned.
            ``(3) Transfer.--For the purpose of carrying out this title,
        the Executive Director, with the approval of the Director of the
        Office of Management and Budget, may transfer amounts in the Fund
        to other Federal agencies and State, Tribal, and local governments
        to facilitate timely and efficient environmental reviews and
        authorizations for covered projects and other projects under this
        title, including direct reimbursement agreements with agency
        CERPOs, reimbursable agreements, and approval and consultation
        processes and staff for covered projects.''.
        (h) Sunset.--Section 41013 of the FAST Act (42 U.S.C. 4370m-12) is
    repealed.
        (i) Technical Correction.--Section 41002(b)(2)(A)(ii) of the FAST
    Act (42 U.S.C. 4370m-1(b)(2)(A)(ii)) is amended by striking
    ``councilmem-ber'' and inserting ``councilmember''.
        (j) Clerical Amendment.--The table of contents in section 1(b) of
    the FAST Act (Public Law 114-94; 129 Stat. 1319) is amended by striking
    the item relating to section 41002 and inserting the following:
    ``Sec. 41002. Federal Permitting Improvement Steering Council.''.

                      TITLE IX--BUILD AMERICA, BUY AMERICA
                     Subtitle A--Build America, Buy America

    SEC. 70901. SHORT TITLE.
        This subtitle may be cited as the ``Build America, Buy America
    Act''.

                   PART I--BUY AMERICA SOURCING REQUIREMENTS

    SEC. 70911. FINDINGS.
        Congress finds that--
            (1) the United States must make significant investments to
        install, upgrade, or replace the public works infrastructure of the
        United States;
            (2) with respect to investments in the infrastructure of the
        United States, taxpayers expect that their public works
        infrastructure will be produced in the United States by American
        workers;
            (3) United States taxpayer dollars invested in public
        infrastructure should not be used to reward companies that have
        moved their operations, investment dollars, and jobs to foreign
        countries or foreign factories, particularly those that do not
        share or openly flout the commitments of the United States to
        environmental, worker, and workplace safety protections;
            (4) in procuring materials for public works projects, entities
        using taxpayer-financed Federal assistance should give a
        commonsense procurement preference for the materials and products
        produced by companies and workers in the United States in
        accordance with the high ideals embodied in the environmental,
        worker, workplace safety, and other regulatory requirements of the
        United States;
            (5) common construction materials used in public works
        infrastructure projects, including steel, iron, manufactured
        products, non-ferrous metals, plastic and polymer-based products
        (including polyvinylchloride, composite building materials, and
        polymers used in fiber optic cables), glass (including optic
        glass), lumber, and drywall are not adequately covered by a
        domestic content procurement preference, thus limiting the impact
        of taxpayer purchases to enhance supply chains in the United
        States;
            (6) the benefits of domestic content procurement preferences
        extend beyond economics;
            (7) by incentivizing domestic manufacturing, domestic content
        procurement preferences reinvest tax dollars in companies and
        processes using the highest labor and environmental standards in
        the world;
            (8) strong domestic content procurement preference policies act
        to prevent shifts in production to countries that rely on
        production practices that are significantly less energy efficient
        and far more polluting than those in the United States;
            (9) for over 75 years, Buy America and other domestic content
        procurement preference laws have been part of the United States
        procurement policy, ensuring that the United States can build and
        rebuild the infrastructure of the United States with high-quality
        American-made materials;
            (10) before the date of enactment of this Act, a domestic
        content procurement preference requirement may not apply, may apply
        only to a narrow scope of products and materials, or may be limited
        by waiver with respect to many infrastructure programs, which
        necessitates a review of such programs, including programs for
        roads, highways, and bridges, public transportation, dams, ports,
        harbors, and other maritime facilities, intercity passenger and
        freight railroads, freight and intermodal facilities, airports,
        water systems, including drinking water and wastewater systems,
        electrical transmission facilities and systems, utilities,
        broadband infrastructure, and buildings and real property;
            (11) Buy America laws create demand for domestically produced
        goods, helping to sustain and grow domestic manufacturing and the
        millions of jobs domestic manufacturing supports throughout product
        supply chains;
            (12) as of the date of enactment of this Act, domestic content
        procurement preference policies apply to all Federal Government
        procurement and to various Federal-aid infrastructure programs;
            (13) a robust domestic manufacturing sector is a vital
        component of the national security of the United States;
            (14) as more manufacturing operations of the United States have
        moved offshore, the strength and readiness of the defense
        industrial base of the United States has been diminished; and
            (15) domestic content procurement preference laws--
                (A) are fully consistent with the international obligations
            of the United States; and
                (B) together with the government procurements to which the
            laws apply, are important levers for ensuring that United
            States manufacturers can access the government procurement
            markets of the trading partners of the United States.
    SEC. 70912. DEFINITIONS.
        In this part:
            (1) Deficient program.--The term ``deficient program'' means a
        program identified by the head of a Federal agency under section
        70913(c).
            (2) Domestic content procurement preference.--The term
        ``domestic content procurement preference'' means a requirement
        that no amounts made available through a program for Federal
        financial assistance may be obligated for a project unless--
                (A) all iron and steel used in the project are produced in
            the United States;
                (B) the manufactured products used in the project are
            produced in the United States; or
                (C) the construction materials used in the project are
            produced in the United States.
            (3) Federal agency.--The term ``Federal agency'' means any
        authority of the United States that is an ``agency'' (as defined in
        section 3502 of title 44, United States Code), other than an
        independent regulatory agency (as defined in that section).
            (4) Federal financial assistance.--
                (A) In general.--The term ``Federal financial assistance''
            has the meaning given the term in section 200.1 of title 2,
            Code of Federal Regulations (or successor regulations).
                (B) Inclusion.--The term ``Federal financial assistance''
            includes all expenditures by a Federal agency to a non-Federal
            entity for an infrastructure project, except that it does not
            include expenditures for assistance authorized under section
            402, 403, 404, 406, 408, or 502 of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a,
            5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster
            or emergency declared by the President under section 401 or
            501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre
            and post disaster or emergency response expenditures.
            (5) Infrastructure.--The term ``infrastructure'' includes, at a
        minimum, the structures, facilities, and equipment for, in the
        United States--
                (A) roads, highways, and bridges;
                (B) public transportation;
                (C) dams, ports, harbors, and other maritime facilities;
                (D) intercity passenger and freight railroads;
                (E) freight and intermodal facilities;
                (F) airports;
                (G) water systems, including drinking water and wastewater
            systems;
                (H) electrical transmission facilities and systems;
                (I) utilities;
                (J) broadband infrastructure; and
                (K) buildings and real property.
            (6) Produced in the united states.--The term ``produced in the
        United States'' means--
                (A) in the case of iron or steel products, that all
            manufacturing processes, from the initial melting stage through
            the application of coatings, occurred in the United States;
                (B) in the case of manufactured products, that--
                    (i) the manufactured product was manufactured in the
                United States; and
                    (ii) the cost of the components of the manufactured
                product that are mined, produced, or manufactured in the
                United States is greater than 55 percent of the total cost
                of all components of the manufactured product, unless
                another standard for determining the minimum amount of
                domestic content of the manufactured product has been
                established under applicable law or regulation; and
                (C) in the case of construction materials, that all
            manufacturing processes for the construction material occurred
            in the United States.
            (7) Project.--The term ``project'' means the construction,
        alteration, maintenance, or repair of infrastructure in the United
        States.
    SEC. 70913. IDENTIFICATION OF DEFICIENT PROGRAMS.
        (a) In General.--Not later than 60 days after the date of enactment
    of this Act, the head of each Federal agency shall--
            (1) submit to the Office of Management and Budget and to
        Congress, including a separate notice to each appropriate
        congressional committee, a report that identifies each Federal
        financial assistance program for infrastructure administered by the
        Federal agency; and
            (2) publish in the Federal Register the report under paragraph
        (1).
        (b) Requirements.--In the report under subsection (a), the head of
    each Federal agency shall, for each Federal financial assistance
    program--
            (1) identify all domestic content procurement preferences
        applicable to the Federal financial assistance;
            (2) assess the applicability of the domestic content
        procurement preference requirements, including--
                (A) section 313 of title 23, United States Code;
                (B) section 5323(j) of title 49, United States Code;
                (C) section 22905(a) of title 49, United States Code;
                (D) section 50101 of title 49, United States Code;
                (E) section 603 of the Federal Water Pollution Control Act
            (33 U.S.C. 1388);
                (F) section 1452(a)(4) of the Safe Drinking Water Act (42
            U.S.C. 300j-12(a)(4));
                (G) section 5035 of the Water Infrastructure Finance and
            Innovation Act of 2014 (33 U.S.C. 3914);
                (H) any domestic content procurement preference included in
            an appropriations Act; and
                (I) any other domestic content procurement preference in
            Federal law (including regulations);
            (3) provide details on any applicable domestic content
        procurement preference requirement, including the purpose, scope,
        applicability, and any exceptions and waivers issued under the
        requirement; and
            (4) include a description of the type of infrastructure
        projects that receive funding under the program, including
        information relating to--
                (A) the number of entities that are participating in the
            program;
                (B) the amount of Federal funds that are made available for
            the program for each fiscal year; and
                (C) any other information the head of the Federal agency
            determines to be relevant.
        (c) List of Deficient Programs.--In the report under subsection
    (a), the head of each Federal agency shall include a list of Federal
    financial assistance programs for infrastructure identified under that
    subsection for which a domestic content procurement preference
    requirement--
            (1) does not apply in a manner consistent with section 70914;
        or
            (2) is subject to a waiver of general applicability not limited
        to the use of specific products for use in a specific project.
    SEC. 70914. APPLICATION OF BUY AMERICA PREFERENCE.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the head of each Federal agency shall ensure
    that none of the funds made available for a Federal financial
    assistance program for infrastructure, including each deficient
    program, may be obligated for a project unless all of the iron, steel,
    manufactured products, and construction materials used in the project
    are produced in the United States.
        (b) Waiver.--The head of a Federal agency that applies a domestic
    content procurement preference under this section may waive the
    application of that preference in any case in which the head of the
    Federal agency finds that--
            (1) applying the domestic content procurement preference would
        be inconsistent with the public interest;
            (2) types of iron, steel, manufactured products, or
        construction materials are not produced in the United States in
        sufficient and reasonably available quantities or of a satisfactory
        quality; or
            (3) the inclusion of iron, steel, manufactured products, or
        construction materials produced in the United States will increase
        the cost of the overall project by more than 25 percent.
        (c) Written Justification.--Before issuing a waiver under
    subsection (b), the head of the Federal agency shall--
            (1) make publicly available in an easily accessible location on
        a website designated by the Office of Management and Budget and on
        the website of the Federal agency a detailed written explanation
        for the proposed determination to issue the waiver; and
            (2) provide a period of not less than 15 days for public
        comment on the proposed waiver.
        (d) Review of Waivers of General Applicability.--
            (1) In general.--An existing general applicability waiver or a
        general applicability waiver issued under subsection (b) shall be
        reviewed every 5 years after the date on which the waiver is
        issued.
            (2) Review.--In conducting a review of a general applicability
        waiver, the head of a Federal agency shall--
                (A) publish in the Federal Register a notice that--
                    (i) describes the justification for a general
                applicability waiver; and
                    (ii) requests public comments for a period of not less
                than 30 days on the continued need for a general
                applicability waiver; and
                (B) publish in the Federal Register a determination on
            whether to continue or discontinue the general applicability
            waiver, taking into account the comments received in response
            to the notice published under subparagraph (A).
            (3) Limitation on the review of existing waivers of general
        applicability.--For a period of 5 years beginning on the date of
        enactment of this Act, paragraphs (1) and (2) shall not apply to
        any product-specific general applicability waiver that was issued
        more than 180 days before the date of enactment of this Act.
        (e) Consistency With International Agreements.--This section shall
    be applied in a manner consistent with United States obligations under
    international agreements.
    SEC. 70915. OMB GUIDANCE AND STANDARDS.
        (a) Guidance.--The Director of the Office of Management and Budget
    shall--
            (1) issue guidance to the head of each Federal agency--
                (A) to assist in identifying deficient programs under
            section 70913(c); and
                (B) to assist in applying new domestic content procurement
            preferences under section 70914; and
            (2) if necessary, amend subtitle A of title 2, Code of Federal
        Regulations (or successor regulations), to ensure that domestic
        content procurement preference requirements required by this part
        or other Federal law are imposed through the terms and conditions
        of awards of Federal financial assistance.
        (b) Standards for Construction Materials.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Director of the Office of Management and
        Budget shall issue standards that define the term ``all
        manufacturing processes'' in the case of construction materials.
            (2) Considerations.--In issuing standards under paragraph (1),
        the Director shall--
                (A) ensure that the standards require that each
            manufacturing process required for the manufacture of the
            construction material and the inputs of the construction
            material occurs in the United States; and
                (B) take into consideration and seek to maximize the direct
            and indirect jobs benefited or created in the production of the
            construction material.
    SEC. 70916. TECHNICAL ASSISTANCE PARTNERSHIP AND CONSULTATION
    SUPPORTING DEPARTMENT OF TRANSPORTATION BUY AMERICA REQUIREMENTS.
        (a) Definitions.--In this section:
            (1) Buy america law.--The term ``Buy America law'' means--
                (A) section 313 of title 23, United States Code;
                (B) section 5323(j) of title 49, United States Code;
                (C) section 22905(a) of title 49, United States Code;
                (D) section 50101 of title 49, United States Code; and
                (E) any other domestic content procurement preference for
            an infrastructure project under the jurisdiction of the
            Secretary.
            (2) Secretary.--The term ``Secretary'' means the Secretary of
        Transportation.
        (b) Technical Assistance Partnership.--Not later than 90 days after
    the date of the enactment of this Act, the Secretary shall enter into a
    technical assistance partnership with the Secretary of Commerce, acting
    through the Director of the National Institute of Standards and
    Technology--
            (1) to ensure the development of a domestic supply base to
        support intermodal transportation in the United States, such as
        intercity high speed rail transportation, public transportation
        systems, highway construction or reconstruction, airport
        improvement projects, and other infrastructure projects under the
        jurisdiction of the Secretary;
            (2) to ensure compliance with Buy America laws that apply to a
        project that receives assistance from the Federal Highway
        Administration, the Federal Transit Administration, the Federal
        Railroad Administration, the Federal Aviation Administration, or
        another office or modal administration of the Secretary of
        Transportation;
            (3) to encourage technologies developed with the support of and
        resources from the Secretary to be transitioned into commercial
        market and applications; and
            (4) to establish procedures for consultation under subsection
        (c).
        (c) Consultation.--Before granting a written waiver under a Buy
    America law, the Secretary shall consult with the Director of the
    Hollings Manufacturing Extension Partnership regarding whether there is
    a domestic entity that could provide the iron, steel, manufactured
    product, or construction material that is the subject of the proposed
    waiver.
        (d) Annual Report.--Not later than 1 year after the date of
    enactment of this Act, and annually thereafter, the Secretary shall
    submit to the Committee on Commerce, Science, and Transportation, the
    Committee on Banking, Housing, and Urban Affairs, the Committee on
    Environment and Public Works, and the Committee on Homeland Security
    and Governmental Affairs of the Senate and the Committee on
    Transportation and Infrastructure and the Committee on Oversight and
    Reform of the House of Representatives a report that includes--
            (1) a detailed description of the consultation procedures
        developed under subsection (b)(4);
            (2) a detailed description of each waiver requested under a Buy
        America law in the preceding year that was subject to consultation
        under subsection (c), and the results of the consultation;
            (3) a detailed description of each waiver granted under a Buy
        America law in the preceding year, including the type of waiver and
        the reasoning for granting the waiver; and
            (4) an update on challenges and gaps in the domestic supply
        base identified in carrying out subsection (b)(1), including a list
        of actions and policy changes the Secretary recommends be taken to
        address those challenges and gaps.
    SEC. 70917. APPLICATION.
        (a) In General.--This part shall apply to a Federal financial
    assistance program for infrastructure only to the extent that a
    domestic content procurement preference as described in section 70914
    does not already apply to iron, steel, manufactured products, and
    construction materials.
        (b) Savings Provision.--Nothing in this part affects a domestic
    content procurement preference for a Federal financial assistance
    program for infrastructure that is in effect and that meets the
    requirements of section 70914.
        (c) Limitation With Respect to Aggregates.--In this part--
            (1) the term ``construction materials'' shall not include
        cement and cementitious materials, aggregates such as stone, sand,
        or gravel, or aggregate binding agents or additives; and
            (2) the standards developed under section 70915(b)(1) shall not
        include cement and cementitious materials, aggregates such as
        stone, sand, or gravel, or aggregate binding agents or additives as
        inputs of the construction material.

                          PART II--MAKE IT IN AMERICA

    SEC. 70921. REGULATIONS RELATING TO BUY AMERICAN ACT.
        (a) In General.--Not later than 1 year after the date of the
    enactment of this Act, the Director of the Office of Management and
    Budget (``Director''), acting through the Administrator for Federal
    Procurement Policy and, in consultation with the Federal Acquisition
    Regulatory Council, shall promulgate final regulations or other policy
    or management guidance, as appropriate, to standardize and simplify how
    Federal agencies comply with, report on, and enforce the Buy American
    Act. The regulations or other policy or management guidance shall
    include, at a minimum, the following:
            (1) Guidelines for Federal agencies to determine, for the
        purposes of applying sections 8302(a) and 8303(b)(3) of title 41,
        United States Code, the circumstances under which the acquisition
        of articles, materials, or supplies mined, produced, or
        manufactured in the United States is inconsistent with the public
        interest.
            (2) Guidelines to ensure Federal agencies base determinations
        of non-availability on appropriate considerations, including
        anticipated project delays and lack of substitutable articles,
        materials, and supplies mined, produced, or manufactured in the
        United States, when making determinations of non-availability under
        section 8302(a)(1) of title 41, United States Code.
            (3)(A) Uniform procedures for each Federal agency to make
        publicly available, in an easily identifiable location on the
        website of the agency, and within the following time periods, the
        following information:
                (i) A written description of the circumstances in which the
            head of the agency may waive the requirements of the Buy
            American Act.
                (ii) Each waiver made by the head of the agency within 30
            days after making such waiver, including a justification with
            sufficient detail to explain the basis for the waiver.
            (B) The procedures established under this paragraph shall
        ensure that the head of an agency, in consultation with the head of
        the Made in America Office established under section 70923(a), may
        limit the publication of classified information, trade secrets, or
        other information that could damage the United States.
            (4) Guidelines for Federal agencies to ensure that a project is
        not disaggregated for purposes of avoiding the applicability of the
        requirements under the Buy American Act.
            (5) An increase to the price preferences for domestic end
        products and domestic construction materials.
            (6) Amending the definitions of ``domestic end product'' and
        ``domestic construction material'' to ensure that iron and steel
        products are, to the greatest extent possible, made with domestic
        components.
        (b) Guidelines Relating to Waivers.--
            (1) Inconsistency with public interest.--
                (A) In general.--With respect to the guidelines developed
            under subsection (a)(1), the Administrator shall seek to
            minimize waivers related to contract awards that--
                    (i) result in a decrease in employment in the United
                States, including employment among entities that
                manufacture the articles, materials, or supplies; or
                    (ii) result in awarding a contract that would decrease
                domestic employment.
                (B) Covered employment.--For purposes of subparagraph (A),
            employment refers to positions directly involved in the
            manufacture of articles, materials, or supplies, and does not
            include positions related to management, research and
            development, or engineering and design.
            (2) Assessment on use of dumped or subsidized foreign
        products.--
                (A) In general.--To the extent otherwise permitted by law,
            before granting a waiver in the public interest to the
            guidelines developed under subsection (a)(1) with respect to a
            product sourced from a foreign country, a Federal agency shall
            assess whether a significant portion of the cost advantage of
            the product is the result of the use of dumped steel, iron, or
            manufactured goods or the use of injuriously subsidized steel,
            iron, or manufactured goods.
                (B) Consultation.--The Federal agency conducting the
            assessment under subparagraph (A) shall consult with the
            International Trade Administration in making the assessment if
            the agency considers such consultation to be helpful.
                (C) Use of findings.--The Federal agency conducting the
            assessment under subparagraph (A) shall integrate any findings
            from the assessment into its waiver determination.
        (c) Sense of Congress on Increasing Domestic Content
    Requirements.--It is the sense of Congress that the Federal Acquisition
    Regulatory Council should amend the Federal Acquisition Regulation to
    increase the domestic content requirements for domestic end products
    and domestic construction material to 75 percent, or, in the event of
    no qualifying offers, 60 percent.
        (d) Definition of End Product Manufactured in the United States.--
    Not later than 1 year after the date of the enactment of this Act, the
    Federal Acquisition Regulatory Council shall amend part 25 of the
    Federal Acquisition Regulation to provide a definition for ``end
    product manufactured in the United States,'' including guidelines to
    ensure that manufacturing processes involved in production of the end
    product occur domestically.
    SEC. 70922. AMENDMENTS RELATING TO BUY AMERICAN ACT.
        (a) Special Rules Relating to American Materials Required for
    Public Use.--Section 8302 of title 41, United States Code, is amended
    by adding at the end the following new subsection:
        ``(c) Special Rules.--The following rules apply in carrying out the
    provisions of subsection (a):
            ``(1) Iron and steel manufactured in the united states.--For
        purposes of this section, manufactured articles, materials, and
        supplies of iron and steel are deemed manufactured in the United
        States only if all manufacturing processes involved in the
        production of such iron and steel, from the initial melting stage
        through the application of coatings, occurs in the United States.
            ``(2) Limitation on exception for commercially available off-
        the-shelf items.--Notwithstanding any law or regulation to the
        contrary, including section 1907 of this title and the Federal
        Acquisition Regulation, the requirements of this section apply to
        all iron and steel articles, materials, and supplies.''.
        (b) Production of Iron and Steel for Purposes of Contracts for
    Public Works.--Section 8303 of title 41, United States Code, is
    amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new
        subsection:
        ``(c) Special Rules.--
            ``(1) Production of iron and steel.--For purposes of this
        section, manufactured articles, materials, and supplies of iron and
        steel are deemed manufactured in the United States only if all
        manufacturing processes involved in the production of such iron and
        steel, from the initial melting stage through the application of
        coatings, occurs in the United States.
            ``(2) Limitation on exception for commercially available off-
        the-shelf items.--Notwithstanding any law or regulation to the
        contrary, including section 1907 of this title and the Federal
        Acquisition Regulation, the requirements of this section apply to
        all iron and steel articles, materials, and supplies used in
        contracts described in subsection (a).''.
        (c) Annual Report.--Subsection (b) of section 8302 of title 41,
    United States Code, is amended to read as follows:
        ``(b) Reports.--
            ``(1) In general.--Not later than 180 days after the end of the
        fiscal year during which the Build America, Buy America Act is
        enacted, and annually thereafter for 4 years, the Director of the
        Office of Management and Budget, in consultation with the
        Administrator of General Services, shall submit to the Committee on
        Homeland Security and Governmental Affairs of the Senate and the
        Committee on Oversight and Reform of the House of Representatives a
        report on the total amount of acquisitions made by Federal agencies
        in the relevant fiscal year of articles, materials, or supplies
        acquired from entities that mine, produce, or manufacture the
        articles, materials, or supplies outside the United States.
            ``(2) Exception for intelligence community.--This subsection
        does not apply to acquisitions made by an agency, or component of
        an agency, that is an element of the intelligence community as
        specified in, or designated under, section 3 of the National
        Security Act of 1947 (50 U.S.C. 3003).''.
        (d) Definition.--Section 8301 of title 41, United States Code, is
    amended by adding at the end the following new paragraph:
            ``(3) Federal agency.--The term `Federal agency' has the
        meaning given the term `executive agency' in section 133 of this
        title.''.
        (e) Conforming Amendments.--Title 41, United States Code, is
    amended--
            (1) in section 8302(a)--
                (A) in paragraph (1)--
                    (i) by striking ``department or independent
                establishment'' and inserting ``Federal agency''; and
                    (ii) by striking ``their acquisition to be inconsistent
                with the public interest or their cost to be unreasonable''
                and inserting ``their acquisition to be inconsistent with
                the public interest, their cost to be unreasonable, or that
                the articles, materials, or supplies of the class or kind
                to be used, or the articles, materials, or supplies from
                which they are manufactured, are not mined, produced, or
                manufactured in the United States in sufficient and
                reasonably available commercial quantities and of a
                satisfactory quality''; and
                (B) in paragraph (2), by amending subparagraph (B) to read
            as follows:
                ``(B) to any articles, materials, or supplies procured
            pursuant to a reciprocal defense procurement memorandum of
            understanding (as described in section 8304 of this title), or
            a trade agreement or least developed country designation
            described in subpart 25.400 of the Federal Acquisition
            Regulation; and''; and
            (2) in section 8303--
                (A) in subsection (b)--
                    (i) by striking ``department or independent
                establishment'' each place it appears and inserting
                ``Federal agency'';
                    (ii) by amending subparagraph (B) of paragraph (1) to
                read as follows:
                ``(B) to any articles, materials, or supplies procured
            pursuant to a reciprocal defense procurement memorandum of
            understanding (as described in section 8304), or a trade
            agreement or least developed country designation described in
            subpart 25.400 of the Federal Acquisition Regulation; and'';
            and
                    (iii) in paragraph (3)--

                        (I) in the heading, by striking ``Inconsistent with
                    public interest'' and inserting ``Waiver authority'';
                    and
                        (II) by striking ``their purchase to be
                    inconsistent with the public interest or their cost to
                    be unreasonable'' and inserting ``their acquisition to
                    be inconsistent with the public interest, their cost to
                    be unreasonable, or that the articles, materials, or
                    supplies of the class or kind to be used, or the
                    articles, materials, or supplies from which they are
                    manufactured, are not mined, produced, or manufactured
                    in the United States in sufficient and reasonably
                    available commercial quantities and of a satisfactory
                    quality''; and

                (B) in subsection (d), as redesignated by subsection (b)(1)
            of this section, by striking ``department, bureau, agency, or
            independent establishment'' each place it appears and inserting
            ``Federal agency''.
        (f) Exclusion From Inflation Adjustment of Acquisition-Related
    Dollar Thresholds.--Subparagraph (A) of section 1908(b)(2) of title 41,
    United States Code, is amended by striking ``chapter 67'' and inserting
    ``chapters 67 and 83''.
    SEC. 70923. MADE IN AMERICA OFFICE.
        (a) Establishment.--The Director of the Office of Management and
    Budget shall establish within the Office of Management and Budget an
    office to be known as the ``Made in America Office''. The head of the
    office shall be appointed by the Director of the Office of Management
    and Budget (in this section referred to as the ``Made in America
    Director'').
        (b) Duties.--The Made in America Director shall have the following
    duties:
            (1) Maximize and enforce compliance with domestic preference
        statutes.
            (2) Develop and implement procedures to review waiver requests
        or inapplicability requests related to domestic preference
        statutes.
            (3) Prepare the reports required under subsections (c) and (e).
            (4) Ensure that Federal contracting personnel, financial
        assistance personnel, and non-Federal recipients are regularly
        trained on obligations under the Buy American Act and other agency-
        specific domestic preference statutes.
            (5) Conduct the review of reciprocal defense agreements
        required under subsection (d).
            (6) Ensure that Federal agencies, Federal financial assistance
        recipients, and the Hollings Manufacturing Extension Partnership
        partner with each other to promote compliance with domestic
        preference statutes.
            (7) Support executive branch efforts to develop and sustain a
        domestic supply base to meet Federal procurement requirements.
        (c) Office of Management and Budget Report.--Not later than 1 year
    after the date of the enactment of this Act, the Director of the Office
    of Management and Budget, working through the Made in America Director,
    shall report to the relevant congressional committees on the extent to
    which, in each of the three fiscal years prior to the date of enactment
    of this Act, articles, materials, or supplies acquired by the Federal
    Government were mined, produced, or manufactured outside the United
    States. Such report shall include for each Federal agency the
    following:
            (1) A summary of total procurement funds expended on articles,
        materials, and supplies mined, produced, or manufactured--
                (A) inside the United States;
                (B) outside the United States; and
                (C) outside the United States--
                    (i) under each category of waiver under the Buy
                American Act;
                    (ii) under each category of exception under such
                chapter; and
                    (iii) for each country that mined, produced, or
                manufactured such articles, materials, and supplies.
            (2) For each fiscal year covered by the report--
                (A) the dollar value of any articles, materials, or
            supplies that were mined, produced, or manufactured outside the
            United States, in the aggregate and by country;
                (B) an itemized list of all waivers made under the Buy
            American Act with respect to articles, materials, or supplies,
            where available, and the country where such articles,
            materials, or supplies were mined, produced, or manufactured;
                (C) if any articles, materials, or supplies were acquired
            from entities that mine, produce, or manufacture such articles,
            materials, or supplies outside the United States due to an
            exception (that is not the micro-purchase threshold exception
            described under section 8302(a)(2)(C) of title 41, United
            States Code), the specific exception that was used to purchase
            such articles, materials, or supplies; and
                (D) if any articles, materials, or supplies were acquired
            from entities that mine, produce, or manufacture such articles,
            materials, or supplies outside the United States pursuant to a
            reciprocal defense procurement memorandum of understanding (as
            described in section 8304 of title 41, United States Code), or
            a trade agreement or least developed country designation
            described in subpart 25.400 of the Federal Acquisition
            Regulation, a citation to such memorandum of understanding,
            trade agreement, or designation.
            (3) A description of the methods used by each Federal agency to
        calculate the percentage domestic content of articles, materials,
        and supplies mined, produced, or manufactured in the United States.
        (d) Review of Reciprocal Defense Agreements.--
            (1) Review of process.--Not later than 180 days after the date
        of the enactment of this Act, the Made in America Director shall
        review the Department of Defense's use of reciprocal defense
        agreements to determine if domestic entities have equal and
        proportional access and report the findings of the review to the
        Director of the Office of Management and Budget, the Secretary of
        Defense, and the Secretary of State.
            (2) Review of reciprocal procurement memoranda of
        understanding.--The Made in America Director shall review
        reciprocal procurement memoranda of understanding entered into
        after the date of the enactment of this Act between the Department
        of Defense and its counterparts in foreign governments to assess
        whether domestic entities will have equal and proportional access
        under the memoranda of understanding and report the findings of the
        review to the Director of the Office of Management and Budget, the
        Secretary of Defense, and the Secretary of State.
        (e) Report on Use of Made in America Laws.--The Made in America
    Director shall submit to the relevant congressional committees a
    summary of each report on the use of Made in America Laws received by
    the Made in America Director pursuant to section 11 of Executive Order
    14005, dated January 25, 2021 (relating to ensuring the future is made
    in all of America by all of America's workers) not later than 90 days
    after the date of the enactment of this Act or receipt of the reports
    required under section 11 of such Executive Order, whichever is later.
        (f) Domestic Preference Statute Defined.--In this section, the term
    ``domestic preference statute'' means any of the following:
            (1) the Buy American Act;
            (2) a Buy America law (as that term is defined in section
        70916(a));
            (3) the Berry Amendment;
            (4) section 604 of the American Recovery and Reinvestment Act
        of 2009 (6 U.S.C. 453b) (commonly referred to as the ``Kissell
        amendment'');
            (5) section 2533b of title 10 (commonly referred to as the
        ``specialty metals clause'');
            (6) laws requiring domestic preference for maritime transport,
        including the Merchant Marine Act, 1920 (Public Law 66-261),
        commonly known as the ``Jones Act''; and
            (7) any other law, regulation, rule, or executive order
        relating to Federal financial assistance awards or Federal
        procurement, that requires, or provides a preference for, the
        purchase or acquisition of goods, products, or materials produced
        in the United States, including iron, steel, construction material,
        and manufactured goods offered in the United States.
    SEC. 70924. HOLLINGS MANUFACTURING EXTENSION PARTNERSHIP ACTIVITIES.
        (a) Use of Hollings Manufacturing Extension Partnership to Refer
    New Businesses to Contracting Opportunities.--The head of each Federal
    agency shall work with the Director of the Hollings Manufacturing
    Extension Partnership, as necessary, to ensure businesses participating
    in this Partnership are aware of their contracting opportunities.
        (b) Automatic Enrollment in GSA Advantage!.--The Administrator of
    the General Services Administration and the Secretary of Commerce,
    acting through the Under Secretary of Commerce for Standards and
    Technology, shall jointly ensure that each business that participates
    in the Hollings Manufacturing Extension Partnership is automatically
    enrolled in General Services Administration Advantage!.
    SEC. 70925. UNITED STATES OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS.
        This part, and the amendments made by this part, shall be applied
    in a manner consistent with United States obligations under
    international agreements.
    SEC. 70926. DEFINITIONS.
        In this part:
            (1) Berry amendment.--The term ``Berry Amendment'' means
        section 2533a of title 10, United States Code.
            (2) Buy american act.--The term ``Buy American Act'' means
        chapter 83 of title 41, United States Code.
            (3) Federal agency.--The term ``Federal agency'' has the
        meaning given the term ``executive agency'' in section 133 of title
        41, United States Code.
            (4) Relevant congressional committees.--The term ``relevant
        congressional committees'' means--
                (A) the Committee on Homeland Security and Governmental
            Affairs, the Committee on Commerce, Science, and
            Transportation, the Committee on Environment and Public Works,
            the Committee on Banking, Housing, and Urban Affairs, and the
            Committee on Armed Services of the Senate; and
                (B) the Committee on Oversight and Reform, the Committee on
            Armed Services, and the Committee on Transportation and
            Infrastructure of the House of Representatives.
            (5) Waiver.--The term ``waiver'', with respect to the
        acquisition of an article, material, or supply for public use,
        means the inapplicability of chapter 83 of title 41, United States
        Code, to the acquisition by reason of any of the following
        determinations under section 8302(a)(1) or 8303(b) of such title:
                (A) A determination by the head of the Federal agency
            concerned that the acquisition is inconsistent with the public
            interest.
                (B) A determination by the head of the Federal agency
            concerned that the cost of the acquisition is unreasonable.
                (C) A determination by the head of the Federal agency
            concerned that the article, material, or supply is not mined,
            produced, or manufactured in the United States in sufficient
            and reasonably available commercial quantities of a
            satisfactory quality.
    SEC. 70927. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
        (a) Specialty Metals Clause Reference.--Section 70923(f)(5) is
    amended by striking ``section 2533b'' and inserting ``section 4863''.
        (b) Berry Amendment Reference.--Section 70926(1) is amended by
    striking ``section 2533a'' and inserting ``section 4862''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2022.

                          Subtitle B--BuyAmerican.gov

    SEC. 70931. SHORT TITLE.
        This subtitle may be cited as the ``BuyAmerican.gov Act of 2021''.
    SEC. 70932. DEFINITIONS.
        In this subtitle:
            (1) Buy american law.--The term ``Buy American law'' means any
        law, regulation, Executive order, or rule relating to Federal
        contracts, grants, or financial assistance that requires or
        provides a preference for the purchase or use of goods, products,
        or materials mined, produced, or manufactured in the United States,
        including--
                (A) chapter 83 of title 41, United States Code (commonly
            referred to as the ``Buy American Act'');
                (B) section 5323(j) of title 49, United States Code;
                (C) section 313 of title 23, United States Code;
                (D) section 50101 of title 49, United States Code;
                (E) section 24405 of title 49, United States Code;
                (F) section 608 of the Federal Water Pollution Control Act
            (33 U.S.C. 1388);
                (G) section 1452(a)(4) of the Safe Drinking Water Act (42
            U.S.C. 300j-12(a)(4));
                (H) section 5035 of the Water Resources Reform and
            Development Act of 2014 (33 U.S.C. 3914);
                (I) section 2533a of title 10, United States Code (commonly
            referred to as the ``Berry Amendment''); and
                (J) section 2533b of title 10, United States Code.
            (2) Executive agency.--The term ``executive agency'' has the
        meaning given the term ``agency'' in paragraph (1) of section 3502
        of title 44, United States Code, except that it does not include an
        independent regulatory agency, as that term is defined in paragraph
        (5) of such section.
            (3) Buy american waiver.--The term ``Buy American waiver''
        refers to an exception to or waiver of any Buy American law, or the
        terms and conditions used by an agency in granting an exception to
        or waiver from Buy American laws.
    SEC. 70933. SENSE OF CONGRESS ON BUYING AMERICAN.
        It is the sense of Congress that--
            (1) every executive agency should maximize, through terms and
        conditions of Federal financial assistance awards and Federal
        procurements, the use of goods, products, and materials produced in
        the United States and contracts for outsourced government service
        contracts to be performed by United States nationals;
            (2) every executive agency should scrupulously monitor,
        enforce, and comply with Buy American laws, to the extent they
        apply, and minimize the use of waivers; and
            (3) every executive agency should use available data to
        routinely audit its compliance with Buy American laws.
    SEC. 70934. ASSESSMENT OF IMPACT OF FREE TRADE AGREEMENTS.
        Not later than 150 days after the date of the enactment of this
    Act, the Secretary of Commerce, the United States Trade Representative,
    and the Director of the Office of Management and Budget shall assess
    the impacts in a publicly available report of all United States free
    trade agreements, the World Trade Organization Agreement on Government
    Procurement, and Federal permitting processes on the operation of Buy
    American laws, including their impacts on the implementation of
    domestic procurement preferences.
    SEC. 70935. JUDICIOUS USE OF WAIVERS.
        (a) In General.--To the extent permitted by law, a Buy American
    waiver that is determined by an agency head or other relevant official
    to be in the public interest shall be construed to ensure the maximum
    utilization of goods, products, and materials produced in the United
    States.
        (b) Public Interest Waiver Determinations.--To the extent permitted
    by law, determination of public interest waivers shall be made by the
    head of the agency with the authority over the Federal financial
    assistance award or Federal procurement under consideration.
    SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.
        (a) In General.--Not later than one year after the date of the
    enactment of this Act, the Administrator of General Services shall
    establish an Internet website with the address BuyAmerican.gov that
    will be publicly available and free to access. The website shall
    include information on all waivers of and exceptions to Buy American
    laws since the date of the enactment of this Act that have been
    requested, are under consideration, or have been granted by executive
    agencies and be designed to enable manufacturers and other interested
    parties to easily identify waivers. The website shall also include the
    results of routine audits to determine data errors and Buy American law
    violations after the award of a contract. The website shall provide
    publicly available contact information for the relevant contracting
    agencies.
        (b) Utilization of Existing Website.--The requirements of
    subsection (a) may be met by utilizing an existing website, provided
    that the address of that website is BuyAmerican.gov.
    SEC. 70937. WAIVER TRANSPARENCY AND STREAMLINING FOR CONTRACTS.
        (a) Collection of Information.--The Administrator of General
    Services, in consultation with the heads of relevant agencies, shall
    develop a mechanism to collect information on requests to invoke a Buy
    American waiver for a Federal contract, utilizing existing reporting
    requirements whenever possible, for purposes of providing early notice
    of possible waivers via the website established under section 70936.
        (b) Waiver Transparency and Streamlining.--
            (1) Requirement.--Prior to granting a request to waive a Buy
        American law, the head of an executive agency shall submit a
        request to invoke a Buy American waiver to the Administrator of
        General Services, and the Administrator of General Services shall
        make the request available on or through the public website
        established under section 70936 for public comment for not less
        than 15 days.
            (2) Exception.--The requirement under paragraph (1) does not
        apply to a request for a Buy American waiver to satisfy an urgent
        contracting need in an unforeseen and exigent circumstance.
        (c) Information Available to the Executive Agency Concerning the
    Request.--
            (1) Requirement.--No Buy American waiver for purposes of
        awarding a contract may be granted if, in contravention of
        subsection (b)--
                (A) information about the waiver was not made available on
            the website under section 70936; or
                (B) no opportunity for public comment concerning the
            request was granted.
            (2) Scope.--Information made available to the public concerning
        the request included on the website described in section 70936
        shall properly and adequately document and justify the statutory
        basis cited for the requested waiver. Such information shall
        include--
                (A) a detailed justification for the use of goods,
            products, or materials mined, produced, or manufactured outside
            the United States;
                (B) for requests citing unreasonable cost as the statutory
            basis of the waiver, a comparison of the cost of the domestic
            product to the cost of the foreign product or a comparison of
            the overall cost of the project with domestic products to the
            overall cost of the project with foreign-origin products or
            services, pursuant to the requirements of the applicable Buy
            American law, except that publicly available cost comparison
            data may be provided in lieu of proprietary pricing
            information;
                (C) for requests citing the public interest as the
            statutory basis for the waiver, a detailed written statement,
            which shall include all appropriate factors, such as potential
            obligations under international agreements, justifying why the
            requested waiver is in the public interest; and
                (D) a certification that the procurement official or
            assistance recipient made a good faith effort to solicit bids
            for domestic products supported by terms included in requests
            for proposals, contracts, and nonproprietary communications
            with the prime contractor.
        (d) Nonavailability Waivers.--
            (1) In general.--Except as provided under paragraph (2), for a
        request citing nonavailability as the statutory basis for a Buy
        American waiver, an executive agency shall provide an explanation
        of the procurement official's efforts to procure a product from a
        domestic source and the reasons why a domestic product was not
        available from a domestic source. Those explanations shall be made
        available on BuyAmerican.gov prior to the issuance of the waiver,
        and the agency shall consider public comments regarding the
        availability of the product before making a final determination.
            (2) Exception.--An explanation under paragraph (1) is not
        required for a product the nonavailability of which is established
        by law or regulation.
    SEC. 70938. COMPTROLLER GENERAL REPORT.
        Not later than two years after the date of the enactment of this
    Act, the Comptroller General of the United States shall submit to
    Congress a report describing the implementation of this subtitle,
    including recommendations for any legislation to improve the collection
    and reporting of information regarding waivers of and exceptions to Buy
    American laws.
    SEC. 70939. RULES OF CONSTRUCTION.
        (a) Disclosure Requirements.--Nothing in this subtitle shall be
    construed as preempting, superseding, or otherwise affecting the
    application of any disclosure requirement or requirements otherwise
    provided by law or regulation.
        (b) Establishment of Successor Information Systems.--Nothing in
    this subtitle shall be construed as preventing or otherwise limiting
    the ability of the Administrator of General Services to move the data
    required to be included on the website established under subsection (a)
    to a successor information system. Any such information system shall
    include a reference to BuyAmerican.gov.
    SEC. 70940. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.
        This subtitle shall be applied in a manner consistent with United
    States obligations under international agreements.
    SEC. 70941. PROSPECTIVE AMENDMENTS TO INTERNAL CROSS-REFERENCES.
        (a) In General.--Section 70932(1) is amended--
            (1) in subparagraph (I), by striking ``section 2533a'' and
        inserting ``section 4862''; and
            (2) in subparagraph (J), by striking ``section 2533b'' and
        inserting ``section 4863''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect on January 1, 2022.

                        Subtitle C--Make PPE in America

    SEC. 70951. SHORT TITLE.
        This subtitle may be cited as the ``Make PPE in America Act''.
    SEC. 70952. FINDINGS.
        Congress makes the following findings:
            (1) The COVID-19 pandemic has exposed the vulnerability of the
        United States supply chains for, and lack of domestic production
        of, personal protective equipment (PPE).
            (2) The United States requires a robust, secure, and wholly
        domestic PPE supply chain to safeguard public health and national
        security.
            (3) Issuing a strategy that provides the government's
        anticipated needs over the next three years will enable suppliers
        to assess what changes, if any, are needed in their manufacturing
        capacity to meet expected demands.
            (4) In order to foster a domestic PPE supply chain, United
        States industry needs a strong and consistent demand signal from
        the Federal Government providing the necessary certainty to expand
        production capacity investment in the United States.
            (5) In order to effectively incentivize investment in the
        United States and the re-shoring of manufacturing, long-term
        contracts must be no shorter than three years in duration.
            (6) To accomplish this aim, the United States should seek to
        ensure compliance with its international obligations, such as its
        commitments under the World Trade Organization's Agreement on
        Government Procurement and its free trade agreements, including by
        invoking any relevant exceptions to those agreements, especially
        those related to national security and public health.
            (7) The United States needs a long-term investment strategy for
        the domestic production of PPE items critical to the United States
        national response to a public health crisis, including the COVID-19
        pandemic.
    SEC. 70953. REQUIREMENT OF LONG-TERM CONTRACTS FOR DOMESTICALLY
    MANUFACTURED PERSONAL PROTECTIVE EQUIPMENT.
        (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                (A) the Committee on Homeland Security and Governmental
            Affairs, the Committee on Health, Education, Labor, and
            Pensions, the Committee on Finance, and the Committee on
            Veterans' Affairs of the Senate; and
                (B) the Committee on Homeland Security, the Committee on
            Oversight and Reform, the Committee on Energy and Commerce, the
            Committee on Ways and Means, and the Committee on Veterans'
            Affairs of the House of Representatives.
            (2) Covered secretary.--The term ``covered Secretary'' means
        the Secretary of Homeland Security, the Secretary of Health and
        Human Services, and the Secretary of Veterans Affairs.
            (3) Personal protective equipment.--The term ``personal
        protective equipment'' means surgical masks, respirator masks and
        powered air purifying respirators and required filters, face
        shields and protective eyewear, gloves, disposable and reusable
        surgical and isolation gowns, head and foot coverings, and other
        gear or clothing used to protect an individual from the
        transmission of disease.
            (4) United states.--The term ``United States'' means the 50
        States, the District of Columbia, and the possessions of the United
        States.
        (b) Contract Requirements for Domestic Production.--Beginning 90
    days after the date of the enactment of this Act, in order to ensure
    the sustainment and expansion of personal protective equipment
    manufacturing in the United States and meet the needs of the current
    pandemic response, any contract for the procurement of personal
    protective equipment entered into by a covered Secretary, or a covered
    Secretary's designee, shall--
            (1) be issued for a duration of at least 2 years, plus all
        option periods necessary, to incentivize investment in the
        production of personal protective equipment and the materials and
        components thereof in the United States; and
            (2) be for personal protective equipment, including the
        materials and components thereof, that is grown, reprocessed,
        reused, or produced in the United States.
        (c) Alternatives to Domestic Production.--The requirement under
    subsection (b) shall not apply to an item of personal protective
    equipment, or component or material thereof if, after maximizing to the
    extent feasible sources consistent with subsection (b), the covered
    Secretary--
            (1) maximizes sources for personal protective equipment that is
        assembled outside the United States containing only materials and
        components that are grown, reprocessed, reused, or produced in the
        United States; and
            (2) certifies every 120 days that it is necessary to procure
        personal protective equipment under alternative procedures to
        respond to the immediate needs of a public health emergency.
        (d) Availability Exception.--
            (1) In general.--Subsections (b) and (c) shall not apply to an
        item of personal protective equipment, or component or material
        thereof--
                (A) that is, or that includes, a material listed in section
            25.104 of the Federal Acquisition Regulation as one for which a
            non-availability determination has been made; or
                (B) as to which the covered Secretary determines that a
            sufficient quantity of a satisfactory quality that is grown,
            reprocessed, reused, or produced in the United States cannot be
            procured as, and when, needed at United States market prices.
            (2) Certification requirement.--The covered Secretary shall
        certify every 120 days that the exception under paragraph (1) is
        necessary to meet the immediate needs of a public health emergency.
        (e) Report.--
            (1) In general.--Not later than 180 days after the date of the
        enactment of this Act, the Director of the Office of Management and
        Budget, in consultation with the covered Secretaries, shall submit
        to the chairs and ranking members of the appropriate congressional
        committees a report on the procurement of personal protective
        equipment.
            (2) Elements.--The report required under paragraph (1) shall
        include the following elements:
                (A) The United States long-term domestic procurement
            strategy for PPE produced in the United States, including
            strategies to incentivize investment in and maintain United
            States supply chains for all PPE sufficient to meet the needs
            of the United States during a public health emergency.
                (B) An estimate of long-term demand quantities for all PPE
            items procured by the United States.
                (C) Recommendations for congressional action required to
            implement the United States Government's procurement strategy.
                (D) A determination whether all notifications, amendments,
            and other necessary actions have been completed to bring the
            United States existing international obligations into
            conformity with the statutory requirements of this subtitle.
        (f) Authorization of Transfer of Equipment.--
            (1) In general.--A covered Secretary may transfer to the
        Strategic National Stockpile established under section 319F-2 of
        the Public Health Service Act (42 U.S.C. 247d-6b) any excess
        personal protective equipment acquired under a contract executed
        pursuant to subsection (b).
            (2) Transfer of equipment during a public health emergency.--
                (A) Amendment.--Title V of the Homeland Security Act of
            2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the
            following:
        ``SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.
        ``(a) Authorization of Transfer of Equipment.--During a public
    health emergency declared by the Secretary of Health and Human Services
    under section 319(a) of the Public Health Service Act (42 U.S.C.
    247d(a)), the Secretary, at the request of the Secretary of Health and
    Human Services, may transfer to the Department of Health and Human
    Services, on a reimbursable basis, excess personal protective equipment
    or medically necessary equipment in the possession of the Department.
        ``(b) Determination by Secretaries.--
            ``(1) In general.--In carrying out this section--
                ``(A) before requesting a transfer under subsection (a),
            the Secretary of Health and Human Services shall determine
            whether the personal protective equipment or medically
            necessary equipment is otherwise available; and
                ``(B) before initiating a transfer under subsection (a),
            the Secretary, in consultation with the heads of each component
            within the Department, shall--
                    ``(i) determine whether the personal protective
                equipment or medically necessary equipment requested to be
                transferred under subsection (a) is excess equipment; and
                    ``(ii) certify that the transfer of the personal
                protective equipment or medically necessary equipment will
                not adversely impact the health or safety of officers,
                employees, or contractors of the Department.
            ``(2) Notification.--The Secretary of Health and Human Services
        and the Secretary shall each submit to Congress a notification
        explaining the determination made under subparagraphs (A) and (B),
        respectively, of paragraph (1).
            ``(3) Required inventory.--
                ``(A) In general.--The Secretary shall--
                    ``(i) acting through the Chief Medical Officer of the
                Department, maintain an inventory of all personal
                protective equipment and medically necessary equipment in
                the possession of the Department; and
                    ``(ii) make the inventory required under clause (i)
                available, on a continual basis, to--

                        ``(I) the Secretary of Health and Human Services;
                    and
                        ``(II) the Committee on Appropriations and the
                    Committee on Homeland Security and Governmental Affairs
                    of the Senate and the Committee on Appropriations and
                    the Committee on Homeland Security of the House of
                    Representatives.

                ``(B) Form.--Each inventory required to be made available
            under subparagraph (A) shall be submitted in unclassified form,
            but may include a classified annex.''.
                (B) Table of contents amendment.--The table of contents in
            section 1(b) of the Homeland Security Act of 2002 (Public Law
            107-296; 116 Stat. 2135) is amended by inserting after the item
            relating to section 528 the following:
    ``Sec. 529. Transfer of equipment during a public health emergency.''.

            (3) Strategic national stockpile.--Section 319F-2(a) of the
        Public Health Service Act (42 U.S.C. 247d-6b(a)) is amended by
        adding at the end the following:
            ``(6) Transfers of items.--The Secretary, in coordination with
        the Secretary of Homeland Security, may sell drugs, vaccines and
        other biological products, medical devices, or other supplies
        maintained in the stockpile under paragraph (1) to a Federal agency
        or private, nonprofit, State, local, tribal, or territorial entity
        for immediate use and distribution, provided that any such items
        being sold are--
                ``(A) within 1 year of their expiration date; or
                ``(B) determined by the Secretary to no longer be needed in
            the stockpile due to advances in medical or technical
            capabilities.''.
        (g) Compliance With International Agreements.--The President or the
    President's designee shall take all necessary steps, including invoking
    the rights of the United States under Article III of the World Trade
    Organization's Agreement on Government Procurement and the relevant
    exceptions of other relevant agreements to which the United States is a
    party, to ensure that the international obligations of the United
    States are consistent with the provisions of this subtitle.

                           TITLE X--ASSET CONCESSIONS

    SEC. 71001. ASSET CONCESSIONS.
        (a) Establishment of Program.--
            (1) In general.--Chapter 6 of title 23, United States Code, is
        amended by adding at the end the following:
    ``Sec. 611. Asset concessions and innovative finance assistance
        ``(a) Definitions.--In this section:
            ``(1) Approved infrastructure asset.--The term `approved
        infrastructure asset' means--
                ``(A) a project (as defined in section 601(a)); and
                ``(B) a group of projects (as defined in section 601(a))
            considered together in a single asset concession or long-term
            lease to a concessionaire by 1 or more eligible entities.
            ``(2) Asset concession.--The term `asset concession' means a
        contract between an eligible entity and a concessionaire--
                ``(A) under which--
                    ``(i) the eligible entity agrees to enter into a
                concession agreement or long-term lease with the
                concessionaire relating to an approved infrastructure asset
                owned, controlled, or maintained by the eligible entity;
                    ``(ii) as consideration for the agreement or lease
                described in clause (i), the concessionaire agrees--

                        ``(I) to provide to the eligible entity 1 or more
                    asset concession payments; and
                        ``(II) to maintain or exceed the condition,
                    performance, and service level of the approved
                    infrastructure asset, as compared to that condition,
                    performance, and service level on the date of execution
                    of the agreement or lease; and

                    ``(iii) the eligible entity and the concessionaire
                agree that the costs for a fiscal year of the agreement or
                lease, and any project carried out under the agreement or
                lease, shall not be shifted to any taxpayer the annual
                household income of whom is less than $400,000 per year,
                including through taxes, user fees, tolls, or any other
                measure, for use of an approved infrastructure asset; and
                ``(B) the terms of which do not include any noncompete or
            exclusivity restriction (or any other, similar restriction) on
            the approval of another project.
            ``(3) Asset concession payment.--The term `asset concession
        payment' means a payment that--
                ``(A) is made by a concessionaire to an eligible entity for
            fair market value that is determined as part of the asset
            concession; and
                ``(B) may be--
                    ``(i) a payment made at the financial close of an asset
                concession; or
                    ``(ii) a series of payments scheduled to be made for--

                        ``(I) a fixed period; or
                        ``(II) the term of an asset concession.

            ``(4) Concessionaire.--The term `concessionaire' means a
        private individual or a private or publicly chartered corporation
        or entity that enters into an asset concession with an eligible
        entity.
            ``(5) Eligible entity.--
                ``(A) In general.--The term `eligible entity' means an
            entity described in subparagraph (B) that--
                    ``(i) owns, controls, or maintains an approved
                infrastructure asset; and
                    ``(ii) has the legal authority to enter into a contract
                to transfer ownership, maintenance, operations, revenues,
                or other benefits and responsibilities for an approved
                infrastructure asset.
                ``(B) Entities described.--An entity referred to in
            subparagraph (A) is any of the following:
                    ``(i) A State.
                    ``(ii) A Tribal government.
                    ``(iii) A unit of local government.
                    ``(iv) An agency or instrumentality of a State, Tribal
                government, or unit of local government.
                    ``(v) A special purpose district or public authority.
        ``(b) Establishment.--The Secretary shall establish a program to
    facilitate access to expert services for, and to provide grants to,
    eligible entities to enhance the technical capacity of eligible
    entities to facilitate and evaluate public-private partnerships in
    which the private sector partner could assume a greater role in project
    planning, development, financing, construction, maintenance, and
    operation, including by assisting eligible entities in entering into
    asset concessions.
        ``(c) Applications.--To be eligible to receive a grant under this
    section, an eligible entity shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require.
        ``(d) Eligible Activities.--
            ``(1) Technical assistance grants.--An eligible entity may use
        amounts made available from a grant under this section for
        technical assistance to build the organizational capacity of the
        eligible entity to develop, review, or enter into an asset
        concession, including for--
                ``(A) identifying appropriate assets or projects for asset
            concessions;
                ``(B) soliciting and negotiating asset concessions,
            including hiring staff in public agencies;
                ``(C) conducting a value-for-money analysis, or a
            comparable analysis, to evaluate the comparative benefits of
            asset concessions and public debt or other procurement methods;
                ``(D) evaluating options for the structure and use of asset
            concession payments;
                ``(E) evaluating and publicly presenting the risks and
            benefits of all contract provisions for the purpose of
            transparency and accountability;
                ``(F) identifying best practices to protect the public
            interest and priorities;
                ``(G) identifying best practices for managing
            transportation demand and mobility along a corridor, including
            through provisions of the asset concession, to facilitate
            transportation demand management strategies along the corridor
            that is subject to the asset concession; and
                ``(H) integrating and coordinating pricing, data, and fare
            collection with other regional operators that exist or may be
            developed.
            ``(2) Expert services.--An eligible entity seeking to leverage
        public and private funding in connection with the development of an
        early-stage approved infrastructure asset, including in the
        development of alternative approaches to project delivery or
        procurement, may use amounts made available from a grant under this
        section to retain the services of an expert firm to provide to the
        eligible entity direct project level assistance, which services may
        include--
                ``(A) project planning, feasibility studies, revenue
            forecasting, economic assessments and cost-benefit analyses,
            public benefit studies, value-for-money analyses, business case
            development, lifecycle cost analyses, risk assessment,
            financing and funding options analyses, procurement
            alternatives analyses, statutory and regulatory framework
            analyses and other pre-procurement and pre-construction
            activities;
                ``(B) financial and legal planning (including the
            identification of statutory authorization, funding, and
            financing options);
                ``(C) early assessment of permitting, environmental review,
            and regulatory processes and costs; and
                ``(D) assistance with entering into an asset concession.
        ``(e) Distribution.--
            ``(1) Maximum amount.--
                ``(A) Technical assistance grants.--The maximum amount of a
            technical assistance grant under subsection (d)(1) shall be
            $2,000,000.
                ``(B) Expert services.--The maximum amount of the value of
            expert services retained by an eligible entity under subsection
            (d)(2) shall be $2,000,000.
            ``(2) Cost sharing.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the Federal share of the cost of an activity carried out under
            this section may be up to 100 percent.
                ``(B) Certain projects.--If the amount of the grant
            provided to an eligible entity under this section is more than
            $1,000,000, the Federal share of the cost of an activity
            carried out using grant amounts in excess of $1,000,000 shall
            be 50 percent.
            ``(3) Statewide maximum.--The aggregate amount made available
        under this section to eligible entities within a State shall not
        exceed, on a cumulative basis for all eligible entities within the
        State during any 3-year period, $4,000,000.
        ``(f) Requirements.--
            ``(1) In general.--The Secretary shall ensure that, as a
        condition of receiving a grant under this section, for any asset
        concession for which the grant provides direct assistance--
                ``(A) the asset concession shall not prohibit, discourage,
            or make it more difficult for an eligible entity to construct
            new infrastructure, to provide or expand transportation
            services, or to manage associated infrastructure in publicly
            beneficial ways, along a transportation corridor or in the
            proximity of a transportation facility that was a part of the
            asset concession;
                ``(B) the eligible entity shall have adopted binding rules
            to publish all major business terms of the proposed asset
            concession not later than the date that is 30 days before
            entering into the asset concession, to enable public review,
            including a certification of public interest based on the
            results of an assessment under subparagraph (D);
                ``(C) the asset concession shall not result in
            displacement, job loss, or wage reduction for the existing
            workforce of the eligible entity or other public entities;
                ``(D) the eligible entity or the concessionaire shall carry
            out a value-for-money analysis, or similar assessment, to
            compare the aggregate costs and benefits to the eligible entity
            of the asset concession against alternative options to
            determine whether the asset concession generates additional
            public benefits and serves the public interest;
                ``(E) the full amount of any asset concession payment
            received by the eligible entity under the asset concession,
            less any amount paid for transaction costs relating to the
            asset concession, shall be used to pay infrastructure costs of
            the eligible entity; and
                ``(F) the terms of the asset concession shall not result in
            any increase in costs under the asset concession being shifted
            to taxpayers the annual household income of whom is less than
            $400,000 per year, including through taxes, user fees, tolls,
            or any other measure, for use of an approved infrastructure
            asset.
            ``(2) Audit.--Not later than 3 years after the date on which an
        eligible entity enters into an asset concession as a result of a
        grant under this section--
                ``(A) the eligible entity shall hire an independent auditor
            to evaluate the performance of the concessionaire based on the
            requirements described in paragraph (1); and
                ``(B) the independent auditor shall submit to the eligible
            entity, and make publicly available, a report describing the
            results of the audit under subparagraph (A).
            ``(3) Treatment.--Unless otherwise provided under paragraph
        (1), the Secretary shall not, as a condition of receiving a grant
        under this section, prohibit or otherwise prevent an eligible
        entity from entering into, or receiving any asset concession
        payment under, an asset concession for an approved infrastructure
        asset owned, controlled, or maintained by the eligible entity.
            ``(4) Applicability of federal laws.--Nothing in this section
        exempts a concessionaire or an eligible entity from a compliance
        obligation with respect to any applicable Federal or State law that
        would otherwise apply to the concessionaire, the eligible entity,
        or an approved infrastructure asset.
        ``(g) Funding.--
            ``(1) In general.--On October 1, 2021, and on each October 1
        thereafter through October 1, 2025, out of any funds in the
        Treasury not otherwise appropriated, the Secretary of the Treasury
        shall transfer to the Secretary to carry out this section
        $20,000,000, to remain available until expended.
            ``(2) Receipt and acceptance.--The Secretary shall be entitled
        to receive, shall accept, and shall use to carry out this section
        the funds transferred under paragraph (1), without further
        appropriation.''.
            (2) Clerical amendment.--The analysis for chapter 6 of title
        23, United States Code, is amended by adding at the end the
        following:
    ``611. Asset concessions and innovative finance assistance.''.

        (b) Asset Recycling Report.--Not later than August 1, 2024, the
    Secretary shall submit to Congress a report that includes--
            (1) an analysis of any impediments in applicable laws,
        regulations, and practices to increased use of public-private
        partnerships and private investment in transportation improvements;
        and
            (2) proposals for approaches that address those impediments
        while continuing to protect the public interest and any public
        investment in transportation improvements.

                    TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

    SEC. 71101. CLEAN SCHOOL BUS PROGRAM.
        Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
    amended to read as follows:
        ``SEC. 741. CLEAN SCHOOL BUS PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Administrator.--The term `Administrator' means the
        Administrator of the Environmental Protection Agency.
            ``(2) Alternative fuel.--The term `alternative fuel' means
        liquefied natural gas, compressed natural gas, hydrogen, propane,
        or biofuels.
            ``(3) Clean school bus.--The term `clean school bus' means a
        school bus that--
                ``(A) the Administrator certifies reduces emissions and is
            operated entirely or in part using an alternative fuel; or
                ``(B) is a zero-emission school bus.
            ``(4) Eligible contractor.--The term `eligible contractor'
        means a contractor that is a for-profit, not-for-profit, or
        nonprofit entity that has the capacity--
                ``(A) to sell clean school buses, zero-emission school
            buses, charging or fueling infrastructure, or other equipment
            needed to charge, fuel, or maintain clean school buses or zero-
            emission school buses, to individuals or entities that own a
            school bus or a fleet of school buses; or
                ``(B) to arrange financing for such a sale.
            ``(5) Eligible recipient.--
                ``(A) In general.--Subject to subparagraph (B), the term
            `eligible recipient' means--
                    ``(i) 1 or more local or State governmental entities
                responsible for--

                        ``(I) providing school bus service to 1 or more
                    public school systems; or
                        ``(II) the purchase of school buses;

                    ``(ii) an eligible contractor;
                    ``(iii) a nonprofit school transportation association;
                or
                    ``(iv) an Indian Tribe (as defined in section 4 of the
                Indian Self-Determination and Education Assistance Act (25
                U.S.C. 5304)), Tribal organization (as defined in that
                section), or tribally controlled school (as defined in
                section 5212 of the Tribally Controlled Schools Act of 1988
                (25 U.S.C. 2511)) that is responsible for--

                        ``(I) providing school bus service to 1 or more
                    Bureau-funded schools (as defined in section 1141 of
                    the Education Amendments of 1978 (25 U.S.C. 2021)); or
                        ``(II) the purchase of school buses.

                ``(B) Special requirements.--In the case of eligible
            recipients identified under clauses (ii) and (iii) of
            subparagraph (A), the Administrator shall establish timely and
            appropriate requirements for notice and shall establish timely
            and appropriate requirements for approval by the public school
            systems that would be served by buses purchased using award
            funds made available under this section.
            ``(6) High-need local educational agency.--The term `high-need
        local educational agency' means a local educational agency (as
        defined in section 8101 of the Elementary and Secondary Education
        Act of 1965 (20 U.S.C. 7801)) that is among the local educational
        agencies in the applicable State with high percentages of children
        counted under section 1124(c) of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 6333(c)), on the basis of the most
        recent satisfactory data available, as determined by the Secretary
        of Education (or, for a local educational agency for which no such
        data is available, such other data as the Secretary of Education
        determines to be satisfactory).
            ``(7) School bus.--The term `school bus' has the meaning given
        the term `schoolbus' in section 30125(a) of title 49, United States
        Code.
            ``(8) Zero-emission school bus.--The term `zero-emission school
        bus' means a school bus that is certified by the Administrator to
        have a drivetrain that produces, under any possible operational
        mode or condition, zero exhaust emission of--
                ``(A) any air pollutant that is listed pursuant to section
            108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any
            precursor to such an air pollutant); and
                ``(B) any greenhouse gas.
        ``(b) Program for Replacement of Existing School Buses With Clean
    School Buses and Zero-emission School Buses.--
            ``(1) Establishment.--The Administrator shall establish a
        program--
                ``(A) to award grants and rebates on a competitive basis to
            eligible recipients for the replacement of existing school
            buses with clean school buses;
                ``(B) to award grants and rebates on a competitive basis to
            eligible recipients for the replacement of existing school
            buses with zero-emission school buses;
                ``(C) to award contracts to eligible contractors to provide
            rebates for the replacement of existing school buses with clean
            school buses; and
                ``(D) to award contracts to eligible contractors to provide
            rebates for the replacement of existing school buses with zero-
            emission school buses.
            ``(2) Allocation of funds.--Of the amounts made available for
        awards under paragraph (1) in a fiscal year, the Administrator
        shall award--
                ``(A) 50 percent to replace existing school buses with
            zero-emission school buses; and
                ``(B) 50 percent to replace existing school buses with
            clean school buses and zero-emission school buses.
            ``(3) Considerations.--In making awards under paragraph (2)(B),
        the Administrator shall take into account the following criteria
        and shall not give preference to any individual criterion:
                ``(A) Lowest overall cost of bus replacement.
                ``(B) Local conditions, including the length of bus routes
            and weather conditions.
                ``(C) Technologies that most reduce emissions.
                ``(D) Whether funds will bring new technologies to scale or
            promote cost parity between old technology and new technology.
            ``(4) Priority of applications.--In making awards under
        paragraph (1), the Administrator may prioritize applicants that--
                ``(A) propose to replace school buses that serve--
                    ``(i) a high-need local educational agency;
                    ``(ii) a Bureau-funded school (as defined in section
                1141 of the Education Amendments of 1978 (25 U.S.C. 2021));
                or
                    ``(iii) a local educational agency that receives a
                basic support payment under section 7003(b)(1) of the
                Elementary and Secondary Education Act of 1965 (20 U.S.C.
                7703(b)(1)) for children who reside on Indian land;
                ``(B) serve rural or low-income areas; or
                ``(C) propose to complement the assistance received through
            the award by securing additional sources of funding for the
            activities supported through the award, such as through--
                    ``(i) public-private partnerships;
                    ``(ii) grants from other entities; or
                    ``(iii) issuance of school bonds.
            ``(5) Use of school bus fleet.--All clean school buses and
        zero-emission school buses acquired with funds provided under this
        section shall--
                ``(A) be operated as part of the school bus fleet for which
            the award was made for not less than 5 years;
                ``(B) be maintained, operated, and charged or fueled
            according to manufacturer recommendations or State
            requirements; and
                ``(C) not be manufactured or retrofitted with, or otherwise
            have installed, a power unit or other technology that creates
            air pollution within the school bus, such as an unvented diesel
            passenger heater.
            ``(6) Awards.--
                ``(A) In general.--In making awards under paragraph (1),
            the Administrator may make awards for up to 100 percent of the
            costs for replacement of existing school buses with clean
            school buses, zero-emission school buses, and charging or
            fueling infrastructure.
                ``(B) Structuring awards.--In making an award under
            paragraph (1)(A), the Administrator shall decide whether to
            award a grant or rebate, or a combination thereof, based
            primarily on how best to facilitate replacing existing school
            buses with clean school buses or zero-emission school buses, as
            applicable.
            ``(7) Deployment and distribution.--
                ``(A) In general.--The Administrator shall--
                    ``(i) to the maximum extent practicable, achieve
                nationwide deployment of clean school buses and zero-
                emission school buses through the program under this
                section; and
                    ``(ii) ensure a broad geographic distribution of
                awards.
                ``(B) Limitation.--The Administrator shall ensure that the
            amount received by all eligible entities in a State from grants
            and rebates under this section does not exceed 10 percent of
            the amounts made available to carry out this section during a
            fiscal year.
            ``(8) Annual report.--Not later than January 31 of each year,
        the Administrator shall submit to Congress a report that evaluates
        the implementation of this section and describes--
                ``(A) the total number of applications received;
                ``(B) the quantity and amount of grants and rebates awarded
            and the location of the recipients of the grants and rebates;
                ``(C) the criteria used to select the recipients; and
                ``(D) any other information the Administrator considers
            appropriate.
        ``(c) Education and Outreach.--
            ``(1) In general.--Not later than 120 days after the date of
        enactment of the Infrastructure Investment and Jobs Act, the
        Administrator shall develop an education and outreach program to
        promote and explain the award program under this section.
            ``(2) Coordination with stakeholders.--The education and
        outreach program under paragraph (1) shall be designed and
        conducted in conjunction with interested stakeholders.
            ``(3) Components.--The education and outreach program under
        paragraph (1) shall--
                ``(A) inform potential award recipients on the process of
            applying for awards and fulfilling the requirements of awards;
                ``(B) describe the available technologies and the benefits
            of using the technologies;
                ``(C) explain the benefits and costs incurred by
            participating in the award program;
                ``(D) make available information regarding best practices,
            lessons learned, and technical and other information
            regarding--
                    ``(i) clean school bus and zero-emission school bus
                acquisition and deployment;
                    ``(ii) the build-out of associated infrastructure and
                advance planning with the local electricity supplier;
                    ``(iii) workforce development, training, and Registered
                Apprenticeships that meet the requirements under parts 29
                and 30 of title 29, Code of Federal Regulations (as in
                effect on December 1, 2019); and
                    ``(iv) any other information that is necessary, as
                determined by the Administrator; and
                ``(E) include, as appropriate, information from the annual
            report required under subsection (b)(7).
        ``(d) Administrative Costs.--The Administrator may use, for the
    administrative costs of carrying out this section, not more than 3
    percent of the amounts made available to carry out this section for any
    fiscal year.
        ``(e) Regulations.--The Administrator shall have the authority to
    issue such regulations or other guidance, forms, instructions, and
    publications as may be necessary or appropriate to carry out the
    programs, projects, or activities authorized under this section,
    including to ensure that such programs, projects, or activities are
    completed in a timely and effective manner, result in emissions
    reductions, and maximize public health benefits.
        ``(f) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator to carry out this section, to remain
    available until expended, $1,000,000,000 for each of fiscal years 2022
    through 2026, of which--
            ``(1) $500,000,000 shall be made available for the adoption of
        clean school buses and zero-emission school buses; and
            ``(2) $500,000,000 shall be made available for the adoption of
        zero-emission school buses.''.
    SEC. 71102. ELECTRIC OR LOW-EMITTING FERRY PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Alternative fuel.--The term ``alternative fuel'' means--
                (A) methanol, denatured ethanol, and other alcohols;
                (B) a mixture containing at least 85 percent of methanol,
            denatured ethanol, and other alcohols by volume with gasoline
            or other fuels;
                (C) natural gas;
                (D) liquefied petroleum gas;
                (E) hydrogen;
                (F) fuels (except alcohol) derived from biological
            materials;
                (G) electricity (including electricity from solar energy);
            and
                (H) any other fuel the Secretary prescribes by regulation
            that is not substantially petroleum and that would yield
            substantial energy security and environmental benefits.
            (2) Electric or low-emitting ferry.--The term ``electric or
        low-emitting ferry'' means a ferry that reduces emissions by
        utilizing alternative fuels or onboard energy storage systems and
        related charging infrastructure to reduce emissions or produce zero
        onboard emissions under normal operation.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Transportation.
        (b) Establishment.--The Secretary shall carry out a pilot program
    to provide grants for the purchase of electric or low-emitting ferries
    and the electrification of or other reduction of emissions from
    existing ferries.
        (c) Requirement.--In carrying out the pilot program under this
    section, the Secretary shall ensure that--
            (1) not less than 1 grant under this section shall be for a
        ferry service that serves the State with the largest number of
        Marine Highway System miles; and
            (2) not less than 1 grant under this section shall be for a bi-
        State ferry service--
                (A) with an aging fleet; and
                (B) whose development of zero and low emission power source
            ferries will propose to advance the state of the technology
            toward increasing the range and capacity of zero emission power
            source ferries.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    each of fiscal years 2022 through 2026.
    SEC. 71103. FERRY SERVICE FOR RURAL COMMUNITIES.
        (a) Definitions.--In this section:
            (1) Basic essential ferry service.--The term ``basic essential
        ferry service'' means scheduled ferry transportation service.
            (2) Eligible service.--The term ``eligible service'' means a
        ferry service that--
                (A) operated a regular schedule at any time during the 5-
            year period ending on March 1, 2020; and
                (B) served not less than 2 rural areas located more than 50
            sailing miles apart.
            (3) Rural area.--The term ``rural area'' has the meaning given
        the term in section 5302 of title 49, United States Code.
            (4) Secretary.--The term ``Secretary'' means the Secretary of
        Transportation.
        (b) Establishment.--The Secretary shall establish a program to
    ensure that basic essential ferry service is provided to rural areas by
    providing funds to States to provide such basic essential ferry
    service.
        (c) Program Criteria.--The Secretary shall establish requirements
    and criteria for participation in the program under this section,
    including requirements for the provision of funds to States.
        (d) Waivers.--The Secretary shall establish criteria for the waiver
    of any requirement under this section.
        (e) Treatment.--
            (1) Not attributable to urbanized areas.--An eligible service
        that receives funds from a State under this section shall not be
        attributed to an urbanized area for purposes of apportioning funds
        under chapter 53 of title 49, United States Code.
            (2) No receipt of certain apportioned funds.--An eligible
        service that receives funds from a State under this section shall
        not receive funds apportioned under section 5336 or 5337 of title
        49, United States Code, in the same fiscal year.
        (f) Funding.--There is authorized to be appropriated to the
    Secretary to carry out this section $200,000,000 for each of fiscal
    years 2022 through 2026.
        (g) Operating Costs.--
            (1) Section 147 of title 23, United States Code, is amended by
        adding at the end the following:
        ``(k) Additional Uses.--Notwithstanding any other provision of law,
    in addition to other uses of funds under this section, an eligible
    entity may use amounts made available under this section to pay the
    operating costs of the eligible entity.''.
            (2) Section 218(c) of title 23, United States Code (as amended
        by section 11116 of division A), is amended by inserting
        ``operation, repair,'' after ``purchase,''.
    SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING,
    CONSTRUCTING, AND EXPANDING CERTAIN FACILITIES.
        Section 509 of the Indian Health Care Improvement Act (25 U.S.C.
    1659) is amended--
            (1) by striking ``minor'' before ``renovations''; and
            (2) by striking ``, to assist'' and all that follows through
        ``standards''.

                         DIVISION H--REVENUE PROVISIONS
                          TITLE I--HIGHWAY TRUST FUND

    SEC. 80101. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
        (a) Highway Trust Fund.--Section 9503 of the Internal Revenue Code
    of 1986 is amended--
            (1) by striking ``October 1, 2021'' in subsections (b)(6)(B),
        (c)(1), and (e)(3) and inserting ``October 1, 2026'', and
            (2) by striking ``Continuing Appropriations Act, 2021 and Other
        Extensions Act'' in subsections (c)(1) and (e)(3) and inserting
        ``Infrastructure Investment and Jobs Act''.
        (b) Sport Fish Restoration and Boating Trust Fund.--Section 9504 of
    such Code is amended--
            (1) by striking ``Continuing Appropriations Act, 2021 and Other
        Extensions Act'' each place it appears in subsection (b)(2) and
        inserting ``Infrastructure Investment and Jobs Act'', and
            (2) by striking ``October 1, 2021'' in subsection (d)(2) and
        inserting ``October 1, 2026''.
        (c) Leaking Underground Storage Tank Trust Fund.--Section
    9508(e)(2) of such Code is amended by striking ``October 1, 2021'' and
    inserting ``October 1, 2026''.
    SEC. 80102. EXTENSION OF HIGHWAY-RELATED TAXES.
        (a) In General.--
            (1) Each of the following provisions of the Internal Revenue
        Code of 1986 is amended by striking ``September 30, 2022'' and
        inserting ``September 30, 2028'':
                (A) Section 4041(a)(1)(C)(iii)(I).
                (B) Section 4041(m)(1)(B).
                (C) Section 4081(d)(1).
            (2) Each of the following provisions of such Code is amended by
        striking ``October 1, 2022'' and inserting ``October 1, 2028'':
                (A) Section 4041(m)(1)(A).
                (B) Section 4051(c).
                (C) Section 4071(d).
                (D) Section 4081(d)(3).
        (b) Extension of Tax, etc., on Use of Certain Heavy Vehicles.--Each
    of the following provisions of the Internal Revenue Code of 1986 is
    amended by striking ``2023'' each place it appears and inserting
    ``2029'':
            (1) Section 4481(f).
            (2) Subsections (c)(4) and (d) of section 4482.
        (c) Floor Stocks Refunds.--Section 6412(a)(1) of the Internal
    Revenue Code of 1986 is amended--
            (1) by striking ``October 1, 2022'' each place it appears and
        inserting ``October 1, 2028'';
            (2) by striking ``March 31, 2023'' each place it appears and
        inserting ``March 31, 2029''; and
            (3) by striking ``January 1, 2023'' and inserting ``January 1,
        2029''.
        (d) Extension of Certain Exemptions.--
            (1) Section 4221(a) of the Internal Revenue Code of 1986 is
        amended by striking ``October 1, 2022'' and inserting ``October 1,
        2028''.
            (2) Section 4483(i) of such Code is amended by striking
        ``October 1, 2023'' and inserting ``October 1, 2029''.
        (e) Extension of Transfers of Certain Taxes.--
            (1) In general.--Section 9503 of the Internal Revenue Code of
        1986 is amended--
                (A) in subsection (b)--
                    (i) by striking ``October 1, 2022'' each place it
                appears in paragraphs (1) and (2) and inserting ``October
                1, 2028'';
                    (ii) by striking ``October 1, 2022'' in the heading of
                paragraph (2) and inserting ``October 1, 2028'';
                    (iii) by striking ``September 30, 2022'' in paragraph
                (2) and inserting ``September 30, 2028''; and
                    (iv) by striking ``July 1, 2023'' in paragraph (2) and
                inserting ``July 1, 2029''; and
                (B) in subsection (c)(2), by striking ``July 1, 2023'' and
            inserting ``July 1, 2029''.
            (2) Motorboat and small-engine fuel tax transfers.--
                (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of section
            9503(c) of such Code are each amended by striking ``October 1,
            2022'' and inserting ``October 1, 2028''.
                (B) Conforming amendments to land and water conservation
            fund.--Section 200310 of title 54, United States Code, is
            amended--
                    (i) by striking ``October 1, 2023'' each place it
                appears and inserting ``October 1, 2029''; and
                    (ii) by striking ``October 1, 2022'' and inserting
                ``October 1, 2028''.
        (f) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2021.
    SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.
        Subsection (f) of section 9503 of the Internal Revenue Code of 1986
    is amended by redesignating paragraph (11) as paragraph (12) and
    inserting after paragraph (10) the following new paragraph:
            ``(11) Further transfers to trust fund.--Out of money in the
        Treasury not otherwise appropriated, there is hereby appropriated--
                ``(A) $90,000,000,000 to the Highway Account (as defined in
            subsection (e)(5)(B)) in the Highway Trust Fund; and
                ``(B) $28,000,000,000 to the Mass Transit Account in the
            Highway Trust Fund.''.

                          TITLE II--CHEMICAL SUPERFUND

    SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE
    TAXES.
        (a) Extension.--
            (1) In general.--Section 4661(c) of the Internal Revenue Code
        of 1986 is amended to read as follows:
        ``(c) Termination.--No tax shall be imposed by this section after
    December 31, 2031.''.
            (2) Imported substances.--Section 4671(e) of the Internal
        Revenue Code of 1986 is amended to read as follows:
        ``(e) Termination.--No tax shall be imposed by this section after
    December 31, 2031.''.
        (b) Modification of Rates.--
            (1) In general.--Section 4661(b) of the Internal Revenue Code
        of 1986 is amended to read as follows:
        ``(b) Amount of Tax.--The amount of tax imposed by subsection (a)
    shall be determined in accordance with the following table:

    ------------------------------------------------------------------------
                                                    The tax is the following
                  ``In the case of:                     amount per ton:
    ------------------------------------------------------------------------
    Acetylene....................................                      $9.74
    Benzene......................................                       9.74
    Butane.......................................                       9.74
    Butylene.....................................                       9.74
    Butadiene....................................                       9.74
    Ethylene.....................................                       9.74
    Methane......................................                       6.88
    Napthalene...................................                       9.74
    Propylene....................................                       9.74
    Toluene......................................                       9.74
    Xylene.......................................                       9.74
    Ammonia......................................                       5.28
    Antimony.....................................                       8.90
    Antimony trioxide............................                       7.50
    Arsenic......................................                       8.90
    Arsenic trioxide.............................                       6.82
    Barium sulfide...............................                       4.60
    Bromine......................................                       8.90
    Cadmium......................................                       8.90
    Chlorine.....................................                       5.40
    Chromium.....................................                       8.90
    Chromite.....................................                       3.04
    Potassium dichromate.........................                       3.38
    Sodium dichromate............................                       3.74
    Cobalt.......................................                       8.90
    Cupric sulfate...............................                       3.74
    Cupric oxide.................................                       7.18
    Cuprous oxide................................                       7.94
    Hydrochloric acid............................                       0.58
    Hydrogen fluoride............................                       8.46
    Lead oxide...................................                       8.28
    Mercury......................................                       8.90
    Nickel.......................................                       8.90
    Phosphorus...................................                       8.90
    Stannous chloride............................                       5.70
    Stannic chloride.............................                       4.24
    Zinc chloride................................                       4.44
    Zinc sulfate.................................                       3.80
    Potassium hydroxide..........................                       0.44
    Sodium hydroxide.............................                       0.56
    Sulfuric acid................................                       0.52
    Nitric acid..................................                   0.48.''.
    ------------------------------------------------------------------------

        ''.    (2) Rate on taxable substances where importer does not
        furnish information to the secretary.--Section 4671(b)(2) of such
        Code is amended by striking ``5 percent'' and inserting ``10
        percent''.
        (c) Rules Relating to Taxable Substances.--
            (1) Modification of determination of taxable substances.--
        Section 4672(a)(2)(B) of the Internal Revenue Code of 1986 is
        amended by striking ``50 percent'' each place it appears and
        inserting ``20 percent''.
            (2) Presumption as a taxable substance for prior
        determinations.--Except as otherwise determined by the Secretary of
        the Treasury (or the Secretary's delegate), any substance which was
        determined to be a taxable substance by reason of section
        4672(a)(2) of the Internal Revenue Code of 1986 prior to the date
        of enactment of this Act shall continue to be treated as a taxable
        substance for purposes of such section after such date.
            (3) Publication of initial list.--Not later than January 1,
        2022, the Secretary of the Treasury (or the Secretary's delegate)
        shall publish an initial list of taxable substances under section
        4672(a) of the Internal Revenue Code of 1986.
        (d) Effective Date.--The amendments made by this section shall take
    effect on July 1, 2022.

                          TITLE III--CUSTOMS USER FEES

    SEC. 80301. EXTENSION OF CUSTOMS USER FEES.
        (a) In General.--Section 13031(j)(3) of the Consolidated Omnibus
    Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended--
            (1) in subparagraph (A), by striking ``September 30, 2030'' and
        inserting ``September 30, 2031''; and
            (2) in subparagraph (B)(i), by striking ``September 30, 2030''
        and inserting ``September 30, 2031''.
        (b) Rate for Merchandise Processing Fees.--Section 503 of the
    United States-Korea Free Trade Agreement Implementation Act (Public Law
    112-41; 19 U.S.C. 3805 note) is amended by striking ``September 30,
    2030'' and inserting ``September 30, 2031''.

                           TITLE IV--BOND PROVISIONS

    SEC. 80401. PRIVATE ACTIVITY BONDS FOR QUALIFIED BROADBAND PROJECTS.
        (a) In General.--Section 142(a) of the Internal Revenue Code of
    1986 is amended by striking ``or'' at the end of paragraph (14), by
    striking the period at the end of paragraph (15) and inserting ``,
    or'', and by adding at the end the following new paragraph:
            ``(16) qualified broadband projects.''.
        (b) Qualified Broadband Projects.--Section 142 of such Code is
    amended by adding at the end the following new subsection:
        ``(n) Qualified Broadband Project.--
            ``(1) In general.--For purposes of subsection (a)(16), the term
        `qualified broadband project' means any project which--
                ``(A) is designed to provide broadband service solely to 1
            or more census block groups in which more than 50 percent of
            residential households do not have access to fixed, terrestrial
            broadband service which delivers at least 25 megabits per
            second downstream and at least 3 megabits service upstream, and
                ``(B) results in internet access to residential locations,
            commercial locations, or a combination of residential and
            commercial locations at speeds not less than 100 megabits per
            second for downloads and 20 megabits for second for uploads,
            but only if at least 90 percent of the locations provided such
            access under the project are locations where, before the
            project, a broadband service provider--
                    ``(i) did not provide service, or
                    ``(ii) did not provide service meeting the minimum
                speed requirements described in subparagraph (A).
            ``(2) Notice to broadband providers.--A project shall not be
        treated as a qualified broadband project unless, before the issue
        date of any issue the proceeds of which are to be used to fund the
        project, the issuer--
                ``(A) notifies each broadband service provider providing
            broadband service in the area within which broadband services
            are to be provided under the project of the project and its
            intended scope,
                ``(B) includes in such notice a request for information
            from each such provider with respect to the provider's ability
            to deploy, manage, and maintain a broadband network capable of
            providing gigabit capable Internet access to residential or
            commercial locations, and
                ``(C) allows each such provider at least 90 days to respond
            to such notice and request.''.
        (c) Partial Exception From Volume Cap.--
            (1) In general.--Section 146(g) of the Internal Revenue Code of
        1986 is amended by striking ``and'' at the end of paragraph (3), by
        striking the period at the end of paragraph (4) and inserting ``,
        and'', and by inserting immediately after paragraph (4) the
        following new paragraph:
            ``(5) 75 percent of any exempt facility bond issued as part of
        an issue described in paragraph (16) of section 142(a) (relating to
        qualified broadband projects).''.
            (2) Government-owned projects.--The last sentence of section
        146(g) of such Code is amended by striking ``Paragraph (4)'' and
        inserting ``Paragraphs (4) and (5)''.
        (d) Effective Date.--The amendments made by this section shall
    apply to obligations issued in calendar years beginning after the date
    of the enactment of this Act.
    SEC. 80402. CARBON DIOXIDE CAPTURE FACILITIES.
        (a) In General.--Section 142(a) of the Internal Revenue Code of
    1986, as amended by section 80401, is amended by striking ``or'' at the
    end of paragraph (15), by striking the period at the end of paragraph
    (16) and inserting ``, or'', and by adding at the end the following new
    paragraph:
            ``(17) qualified carbon dioxide capture facilities.''.
        (b) Qualified Carbon Dioxide Capture Facilities.--Section 142 of
    such Code, as amended by section 80401, is amended by adding at the end
    the following new subsection:
        ``(o) Qualified Carbon Dioxide Capture Facility.--
            ``(1) In general.--For purposes of subsection (a)(17), the term
        `qualified carbon dioxide capture facility' means--
                ``(A) the eligible components of an industrial carbon
            dioxide facility, and
                ``(B) a direct air capture facility (as defined in section
            45Q(e)(1)).
            ``(2) Definitions.--For purposes of this subsection:
                ``(A) Eligible component.--
                    ``(i) In general.--The term `eligible component' means
                any equipment which is installed in an industrial carbon
                dioxide facility that satisfies the requirements under
                paragraph (3) and which is--

                        ``(I) used for the purpose of capture, treatment
                    and purification, compression, transportation, or on-
                    site storage of carbon dioxide produced by the
                    industrial carbon dioxide facility, or
                        ``(II) integral or functionally related and
                    subordinate to a process which converts a solid or
                    liquid product from coal, petroleum residue, biomass,
                    or other materials which are recovered for their energy
                    or feedstock value into a synthesis gas composed
                    primarily of carbon dioxide and hydrogen for direct use
                    or subsequent chemical or physical conversion.

                    ``(ii) Definitions.--For purposes of this
                subparagraph--

                        ``(I) Biomass.--

                            ``(aa) In general.--The term `biomass' means
                        any--
                                ``(AA) agricultural or plant waste,
                                ``(BB) byproduct of wood or paper mill
                            operations, including lignin in spent pulping
                            liquors, and
                                ``(CC) other products of forestry
                            maintenance.
                            ``(bb) Exclusion.--The term `biomass' does not
                        include paper which is commonly recycled.

                        ``(II) Coal.--The term `coal' means anthracite,
                    bituminous coal, subbituminous coal, lignite, and peat.

                ``(B) Industrial carbon dioxide facility.--
                    ``(i) In general.--Except as provided in clause (ii),
                the term `industrial carbon dioxide facility' means a
                facility that emits carbon dioxide (including from any
                fugitive emissions source) that is created as a result of
                any of the following processes:

                        ``(I) Fuel combustion.
                        ``(II) Gasification.
                        ``(III) Bioindustrial.
                        ``(IV) Fermentation.
                        ``(V) Any manufacturing industry relating to--

                            ``(aa) chemicals,
                            ``(bb) fertilizers,
                            ``(cc) glass,
                            ``(dd) steel,
                            ``(ee) petroleum residues,
                            ``(ff) forest products,
                            ``(gg) agriculture, including feedlots and
                        dairy operations, and
                            ``(hh) transportation grade liquid fuels.
                    ``(ii) Exceptions.--For purposes of clause (i), an
                industrial carbon dioxide facility shall not include--

                        ``(I) any geological gas facility, or
                        ``(II) any air separation unit that--

                            ``(aa) does not qualify as gasification
                        equipment, or
                            ``(bb) is not a necessary component of an oxy-
                        fuel combustion process.
                    ``(iii) Definitions.--For purposes of this
                subparagraph--

                        ``(I) Petroleum residue.--The term `petroleum
                    residue' means the carbonized product of high-boiling
                    hydrocarbon fractions obtained in petroleum processing.
                        ``(II) Geological gas facility.--The term
                    `geological gas facility' means a facility that--

                            ``(aa) produces a raw product consisting of gas
                        or mixed gas and liquid from a geological
                        formation,
                            ``(bb) transports or removes impurities from
                        such product, or
                            ``(cc) separates such product into its
                        constituent parts.
            ``(3) Special rule for facilities with less than 65 percent
        capture and storage percentage.--
                ``(A) In general.--Subject to subparagraph (B), the
            eligible components of an industrial carbon dioxide facility
            satisfies the requirements of this paragraph if such eligible
            components are designed to have a capture and storage
            percentage (as determined under subparagraph (C)) that is equal
            to or greater than 65 percent.
                ``(B) Exception.--In the case of an industrial carbon
            dioxide facility designed with a capture and storage percentage
            that is less than 65 percent, the percentage of the cost of the
            eligible components installed in such facility that may be
            financed with tax-exempt bonds may not be greater than the
            designed capture and storage percentage.
                ``(C) Capture and storage percentage.--
                    ``(i) In general.--Subject to clause (ii), the capture
                and storage percentage shall be an amount, expressed as a
                percentage, equal to the quotient of--

                        ``(I) the total metric tons of carbon dioxide
                    designed to be annually captured, transported, and
                    injected into--

                            ``(aa) a facility for geologic storage, or
                            ``(bb) an enhanced oil or gas recovery well
                        followed by geologic storage, divided by

                        ``(II) the total metric tons of carbon dioxide
                    which would otherwise be released into the atmosphere
                    each year as industrial emission of greenhouse gas if
                    the eligible components were not installed in the
                    industrial carbon dioxide facility.

                    ``(ii) Limited application of eligible components.--In
                the case of eligible components that are designed to
                capture carbon dioxide solely from specific sources of
                emissions or portions thereof within an industrial carbon
                dioxide facility, the capture and storage percentage under
                this subparagraph shall be determined based only on such
                specific sources of emissions or portions thereof.
            ``(4) Regulations.--The Secretary shall issue such regulations
        or other guidance as are necessary to carry out the provisions of
        this subsection, including methods for determining costs
        attributable to an eligible component for purposes of paragraph
        (3)(A).''.
        (c) Volume Cap.--Section 146(g) of such Code, as amended by section
    80401, is amended by striking ``and'' at the end of paragraph (4), by
    striking the period at the end of paragraph (5) and inserting ``,
    and'', and by inserting immediately after paragraph (5) the following
    new paragraph:
            ``(6) 75 percent of any exempt facility bond issued as part of
        an issue described in paragraph (17) of section 142(a) (relating to
        qualified carbon dioxide capture facilities).''.
        (d) Clarification of Private Business Use.--Section 141(b)(6) of
    such Code is amended by adding at the end the following new
    subparagraph:
                ``(C) Clarification relating to qualified carbon dioxide
            capture facilities.--For purposes of this subsection, the sale
            of carbon dioxide produced by a qualified carbon dioxide
            capture facility (as defined in section 142(o)) which is owned
            by a governmental unit shall not constitute private business
            use.''.
        (e) Coordination With Credit for Carbon Oxide Sequestration.--
    Section 45Q(f) of such Code is amended by adding at the end the
    following new paragraph:
            ``(3) Credit reduced for certain tax-exempt bonds.--The amount
        of the credit determined under subsection (a) with respect to any
        project for any taxable year shall be reduced by the amount which
        is the product of the amount so determined for such year and the
        lesser of \1/2\ or a fraction--
                ``(A) the numerator of which is the sum, for the taxable
            year and all prior taxable years, of the proceeds from an issue
            described in section 142(a)(17) used to provide financing for
            the project the interest on which is exempt from tax under
            section 103, and
                ``(B) the denominator of which is the aggregate amount of
            additions to the capital account for the project for the
            taxable year and all prior taxable years.
        The amounts under the preceding sentence for any taxable year shall
        be determined as of the close of the taxable year.''.
        (f) Effective Date.--The amendments made by this section shall
    apply to obligations issued after December 31, 2021.
    SEC. 80403. INCREASE IN NATIONAL LIMITATION AMOUNT FOR QUALIFIED
    HIGHWAY OR SURFACE FREIGHT TRANSPORTATION FACILITIES.
        (a) In General.--Section 142(m)(2)(A) of the Internal Revenue Code
    of 1986 is amended by striking ``$15,000,000,000'' and inserting
    ``$30,000,000,000''.
        (b) Effective Date.--The amendment made by this section shall apply
    to bonds issued after the date of the enactment of this Act.

     TITLE V--RELIEF FOR TAXPAYERS AFFECTED BY DISASTERS OR OTHER CRITICAL
                                     EVENTS

    SEC. 80501. MODIFICATION OF AUTOMATIC EXTENSION OF CERTAIN DEADLINES IN
    THE CASE OF TAXPAYERS AFFECTED BY FEDERALLY DECLARED DISASTERS.
        (a) In General.--Section 7508A(d) of the Internal Revenue Code of
    1986 is amended--
            (1) in paragraph (1)--
                (A) by striking ``the latest incident date so specified''
            in subparagraph (B) and inserting ``the later of such earliest
            incident date described in subparagraph (A) or the date such
            declaration was issued'', and
                (B) by striking ``in the same manner as a period specified
            under subsection (a)'' and inserting ``in determining, under
            the internal revenue laws, in respect of any tax liability of
            such qualified taxpayer, whether any of the acts described in
            subparagraphs (A) through (F) of section 7508(a)(1) were
            performed within the time prescribed therefor (determined
            without regard to extension under any other provision of this
            subtitle for periods after the date determined under
            subparagraph (B))'',
            (2) by striking paragraph (3) and inserting the following:
            ``(3) Disaster area.--For purposes of this subsection, the term
        `disaster area' means an area in which a major disaster for which
        the President provides financial assistance under section 408 of
        the Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5174) occurs.'', and
            (3) by adding at the end the following:
            ``(6) Multiple declarations.--For purposes of paragraph (1), in
        the case of multiple declarations relating to a disaster area which
        are issued within a 60-day period, a separate period shall be
        determined under such paragraph with respect to each such
        declaration.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to federally declared disasters declared after the date of enactment of
    this Act.
    SEC. 80502. MODIFICATIONS OF RULES FOR POSTPONING CERTAIN ACTS BY
    REASON OF SERVICE IN COMBAT ZONE OR CONTINGENCY OPERATION.
        (a) In General.--Section 7508(a)(1) of the Internal Revenue Code of
    1986 is amended--
            (1) by striking subparagraph (C) and inserting the following:
                ``(C) Filing a petition with the Tax Court, or filing a
            notice of appeal from a decision of the Tax Court;'', and
            (2) by inserting ``or in respect of any erroneous refund''
        after ``any tax'' in subparagraph (J).
        (b) Effective Date.--The amendments made by this section shall
    apply to any period for performing an act which has not expired before
    the date of the enactment of this Act.
    SEC. 80503. TOLLING OF TIME FOR FILING A PETITION WITH THE TAX COURT.
        (a) In General.--Section 7451 of the Internal Revenue Code of 1986
    is amended--
            (1) by striking ``The Tax Court'' and inserting the following:
        ``(a) Fees.--The Tax Court'', and
            (2) by adding at the end the following new subsection:
        ``(b) Tolling of Time in Certain Cases.--
            ``(1) In general.--Notwithstanding any other provision of this
        title, in any case (including by reason of a lapse in
        appropriations) in which a filing location is inaccessible or
        otherwise unavailable to the general public on the date a petition
        is due, the relevant time period for filing such petition shall be
        tolled for the number of days within the period of inaccessibility
        plus an additional 14 days.
            ``(2) Filing location.--For purposes of this subsection, the
        term `filing location' means--
                ``(A) the office of the clerk of the Tax Court, or
                ``(B) any on-line portal made available by the Tax Court
            for electronic filing of petitions.''.
        (b) Conforming Amendments.--
            (1) The heading for section 7451 of the Internal Revenue Code
        of 1986 is amended by striking ``fee for filing petition'' and
        inserting ``petitions''.
            (2) The item in the table of contents for part II of subchapter
        C of chapter 76 of such Code is amended by striking ``Fee for
        filing petition'' and inserting ``Petitions''.
        (c) Effective Date.--The amendments made by this section shall
    apply to petitions required to be timely filed (determined without
    regard to the amendments made by this section) after the date of
    enactment of this Act.
    SEC. 80504. AUTHORITY TO POSTPONE CERTAIN TAX DEADLINES BY REASON OF
    SIGNIFICANT FIRES.
        (a) In General.--Section 7508A of the Internal Revenue Code of 1986
    is amended--
            (1) by inserting ``, a significant fire,'' after ``federally
        declared disaster (as defined in section 165(i)(5)(A))'' in
        subsection (a),
            (2) by inserting ``, fire,'' after ``disaster'' each place it
        appears in subsections (a)(1) and (b), and
            (3) by adding at the end the following new subsection:
        ``(e) Significant Fire.--For purposes of this section, the term
    `significant fire' means any fire with respect to which assistance is
    provided under section 420 of the Robert T. Stafford Disaster Relief
    and Emergency Assistance Act.''.
        (b) Conforming Amendments.--
            (1) The heading of section 7508A of the Internal Revenue Code
        of 1986 is amended by striking ``presidentially declared disaster''
        and inserting ``federally declared disaster, significant fire,''.
            (2) The item relating to section 7508A in the table of sections
        for chapter 77 of such Code is amended by striking ``Presidentially
        declared disaster'' and inserting ``Federally declared disaster,
        significant fire,''.
        (c) Effective Date.--The amendments made by this section shall
    apply to fires for which assistance is provided after the date of the
    enactment of this Act.

                           TITLE VI--OTHER PROVISIONS

    SEC. 80601. MODIFICATION OF TAX TREATMENT OF CONTRIBUTIONS TO THE
    CAPITAL OF A CORPORATION.
        (a) In General.--Section 118 of the Internal Revenue Code of 1986
    is amended--
            (1) in subsection (b), by inserting ``except as provided in
        subsection (c),'' after ``For purposes of subsection (a),'',
            (2) by redesignating subsection (d) as subsection (e), and
            (3) by striking subsection (c) and inserting the following:
        ``(c) Special Rules for Water and Sewerage Disposal Utilities.--
            ``(1) General rule.--For purposes of this section, the term
        `contribution to the capital of the taxpayer' includes any amount
        of money or other property received from any person (whether or not
        a shareholder) by a regulated public utility which provides water
        or sewerage disposal services if--
                ``(A) such amount is--
                    ``(i) a contribution in aid of construction, or
                    ``(ii) a contribution to the capital of such utility by
                a governmental entity providing for the protection,
                preservation, or enhancement of drinking water or sewerage
                disposal services,
                ``(B) in the case of a contribution in aid of construction
            which is property other than water or sewerage disposal
            facilities, such amount meets the requirements of the
            expenditure rule of paragraph (2), and
                ``(C) such amount (or any property acquired or constructed
            with such amount) is not included in the taxpayer's rate base
            for ratemaking purposes.
            ``(2) Expenditure rule.--An amount meets the requirements of
        this paragraph if--
                ``(A) an amount equal to such amount is expended for the
            acquisition or construction of tangible property described in
            section 1231(b)--
                    ``(i) which is the property for which the contribution
                was made or is of the same type as such property, and
                    ``(ii) which is used predominantly in the trade or
                business of furnishing water or sewerage disposal services,
                ``(B) the expenditure referred to in subparagraph (A)
            occurs before the end of the second taxable year after the year
            in which such amount was received, and
                ``(C) accurate records are kept of the amounts contributed
            and expenditures made, the expenditures to which contributions
            are allocated, and the year in which the contributions and
            expenditures are received and made.
            ``(3) Definitions.--For purposes of this subsection--
                ``(A) Contribution in aid of construction.--The term
            `contribution in aid of construction' shall be defined by
            regulations prescribed by the Secretary, except that such term
            shall not include amounts paid as service charges for starting
            or stopping services.
                ``(B) Predominantly.--The term `predominantly' means 80
            percent or more.
                ``(C) Regulated public utility.--The term `regulated public
            utility' has the meaning given such term by section
            7701(a)(33), except that such term shall not include any
            utility which is not required to provide water or sewerage
            disposal services to members of the general public in its
            service area.
            ``(4) Disallowance of deductions and credits; adjusted basis.--
        Notwithstanding any other provision of this subtitle, no deduction
        or credit shall be allowed for, or by reason of, any expenditure
        which constitutes a contribution in aid of construction to which
        this subsection applies. The adjusted basis of any property
        acquired with contributions in aid of construction to which this
        subsection applies shall be zero.
        ``(d) Statute of Limitations.--If the taxpayer for any taxable year
    treats an amount as a contribution to the capital of the taxpayer
    described in subsection (c)(1)(A)(i), then--
            ``(1) the statutory period for the assessment of any deficiency
        attributable to any part of such amount shall not expire before the
        expiration of 3 years from the date the Secretary is notified by
        the taxpayer (in such manner as the Secretary may prescribe) of--
                ``(A) the amount of the expenditure referred to in
            subparagraph (A) of subsection (c)(2),
                ``(B) the taxpayer's intention not to make the expenditures
            referred to in such subparagraph, or
                ``(C) a failure to make such expenditure within the period
            described in subparagraph (B) of subsection (c)(2), and
            ``(2) such deficiency may be assessed before the expiration of
        such 3-year period notwithstanding the provisions of any other law
        or rule of law which would otherwise prevent such assessment.''.
        (b) Effective Date.--The amendments made by this section shall
    apply to contributions made after December 31, 2020.
    SEC. 80602. EXTENSION OF INTEREST RATE STABILIZATION.
        (a) Funding Stabilization Under the Internal Revenue Code of
    1986.--The table in subclause (II) of section 430(h)(2)(C)(iv) of the
    Internal Revenue Code of 1986 is amended to read as follows:

    ----------------------------------------------------------------------------------------------------------------
                                                The applicable minimum
          ``If the calendar year is:                percentage is:           The applicable maximum percentage is:
    ----------------------------------------------------------------------------------------------------------------
    Any year in the period starting in      90%..........................  110%
     2012 and ending in 2019.
    Any year in the period starting in      95%..........................  105%
     2020 and ending in 2030.
    2031..................................  90%..........................  110%
    2032..................................  85%..........................  115%
    2033..................................  80%..........................  120%
    2034..................................  75%..........................  125%
    After 2034............................  70%..........................  130%.''.
    ----------------------------------------------------------------------------------------------------------------

        (b) Funding Stabilization Under Employee Retirement Income Security
    Act of 1974.--
            (1) In general.--The table in subclause (II) of section
        303(h)(2)(C)(iv) of the Employee Retirement Income Security Act of
        1974 (29 U.S.C. 1083(h)(2)(C)(iv)) is amended to read as follows:

    ----------------------------------------------------------------------------------------------------------------
                                                The applicable minimum
          ``If the calendar year is:                percentage is:           The applicable maximum percentage is:
    ----------------------------------------------------------------------------------------------------------------
    Any year in the period starting in      90%..........................  110%
     2012 and ending in 2019.
    Any year in the period starting in      95%..........................  105%
     2020 and ending in 2030.
    2031..................................  90%..........................  110%
    2032..................................  85%..........................  115%
    2033..................................  80%..........................  120%
    2034..................................  75%..........................  125%
    After 2034............................  70%..........................  130%.''.
    ----------------------------------------------------------------------------------------------------------------

            (2) Conforming amendments.--
                (A) In general.--Section 101(f)(2)(D) of such Act (29
            U.S.C. 1021(f)(2)(D)) is amended--
                    (i) in clause (i), by striking ``and the American
                Rescue Plan Act of 2021'' both places it appears and
                inserting ``, the American Rescue Plan Act of 2021, and the
                Infrastructure Investment and Jobs Act'', and
                    (ii) in clause (ii), by striking ``2029'' and inserting
                ``2034''.
                (B) Statements.--The Secretary of Labor shall modify the
            statements required under subclauses (I) and (II) of section
            101(f)(2)(D)(i) of such Act to conform to the amendments made
            by this section.
        (c) Effective Date.--The amendments made by this section shall
    apply with respect to plan years beginning after December 31, 2021.
    SEC. 80603. INFORMATION REPORTING FOR BROKERS AND DIGITAL ASSETS.
        (a) Clarification of Definition of Broker.--Section 6045(c)(1) of
    the Internal Revenue Code of 1986 is amended--
            (1) by striking ``and'' at the end of subparagraph (B),
            (2) in subparagraph (C)--
                (A) by striking ``any other person who (for a
            consideration)'' and inserting ``any person who (for
            consideration)'', and
                (B) by striking the period at the end and inserting ``,
            and'', and
            (3) by inserting after subparagraph (C) the following new
        subparagraph:
                ``(D) any person who (for consideration) is responsible for
            regularly providing any service effectuating transfers of
            digital assets on behalf of another person.''.
        (b) Reporting of Digital Assets.--
            (1) Brokers.--
                (A) Treatment as specified security.--Section 6045(g)(3)(B)
            of the Internal Revenue Code of 1986 is amended by striking
            ``and'' at the end of clause (iii), by redesignating clause
            (iv) as clause (v), and by inserting after clause (iii) the
            following new clause:
                    ``(iv) any digital asset, and''.
                (B) Definition of digital asset.--Section 6045(g)(3) of
            such Code is amended by adding at the end the following new
            subparagraph:
                ``(D) Digital asset.--Except as otherwise provided by the
            Secretary, the term `digital asset' means any digital
            representation of value which is recorded on a
            cryptographically secured distributed ledger or any similar
            technology as specified by the Secretary.''.
                (C) Applicable date.--Section 6045(g)(3)(C) of such Code is
            amended--
                    (i) in clause (ii), by striking ``and'' at the end,
                    (ii) by redesignating clause (iii) as clause (iv), and
                    (iii) by inserting after clause (ii) the following:
                    ``(iii) January 1, 2023, in the case of any specified
                security which is a digital asset, and''.
            (2) Furnishing of information.--
                (A) In general.--Section 6045A of such Code is amended--
                    (i) in subsection (a), by striking ``a security which
                is'', and
                    (ii) by adding at the end the following:
        ``(d) Return Requirement for Certain Transfers of Digital Assets
    Not Otherwise Subject to Reporting.--Any broker, with respect to any
    transfer (which is not part of a sale or exchange executed by such
    broker) during a calendar year of a covered security which is a digital
    asset from an account maintained by such broker to an account which is
    not maintained by, or an address not associated with, a person that
    such broker knows or has reason to know is also a broker, shall make a
    return for such calendar year, in such form as determined by the
    Secretary, showing the information otherwise required to be furnished
    with respect to transfers subject to subsection (a).''.
                (B) Reporting penalties.--Section 6724(d)(1)(B) of such
            Code is amended by striking ``or'' at the end of clause (xxv),
            by striking ``and'' at the end of clause (xxvi), and by
            inserting after clause (xxvi) the following new clause:
                    ``(xxvii) section 6045A(d) (relating to returns for
                certain digital assets),''.
            (3) Treatment as cash for purposes of section 6050i.--Section
        6050I(d) of such Code is amended by striking ``and'' at the end of
        paragraph (1), by striking the period at the end of paragraph (2)
        and inserting ``, and'', and by inserting after paragraph (2) the
        following new paragraph:
            ``(3) any digital asset (as defined in section
        6045(g)(3)(D)).''.
        (c) Effective Date.--The amendments made by this section shall
    apply to returns required to be filed, and statements required to be
    furnished, after December 31, 2023.
        (d) Rule of Construction.--Nothing in this section or the
    amendments made by this section shall be construed to create any
    inference, for any period prior to the effective date of such
    amendments, with respect to--
            (1) whether any person is a broker under section 6045(c)(1) of
        the Internal Revenue Code of 1986, or
            (2) whether any digital asset is property which is a specified
        security under section 6045(g)(3)(B) of such Code.
    SEC. 80604. TERMINATION OF EMPLOYEE RETENTION CREDIT FOR EMPLOYERS
    SUBJECT TO CLOSURE DUE TO COVID-19.
        (a) In General.--Section 3134 of the Internal Revenue Code of 1986
    is amended--
            (1) in subsection (c)(5)--
                (A) in subparagraph (A), by adding ``and'' at the end,
                (B) in subparagraph (B), by striking ``, and'' at the end
            and inserting a period, and
                (C) by striking subparagraph (C), and
            (2) in subsection (n), by striking ``January 1, 2022'' and
        inserting ``October 1, 2021 (or, in the case of wages paid by an
        eligible employer which is a recovery startup business, January 1,
        2022)''.
        (b) Effective Date.--The amendments made by this section shall
    apply to calendar quarters beginning after September 30, 2021.

                           DIVISION I--OTHER MATTERS

    SEC. 90001. EXTENSION OF DIRECT SPENDING REDUCTIONS THROUGH FISCAL YEAR
    2031.
        Section 251A(6) of the Balanced Budget and Emergency Deficit
    Control Act of 1985 (2 U.S.C. 901a(6)) is amended--
            (1) in subparagraph (B), in the matter preceding clause (i), by
        striking ``2030'' and inserting ``2031''; and
            (2) in subparagraph (C)--
                (A) in the matter preceding clause (i), by striking
            ``2030'' and inserting ``2031'';
                (B) in clause (i)--
                    (i) by striking ``5 \1/2\'' and inserting ``6'';
                    (ii) by striking ``2.0'' and inserting ``4.0''; and
                    (iii) by striking the semicolon at the end and
                inserting ``; and'';
                (C) in clause (ii)--
                    (i) by striking ``6-month period beginning on the day
                after the last day of the period described in clause (i)''
                and inserting ``second 6 months'';
                    (ii) by striking ``4.0'' and inserting ``0''; and
                    (iii) by striking ``; and'' and inserting a period; and
                (D) by striking clause (iii).
    SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.
        (a) Drawdown and Sale.--
            (1) In general.--Notwithstanding section 161 of the Energy
        Policy and Conservation Act (42 U.S.C. 6241), except as provided in
        subsections (b) and (c), the Secretary of Energy shall draw down
        and sell from the Strategic Petroleum Reserve 87,600,000 barrels of
        crude oil during the period of fiscal years 2028 through 2031.
            (2) Timing.--Subject to paragraph (1) and subsection (c)(1), in
        determining the timing of each drawdown and sale from the Strategic
        Petroleum Reserve during the period of fiscal years 2028 through
        2031 under paragraph (1), to the maximum extent practicable, the
        Secretary shall maximize the financial return to the United States
        taxpayers.
            (3) Deposit of amounts received from sale.--Amounts received
        from a sale under paragraph (1) shall be deposited in the general
        fund of the Treasury during the fiscal year in which the sale
        occurs.
            (4) SPR petroleum account.--The Secretary of the Treasury shall
        deposit in the SPR Petroleum Account established under section
        167(a) of the Energy Policy and Conservation Act (42 U.S.C.
        6247(a)) $43,500,000, to be used to carry out paragraph (1) in
        accordance with section 167 of the Energy Policy and Conservation
        Act (42 U.S.C. 6247).
        (b) Emergency Protection.--The Secretary of Energy shall not draw
    down and sell crude oil under subsection (a) in a quantity that would
    limit the authority to sell petroleum products under subsection (h) of
    section 161 of the Energy Policy and Conservation Act (42 U.S.C. 6241)
    in the full quantity authorized by that subsection.
        (c) Limitations.--
            (1) In general.--The Secretary of Energy shall not draw down or
        conduct sales of crude oil under subsection (a) after the date on
        which a total of $6,100,000,000 has been deposited in the general
        fund of the Treasury from sales authorized under that subsection.
            (2) Minimum volume.--Section 161(h)(2) of the Energy Policy and
        Conservation Act (42 U.S.C. 6241(h)(2)) is amended by striking
        ``340,000,000'' each place it appears and inserting
        ``252,400,000''.
    SEC. 90003. FINDINGS REGARDING UNUSED UNEMPLOYMENT INSURANCE FUNDS.
        Congress finds the following:
            (1) On July 16, 2021, the Congressional Budget Office (in this
        section referred to as ``CBO'') reduced its projected cost of the
        extension of expanded unemployment compensation as enacted in the
        American Rescue Plan Act of 2021 (P.L. 117-2).
            (2) CBO budget projections included mandatory outlays for the
        expansion totaling $144,000,000,000 in 2021 and $8,000,000,000 in
        2022. That estimated cost is $50,000,000,000 less in 2021, and
        $3,000,000,000 less in 2022, than anticipated in CBO's March 2021
        cost estimate.
            (3) CBO reduced its projections of those costs for two major
        reasons. First, several States have announced that they are
        discontinuing one or more of the components of expanded
        unemployment compensation before the expansion's authorization ends
        in September 2021. In its original estimate, CBO projected that all
        States would participate in the programs until September. Second,
        because of the improving economy, the agency has lowered its
        forecast of the unemployment rate, resulting in fewer projected
        beneficiaries for the programs, which also reduced projected costs.
            (4) It is estimated that there are approximately
        $53,000,000,000 in savings from the amounts in the Treasury
        originally estimated to be spent on unemployment insurance funds
        (under the provisions of subtitle A of title II of division A of
        the CARES Act) not used by the States.
    SEC. 90004. REQUIRING MANUFACTURERS OF CERTAIN SINGLE-DOSE CONTAINER OR
    SINGLE-USE PACKAGE DRUGS PAYABLE UNDER PART B OF THE MEDICARE PROGRAM
    TO PROVIDE REFUNDS WITH RESPECT TO DISCARDED AMOUNTS OF SUCH DRUGS.
        Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
    amended--
            (1) by redesignating subsection (h) as subsection (i); and
            (2) by inserting after subsection (g) the following new
        subsection:
        ``(h) Refund for Certain Discarded Single-dose Container or Single-
    use Package Drugs.--
            ``(1) Secretarial provision of information.--
                ``(A) In general.--For each calendar quarter beginning on
            or after January 1, 2023, the Secretary shall, with respect to
            a refundable single-dose container or single-use package drug
            (as defined in paragraph (8)), report to each manufacturer (as
            defined in subsection (c)(6)(A)) of such refundable single-dose
            container or single-use package drug the following for the
            calendar quarter:
                    ``(i) Subject to subparagraph (C), information on the
                total number of units of the billing and payment code of
                such drug, if any, that were discarded during such quarter,
                as determined using a mechanism such as the JW modifier
                used as of the date of enactment of this subsection (or any
                such successor modifier that includes such data as
                determined appropriate by the Secretary).
                    ``(ii) The refund amount that the manufacturer is
                liable for pursuant to paragraph (3).
                ``(B) Determination of discarded amounts.--For purposes of
            subparagraph (A)(i), with respect to a refundable single-dose
            container or single-use package drug furnished during a
            quarter, the amount of such drug that was discarded shall be
            determined based on the amount of such drug that was unused and
            discarded for each drug on the date of service.
                ``(C) Exclusion of units of packaged drugs.--The total
            number of units of the billing and payment code of a refundable
            single-dose container or single-use package drug of a
            manufacturer furnished during a calendar quarter for purposes
            of subparagraph (A)(i), and the determination of the estimated
            total allowed charges for the drug in the quarter for purposes
            of paragraph (3)(A)(ii), shall not include such units that are
            packaged into the payment amount for an item or service and are
            not separately payable.
            ``(2) Manufacturer requirement.--For each calendar quarter
        beginning on or after January 1, 2023, the manufacturer of a
        refundable single-dose container or single-use package drug shall,
        for such drug, provide to the Secretary a refund that is equal to
        the amount specified in paragraph (3) for such drug for such
        quarter.
            ``(3) Refund amount.--
                ``(A) In general.--The amount of the refund specified in
            this paragraph is, with respect to a refundable single-dose
            container or single-use package drug of a manufacturer assigned
            to a billing and payment code for a calendar quarter beginning
            on or after January 1, 2023, an amount equal to the estimated
            amount (if any) by which--
                    ``(i) the product of--

                        ``(I) the total number of units of the billing and
                    payment code for such drug that were discarded during
                    such quarter (as determined under paragraph (1)); and
                        ``(II)(aa) in the case of a refundable single-dose
                    container or single-use package drug that is a single
                    source drug or biological, the amount of payment
                    determined for such drug or biological under subsection
                    (b)(1)(B) for such quarter; or
                        ``(bb) in the case of a refundable single-dose
                    container or single-use package drug that is a
                    biosimilar biological product, the amount of payment
                    determined for such product under subsection (b)(1)(C)
                    for such quarter; exceeds

                    ``(ii) an amount equal to the applicable percentage (as
                defined in subparagraph (B)) of the estimated total allowed
                charges for such drug under this part during the quarter.
                ``(B) Applicable percentage defined.--
                    ``(i) In general.--For purposes of subparagraph
                (A)(ii), the term `applicable percentage' means--

                        ``(I) subject to subclause (II), 10 percent; and
                        ``(II) if applicable, in the case of a refundable
                    single-dose container or single-use package drug
                    described in clause (ii), a percentage specified by the
                    Secretary pursuant to such clause.

                    ``(ii) Treatment of drugs that have unique
                circumstances.--In the case of a refundable single-dose
                container or single-use package drug that has unique
                circumstances involving similar loss of product as that
                described in paragraph (8)(B)(ii), the Secretary, through
                notice and comment rulemaking, may increase the applicable
                percentage otherwise applicable under clause (i)(I) as
                determined appropriate by the Secretary.
            ``(4) Frequency.--Amounts required to be refunded pursuant to
        paragraph (2) shall be paid in regular intervals (as determined
        appropriate by the Secretary).
            ``(5) Refund deposits.--Amounts paid as refunds pursuant to
        paragraph (2) shall be deposited into the Federal Supplementary
        Medical Insurance Trust Fund established under section 1841.
            ``(6) Enforcement.--
                ``(A) Audits.--
                    ``(i) Manufacturer audits.--Each manufacturer of a
                refundable single-dose container or single-use package drug
                that is required to provide a refund under this subsection
                shall be subject to periodic audit with respect to such
                drug and such refunds by the Secretary.
                    ``(ii) Provider audits.--The Secretary shall conduct
                periodic audits of claims submitted under this part with
                respect to refundable single-dose container or single-use
                package drugs in accordance with the authority under
                section 1833(e) to ensure compliance with the requirements
                applicable under this subsection.
                ``(B) Civil money penalty.--
                    ``(i) In general.--The Secretary shall impose a civil
                money penalty on a manufacturer of a refundable single-dose
                container or single-use package drug who has failed to
                comply with the requirement under paragraph (2) for such
                drug for a calendar quarter in an amount equal to the sum
                of--

                        ``(I) the amount that the manufacturer would have
                    paid under such paragraph with respect to such drug for
                    such quarter; and
                        ``(II) 25 percent of such amount.

                    ``(ii) Application.--The provisions of section 1128A
                (other than subsections (a) and (b)) shall apply to a civil
                money penalty under this subparagraph in the same manner as
                such provisions apply to a penalty or proceeding under
                section 1128A(a).
            ``(7) Implementation.--The Secretary shall implement this
        subsection through notice and comment rulemaking.
            ``(8) Definition of refundable single-dose container or single-
        use package drug.--
                ``(A) In general.--Except as provided in subparagraph (B),
            in this subsection, the term `refundable single-dose container
            or single-use package drug' means a single source drug or
            biological (as defined in section 1847A(c)(6)(D)) or a
            biosimilar biological product (as defined in section
            1847A(c)(6)(H)) for which payment is made under this part and
            that is furnished from a single-dose container or single-use
            package.
                ``(B) Exclusions.--The term `refundable single-dose
            container or single-use package drug' does not include--
                    ``(i) a drug or biological that is either a
                radiopharmaceutical or an imaging agent;
                    ``(ii) a drug or biological approved by the Food and
                Drug Administration for which dosage and administration
                instructions included in the labeling require filtration
                during the drug preparation process, prior to dilution and
                administration, and require that any unused portion of such
                drug after the filtration process be discarded after the
                completion of such filtration process; or
                    ``(iii) a drug or biological approved by the Food and
                Drug Administration on or after the date of enactment of
                this subsection and with respect to which payment has been
                made under this part for fewer than 18 months.
            ``(9) Report to congress.--Not later than 3 years after the
        date of enactment of this subsection, the Office of the Inspector
        General, after consultation with the Centers for Medicare &
        Medicaid Services and the Food and Drug Administration, shall
        submit to the Committee on Finance of the Senate and the Committee
        on Energy and Commerce and the Committee on Ways and Means of the
        House of Representatives, a report on any impact this section is
        reported to have on the licensure, market entry, market retention,
        or marketing of biosimilar biological products. Such report shall
        be updated periodically at the direction of the Committee on
        Finance of the Senate and the Committee on Energy and Commerce and
        the Committee on Ways and Means of the House of Representatives.''.
    SEC. 90005. EXTENSION OF ENTERPRISE GUARANTEE FEES.
        Section 1327(f) of the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992 (12 U.S.C. 4547(f)) is amended by striking
    ``2021'' and inserting ``2032''.
    SEC. 90006. MORATORIUM ON IMPLEMENTATION OF RULE RELATING TO
    ELIMINATING THE ANTI-KICKBACK STATUTE SAFE HARBOR PROTECTION FOR
    PRESCRIPTION DRUG REBATES.
        Notwithstanding any other provision of law, the Secretary of Health
    and Human Services shall not, prior to January 1, 2026, implement,
    administer, or enforce the provisions of the final rule published by
    the Office of the Inspector General of the Department of Health and
    Human Services on November 30, 2020, and titled ``Fraud and Abuse;
    Removal of Safe Harbor Protection for Rebates Involving Prescription
    Pharmaceuticals and Creation of New Safe Harbor Protection for Certain
    Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and
    Certain Pharmacy Benefit Manager Service Fees'' (85 Fed. Reg. 76666).
    SEC. 90007. RESCISSION OF COVID-19 APPROPRIATIONS.
        (a) Economic Injury Disaster Loan Subsidy.--
            (1) Rescission.--Of the unobligated balances from amounts made
        available under the heading ``Small Business Administration--
        Disaster Loans Program Account'' in title II of division B of the
        Paycheck Protection Program and Health Care Enhancement Act (Public
        Law 116-139), $13,500,000,000 are permanently rescinded.
            (2) Designation.--The amount rescinded pursuant to paragraph
        (1) that was previously designated by the Congress as an emergency
        requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
        Budget and Emergency Deficit Control Act of 1985 is designated by
        the Congress as an emergency requirement pursuant to section
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
        resolution on the budget for fiscal year 2018, and to section
        251(b) of the Balanced Budget and Emergency Deficit Control Act of
        1985.
        (b) Targeted EIDL Advance.--
            (1) Of the unobligated balances from amounts made available
        under the heading ``Small Business Administration--Targeted EIDL
        Advance'' in section 323(d)(1)(D) of division N of the Consolidated
        Appropriations Act, 2021 (Public Law 116-260), $17,578,000,000 are
        permanently rescinded.
            (2) Of the unobligated balances from amounts made available in
        section 5002(b) of the American Rescue Plan Act of 2021 (Public Law
        117-2)--
                (A) amounts may be transferred to and merged with ``Small
            Business Administration--Disaster Loans Program Account'' for
            the cost of direct loans authorized under section 7(b) of the
            Small Business Act (15 U.S.C. 636(b));
                (B) not more than $500,000,000 may be transferred to
            ``Small Business Administration--Salaries and Expenses'' for
            necessary expenses, not otherwise provided for, of the Small
            Business Administration; and
                (C) not more than $992,000,000 may be transferred to, and
            merged with, ``Small Business Administration--Business Loans
            Program Account'' for the cost of guaranteed loans as
            authorized by paragraphs (1) through (35) of section 7(a) of
            the Small Business Act (15 U.S.C. 636(a)), including the cost
            of carrying out sections 326, 327, and 328 of division N of the
            Consolidated Appropriations Act, 2021 (Public Law 116-260).
        (c) Economic Stabilization Program.--Of the unobligated balances
    from amounts made available in section 4027(a) of the Coronavirus Aid,
    Relief, and Economic Security Act (15 U.S.C. 9601), $1,366,100,000 are
    permanently rescinded.
        (d) Business Loans Program Account.--
            (1) Of the unobligated balances from amounts made available
        under the heading ``Small Business Administration--Business Loans
        Program Account, CARES Act'' in section 1107(a)(1) of the
        Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
        136), as amended by section 101(a)(2) of division A of the Paycheck
        Protection Program and Health Care Enhancement Act (Public Law 116-
        139), and in section 323(d)(1)(A) of division N of the Consolidated
        Appropriations Act, 2021 (Public Law 116-260) for carrying out
        paragraphs (36) and (37) of section 7(a) of the Small Business Act
        (15 U.S.C. 636(a)), $4,684,000,000 are permanently rescinded.
            (2) Of the unobligated balances from amounts made available
        under the heading ``Small Business Administration--Business Loans
        Program Account'' in section 323(d)(1)(F) of division N of the
        Consolidated Appropriations Act, 2021 (Public Law 116-260),
        $992,000,000 are permanently rescinded.
        (e) Pandemic Relief for Aviation Workers, Coronavirus Aid, Relief,
    and Economic Security Act (CARES Act).--Of the unobligated balances
    from amounts made available in section 4120 of the Coronavirus Aid,
    Relief, and Economic Security Act (15 U.S.C. 9080), $3,000,000,000 are
    permanently rescinded.
        (f) Education Stabilization Fund.--
            (1) Rescission.--Of the unobligated balances from amounts made
        available under the heading ``Education Stabilization Fund'' in
        title VIII of division B of the Coronavirus Aid, Relief, and
        Economic Security Act (Public Law 116-136) and in title III of
        division M of the Consolidated Appropriations Act, 2021 (Public Law
        116-260) that were reserved for the Higher Education Emergency
        Relief Fund by sections 18004(a)(1) and 18004(a)(2) of division B
        of the Coronavirus Aid, Relief, and Economic Security Act (Public
        Law 116-136) and sections 314(a)(1), 314(a)(2), and 314(a)(4) of
        division M of the Consolidated Appropriations Act, 2021 (Public Law
        116-260), $353,400,000 are permanently rescinded.
            (2) Designation.--The amount rescinded pursuant to paragraph
        (1) that was previously designated by the Congress as an emergency
        requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
        Budget and Emergency Deficit Control Act of 1985 is designated by
        the Congress as an emergency requirement pursuant to section
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
        resolution on the budget for fiscal year 2018, and to section
        251(b) of the Balanced Budget and Emergency Deficit Control Act of
        1985.
        (g) Small Business Administration, Salaries and Expenses.--
            (1) Rescission.--Of the unobligated balances from amounts made
        available under the heading ``Small Business Administration--
        Salaries and Expenses'' in section 1107(a)(2) of the Coronavirus
        Aid, Relief, and Economic Security Act (Public Law 116-136), in
        title II of division B of the Paycheck Protection Program and
        Health Care Enhancement Act (Public Law 116-139), and in section
        323(d)(1)(C) of division N of the Consolidated Appropriations Act,
        2021 (Public Law 116-260), $175,000,000 are permanently rescinded.
            (2) Designation.--The amount rescinded pursuant to paragraph
        (1) that was previously designated by the Congress as an emergency
        requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
        Budget and Emergency Deficit Control Act of 1985 is designated by
        the Congress as an emergency requirement pursuant to section
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
        resolution on the budget for fiscal year 2018, and to section
        251(b) of the Balanced Budget and Emergency Deficit Control Act of
        1985.
        (h) Pandemic Relief for Aviation Workers.--Of the unobligated
    balances from amounts made available in section 411 of subtitle A of
    title IV of division N of the Consolidated Appropriations Act, 2021 (15
    U.S.C. 9101), $200,000,000 are permanently rescinded.
    SEC. 90008. SPECTRUM AUCTIONS.
        (a) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Federal
        Communications Commission.
            (2) Covered band.--The term ``covered band'' means the band of
        frequencies between 3100 and 3450 megahertz.
            (3) Relevant congressional committees.--The term ``relevant
        congressional committees'' means--
                (A) the Committee on Armed Services of the Senate;
                (B) the Committee on Armed Services of the House of
            Representatives;
                (C) the Committee on Commerce, Science, and Transportation
            of the Senate; and
                (D) the Committee on Energy and Commerce of the House of
            Representatives.
        (b) 3.1-3.45 GHz Band.--
            (1) Pre-auction funding.--
                (A) In general.--On the date of enactment of this Act, the
            Director of the Office of Management and Budget shall transfer
            $50,000,000 from the Spectrum Relocation Fund established under
            section 118 of the National Telecommunications and Information
            Administration Act (47 U.S.C. 928) to the Department of Defense
            for the purpose of research and development, engineering
            studies, economic analyses, activities with respect to systems,
            or other planning activities to improve efficiency and
            effectiveness of the spectrum use of the Department of Defense
            in order to make available electromagnetic spectrum in the
            covered band--
                    (i) for reallocation for shared Federal and non-Federal
                commercial licensed use; and
                    (ii) for auction under paragraph (3) of this
                subsection.
                (B) Exemption.--Section 118(g) of the National
            Telecommunications and Information Administration Organization
            Act (47 U.S.C. 928(g)) shall not apply with respect to the
            payment required under subparagraph (A).
                (C) Report to secretary of commerce.--For purposes of
            paragraph (2)(A), the Secretary of Defense shall report to the
            Secretary of Commerce the findings of the planning activities
            described in subparagraph (A) of this paragraph.
            (2) Identification.--
                (A) In general.--Not later than 21 months after the date of
            enactment of this Act, in accordance with the findings of the
            planning activities described in paragraph (1)(A) and subject
            to the determination of the Secretary of Defense under
            subparagraph (B) of this paragraph, the Secretary of Commerce,
            in coordination with the Secretary of Defense, the Director of
            the Office of Science and Technology Policy, and relevant
            congressional committees, shall--
                    (i) determine which frequencies of electromagnetic
                spectrum in the covered band could be made available on a
                shared basis between Federal use and non-Federal commercial
                licensed use, subject to flexible-use service rules; and
                    (ii) submit to the President and the Commission a
                report that identifies the frequencies determined
                appropriate under clause (i).
                (B) Required determination.--The Secretary of Commerce may
            identify frequencies under subparagraph (A)(ii) only if the
            Secretary of Defense has determined that sharing those
            frequencies with non-Federal users would not impact the primary
            mission of military spectrum users in the covered band.
            (3) Auction.--Not earlier than November 30, 2024, the
        Commission, in consultation with the Assistant Secretary of
        Commerce for Communications and Information, shall begin a system
        of competitive bidding under section 309(j) of the Communications
        Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the
        spectrum identified under paragraph (2)(A)(ii) of this subsection.
            (4) Sharing of spectrum.--Not earlier than May 31, 2025, the
        President shall modify any assignment to a Federal Government
        station of the frequencies identified under clause (ii) of
        paragraph (2)(A) in order to accommodate shared Federal and non-
        Federal commercial licensed use in accordance with that paragraph.
            (5) Auction proceeds to cover 110 percent of federal relocation
        or sharing costs.--Nothing in this subsection shall be construed to
        relieve the Commission from the requirements under section
        309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
        309(j)(16)(B)).
        (c) FCC Auction Authority.--
            (1) Termination.--Section 309(j)(11) of the Communications Act
        of 1934 (47 U.S.C. 309(j)(11)) is amended by inserting after
        ``2025'' the following: ``, and with respect to the electromagnetic
        spectrum identified under section 90008(b)(2)(A)(ii) of the
        Infrastructure Investment and Jobs Act, such authority shall expire
        on the date that is 7 years after the date of enactment of that
        Act''.
            (2) Spectrum pipeline act of 2015.--Section 1006(c)(1) of the
        Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 624) is
        amended by striking ``2022'' and inserting ``2024''.

                           DIVISION J--APPROPRIATIONS

         That the following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2022, and for other purposes, namely:

    TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
                              AND RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                   FARM PRODUCTION AND CONSERVATION PROGRAMS

                     Natural Resources Conservation Service

                   watershed and flood prevention operations

        For an additional amount for ``Watershed and Flood Prevention
    Operations'', $500,000,000, to remain available until expended:
    Provided, That not later than 90 days after the date of enactment of
    this Act, the Secretary of Agriculture shall submit to the House and
    Senate Committees on Appropriations a detailed spend plan, including a
    list of project locations and project cost:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                        watershed rehabilitation program

        For an additional amount for ``Watershed Rehabilitation Program'',
    $118,000,000, to remain available until expended:  Provided, That not
    later than 90 days after the date of enactment of this Act, the
    Secretary of Agriculture shall submit to the House and Senate
    Committees on Appropriations a detailed spend plan, including a list of
    project locations and project cost:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                     emergency watershed protection program

        For an additional amount for ``Emergency Watershed Protection
    Program'' to repair damages to the waterways and watersheds resulting
    from natural disasters, $300,000,000, to remain available until
    expended:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                           RURAL DEVELOPMENT PROGRAMS

                            Rural Utilities Service

             distance learning, telemedicine, and broadband program

        For an additional amount for ``Rural Utilities Service--Distance
    Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to
    remain available until expended:  Provided, That of the funds made
    available under this heading in this Act, $74,000,000 shall be for the
    cost of broadband loans, as authorized by section 601 of the Rural
    Electrification Act:  Provided further, That, of the funds made
    available under this heading in this Act, $1,926,000,000 shall be for
    the broadband loan and grant pilot program established by section 779
    of Public Law 115-141 under the Rural Electrification Act of 1936, as
    amended (7 U.S.C. 901 et seq.):  Provided further, That at least 50
    percent of the households to be served by a project receiving a loan or
    grant from funds provided under the preceding proviso shall be in a
    rural area, as defined in section 601(b)(3) of the Rural
    Electrification Act, without sufficient access to broadband defined for
    such funds as having speeds of not less than 25 megabits per second
    downloads and 3 megabits per second uploads:  Provided further, That 10
    percent of the amounts made available under this heading in this Act
    for the pilot program shall be set aside for service areas where at
    least 90 percent of households to be served by a project receiving a
    loan or grant are in a rural area without sufficient access to
    broadband, as defined in the preceding proviso:  Provided further,
    That, to the extent possible, projects receiving funds provided under
    this heading in this Act for the pilot program must build out service
    to at least 100 megabits per second downloads and 20 megabits per
    second uploads:  Provided further, That, in administering the pilot
    program under this heading in this Act, the Secretary of Agriculture
    may, for purposes of determining entities eligible to receive
    assistance, consider those communities which are ``Areas Rural in
    Character'', as defined in section 343(a)(13)(D) of the Consolidated
    Farm and Rural Development Act:  Provided further, That not more than
    $50,000,000 of the funds made available under this heading in this Act
    for the pilot program may be used for the purpose of the preceding
    proviso:  Provided further, That pole attachment fees and replacements
    charged by electric cooperatives for the shared use of their utility
    poles shall be an eligible use of funds provided under this heading in
    this Act for the pilot program to enable the deployment of broadband in
    rural areas:  Provided further, That the Secretary shall waive any
    matching funds required for pilot program projects funded from amounts
    provided under this heading in this Act for Alaska Native Corporations
    for federally-recognized Tribes, on substantially underserved Trust
    areas, as defined in 7 U.S.C. 936f(a)(2), and residents of a rural area
    that was recognized as a colonia as of October 1, 1989, and for
    projects in which 75 percent of the service area is a persistent
    poverty county or counties:  Provided further, That for purposes of the
    preceding proviso, the term ``persistent poverty counties'' means any
    county that has had 20 percent or more of its population living in
    poverty over the past 30 years, as measured by the 1990 and 2000
    decennial censuses, and 2007-2011 American Community Survey 5-6 year
    average, or any territory or possession of the United States:  Provided
    further, That, in addition to other funds available for such purpose,
    not more than four percent of the amounts provided under this heading
    in this Act shall be for administrative costs to carry out the pilot
    program and broadband loans:  Provided further, That up to three
    percent of the amounts provided under this heading in this Act shall be
    for technical assistance and predevelopment planning activities to
    support rural communities, of which $5,000,000 shall have a priority
    for the establishment and growth of cooperatives to offer broadband,
    which shall be transferred to and merged with the appropriation for
    ``Rural Development, Salaries and Expenses'':  Provided further, That
    the Secretary of Agriculture shall collaborate, to the extent
    practicable, with the Commissioner of the Federal Communications
    Commission and the Assistant Secretary for Communications and
    Information at the National Telecommunications and Information
    Administration to carry out the amounts provided under this heading in
    this Act for the pilot program:  Provided further, That the Secretary
    may transfer funds provided under this heading in this Act between
    broadband loans, as authorized by section 601 of the Rural
    Electrification Act, and the pilot program to accommodate demand:
    Provided further, That no funds shall be transferred pursuant to the
    preceding proviso until the Secretary notifies in writing and receives
    approval from the Committees on Appropriations and Agriculture of both
    Houses of Congress at least 30 days in advance of the transfer of such
    funds or the use of such authority:  Provided further, That for
    purposes of the amounts provided under this heading in this Act for the
    pilot program, the Secretary shall adhere to the notice, reporting, and
    service area assessment requirements set forth in section 701(a)-(d) of
    the Rural Electrification Act (7 U.S.C. 950cc(a)-(d)):  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         GENERAL PROVISION--THIS TITLE

        Sec. 101.  In addition to amounts otherwise made available for such
    purpose, there is hereby appropriated $10,000,000, to remain available
    until expended, to carry out section 70501 of division G of this Act:
    Provided, That $5,000,000, to remain available until expended, shall be
    made available for fiscal year 2022 and $5,000,000, to remain available
    until expended, shall be made available for fiscal year 2023:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

           TITLE II--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES

                             DEPARTMENT OF COMMERCE

           National Telecommunications and Information Administration

                broadband equity, access, and deployment program

                         (including transfer of funds)

        For an additional amount for ``Broadband Equity, Access, and
    Deployment Program'', $42,450,000,000, to remain available until
    expended, for grants as authorized under section 60102 of division F of
    this Act:  Provided, That not later than 90 days after the date of
    enactment of this Act, the Secretary of Commerce shall submit to the
    House and Senate Committees on Appropriations a detailed spend plan for
    fiscal year 2022:  Provided further, That up to 2 percent of the
    amounts made available under this heading in this Act in fiscal year
    2022 shall be for salaries and expenses, administration, and oversight,
    of which $12,000,000 shall be transferred to the Office of Inspector
    General of the Department of Commerce for oversight of funding provided
    to the National Telecommunications and Information Administration in
    this title in this Act:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                          broadband connectivity fund

        For an additional amount for ``Broadband Connectivity Fund'',
    $2,000,000,000, to remain available until expended, for grants for the
    Tribal Broadband Connectivity Program, as authorized under section
    905(c) of division N of the Consolidated Appropriations Act, 2021
    (Public Law 116-260), as amended by section 60201 of division F this
    Act:  Provided, That such amount is designated by the Congress as being
    for an emergency requirement pursuant to section 4112(a) of H. Con.
    Res. 71 (115th Congress), the concurrent resolution on the budget for
    fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                                 digital equity

                         (including transfer of funds)

        For an additional amount for ``Digital Equity'', $2,750,000,000, to
    remain available until expended, for competitive grants as authorized
    under sections 60304 and 60305 of division F of this Act:  Provided,
    That of the amount provided under this heading in this Act--
            (1) $550,000,000, to remain available until expended, shall be
        made available for fiscal year 2022, of which $60,000,000 is for
        the award of grants under section 60304 (c)(3) of division F of
        this Act, $240,000,000 is for the award of grants under section
        60304(d) of division F of this Act, and $250,000,000 is for the
        award of grants under section 60305 of division F of this Act;
            (2) $550,000,000, to remain available until expended, shall be
        made available for fiscal year 2023, of which $300,000,000 is for
        the award of grants under section 60304(d) of division F of this
        Act and $250,000,000 is for the award of grants under section 60305
        of division F of this Act;
            (3) $550,000,000, to remain available until expended, shall be
        made available for fiscal year 2024, of which $300,000,000 is for
        the award of grants under section 60304(d) of division F of this
        Act and $250,000,000 is for the award of grants under section 60305
        of division F of this Act;
            (4) $550,000,000, to remain available until expended, shall be
        made available for fiscal year 2025, of which $300,000,000 is for
        the award of grants under section 60304(d) of division F of this
        Act and $250,000,000 is for the award of grants under section 60305
        of division F of this Act; and
            (5) $550,000,000, to remain available until expended, shall be
        made available for fiscal year 2026, of which $300,000,000 is for
        the award of grants under section 60304(d) of division F of this
        Act and $250,000,000 is for the award of grants under section 60305
        of division F of this Act:
      Provided further, That the Secretary shall issue notices of funding
    opportunity not later than 180 days after each date upon which funds
    are made available under the preceding proviso:  Provided further, That
    the Secretary shall make awards not later than 270 days after issuing
    the notices of funding opportunity required under the preceding
    proviso:  Provided further, That up to 2 percent of the amounts made
    available in each fiscal year shall be for salaries and expenses,
    administration, and oversight, of which $1,000,000 in each of fiscal
    years 2022 through 2026 shall be transferred to the Office of Inspector
    General of the Department of Commerce for oversight of funding provided
    to the National Telecommunications and Information Administration in
    this title in this Act:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                             middle mile deployment

                         (including transfer of funds)

        For an additional amount for ``Middle Mile Deployment'',
    $1,000,000,000, to remain available September 30, 2026, for competitive
    grants as authorized under section 60401 of division F of this Act:
    Provided, That the Secretary of Commerce shall issue notices of funding
    opportunity not later than 180 days after the date of enactment of this
    Act:  Provided further, That the Secretary of Commerce shall make
    awards not later than 270 days after issuing the notices of funding
    opportunity required under the preceding proviso:  Provided further,
    That up to 2 percent of the amounts made available under this heading
    in this Act shall be for salaries and expenses, administration, and
    oversight, during fiscal years 2022 through 2026 of which $1,000,000
    shall be transferred to the Office of Inspector General of the
    Department of Commerce for oversight of funding provided to the
    National Telecommunications and Information Administration in this
    title in this Act:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                National Oceanic and Atmospheric Administration

                      operations, research, and facilities

        For an additional amount for ``Operations, Research, and
    Facilities'', $2,611,000,000, to remain available until September 30,
    2027:  Provided, That $557,250,000, to remain available until September
    30, 2023, shall be made available for fiscal year 2022, $515,584,000,
    to remain available until September 30, 2024, shall be made available
    for fiscal year 2023, $515,583,000, to remain available until September
    30, 2025, shall be made available for fiscal year 2024, $515,583,000,
    to remain available until September 30, 2026, shall be made available
    for fiscal year 2025, and $507,000,000, to remain available until
    September 30, 2027, shall be made available for fiscal year 2026:
    Provided further, That of the funds made available under this heading
    in this Act, the following amounts shall be for the following purposes
    in equal amounts for each of fiscal years 2022 through 2026, including
    for administrative costs, technical support, and oversight, unless
    stated otherwise--
            (1) $492,000,000 shall be for National Oceans and Coastal
        Security Fund grants, as authorized under section 906(c) of
        division O of Public Law 114-113;
            (2) $491,000,000 shall be for contracts, grants, and
        cooperative agreements to provide funding and technical assistance
        for purposes of restoring marine, estuarine, coastal, or Great
        Lakes ecosystem habitat, or constructing or protecting ecological
        features that protect coastal communities from flooding or coastal
        storms;
            (3) $492,000,000 shall be for coastal and inland flood and
        inundation mapping and forecasting, and next-generation water
        modeling activities, including modernized precipitation frequency
        and probable maximum studies;
            (4) $25,000,000 shall be for data acquisition activities
        pursuant to section 511(b) of the Water Resources Development Act
        of 2020 (division AA of Public Law 116-260), of which $8,334,000
        shall be available in fiscal year 2023 and $8,333,000 shall be
        available in each of fiscal years 2024 and 2025;
            (5) $50,000,000 shall be for wildfire prediction, detection,
        observation, modeling, and forecasting, for fiscal year 2022;
            (6) $1,000,000 shall be for the study of soil moisture and
        snowpack monitoring network in the Upper Missouri River Basin
        pursuant to section 511(b)(3) of the Water Resources Development
        Act of 2020 (division AA of Public Law 116-260), in equal amounts
        for each of fiscal years 2022 through 2025;
            (7) $150,000,000 shall be for marine debris assessment,
        prevention, mitigation, and removal;
            (8) $50,000,000 shall be for marine debris prevention and
        removal through the National Sea Grant College Program (33 U.S.C.
        1121 et seq.);
            (9) $207,000,000 shall be for habitat restoration projects
        pursuant to section 310 of the Coastal Zone Management Act (16
        U.S.C. 1456c), including ecosystem conservation pursuant to section
        12502 of the Omnibus Public Land Management Act of 2009 (16 U.S.C.
        1456-1), notwithstanding subsection (g) of that section;
            (10) $77,000,000 shall be for habitat restoration projects
        through the National Estuarine Research Reserve System (16 U.S.C.
        1456c), including ecosystem conservation pursuant to section 12502
        of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1456-
        1);
            (11) $100,000,000 shall be for supporting improved and enhanced
        coastal, ocean, and Great Lakes observing systems;
            (12) $56,000,000 shall be for established Regional Ocean
        Partnerships (ROPs) to coordinate the interstate and intertribal
        management of ocean and coastal resources and to implement their
        priority actions, including to enhance associated sharing and
        integration of Federal and non-Federal data by ROPs, or their
        equivalent;
            (13) $20,000,000 shall be for consultations and permitting
        related to the Endangered Species Act, the Marine Mammal Protection
        Act, and Essential Fish Habitat; and
            (14) $400,000,000 shall be for restoring fish passage by
        removing in-stream barriers and providing technical assistance
        pursuant to section 117 of the Magnuson-Stevens Fishery
        Conservation and Management Reauthorization Act of 2006 (16 U.S.C.
        1891a), of which up to 15 percent shall be reserved for Indian
        Tribes or partnerships of Indian Tribes in conjunction with an
        institution of higher education, non-profit, commercial (for
        profit) organizations, U.S. territories, and state or local
        governments, and of which the remaining amount shall be for all
        eligible entities, including Indian Tribes and such partnerships of
        Indian Tribes:
      Provided further, That under this heading the term Indian Tribe shall
    have the meaning given to the term in section 4 of the Indian Self-
    Determination and Education Act (25 U.S.C. 5304):  Provided further,
    That nothing under this heading in this Act shall be construed as
    providing any new authority to remove, breach, or otherwise alter the
    operations of a Federal hydropower dam and dam removal projects shall
    include written consent of the dam owner, if ownership is established:
    Provided further, That amounts made available under this heading in
    this Act may be used for consultations and permitting related to the
    Endangered Species Act and the Marine Mammal Protection Act for
    projects funded under this heading in this Act:  Provided further, That
    not later than 90 days after the date of enactment of this Act, the
    National Oceanic and Atmospheric Administration shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a detailed spend plan for fiscal year 2022:  Provided further,
    That for each of fiscal years 2023 through 2026, as part of the annual
    budget submission of the President under section 1105(a) of title 31,
    United States Code, the Secretary of Commerce shall submit a detailed
    spend plan for that fiscal year:  Provided further, That the Secretary
    may waive or reduce the required non-Federal share for amounts made
    available under this heading in this Act:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                   procurement, acquisition and construction

        For an additional amount for ``Procurement, Acquisition and
    Construction'', $180,000,000, to remain available until September 30,
    2024, as follows:
            (1) $50,000,000 shall be for observation and dissemination
        infrastructure used for wildfire prediction, detection, and
        forecasting;
            (2) $80,000,000 shall be for research supercomputing
        infrastructure used for weather and climate model development to
        improve drought, flood, and wildfire prediction, detection, and
        forecasting; and
            (3) $50,000,000 shall be for coastal, ocean, and Great Lakes
        observing systems:
      Provided, That not later than 90 days after the date of enactment of
    this Act, the National Oceanic and Atmospheric Administration shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a detailed spend plan:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                        pacific coastal salmon recovery

        For an additional amount for ``Pacific Coastal Salmon Recovery'',
    $172,000,000, to remain available until September 30, 2027:  Provided,
    That $34,400,000, to remain available until September 30, 2023, shall
    be made available for fiscal year 2022, $34,400,000, to remain
    available until September 30, 2024, shall be made available for fiscal
    year 2023, $34,400,000, to remain available until September 30, 2025,
    shall be made available for fiscal year 2024, $34,400,000, to remain
    available until September 30, 2026, shall be made available for fiscal
    year 2025, and $34,400,000, to remain available until September 30,
    2027, shall be made available for fiscal year 2026:  Provided, That not
    later than 90 days after the date of enactment of this Act, the
    National Oceanic and Atmospheric Administration shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a spend plan for fiscal year 2022:  Provided further, That for
    each of fiscal years 2023 through 2026, as part of the annual budget
    submission of the President under section 1105(a) of title 31, United
    States Code, the Secretary of Commerce shall submit a detailed spend
    plan for that fiscal year:  Provided further, That the Secretary may
    waive or reduce the required non-Federal share for amounts made
    available under this heading in this Act:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

          TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

                             DEPARTMENT OF THE ARMY

                           Corps of Engineers--Civil

                                 investigations

        For an additional amount for ``Investigations'', $150,000,000, to
    remain available until expended:  Provided, That of the amount provided
    under this heading in this Act, $30,000,000 shall be used by the
    Secretary of the Army, acting through the Chief of Engineers, to
    undertake work authorized to be carried out in accordance with section
    22 of the Water Resources Development Act of 1974 (Public Law 93-251;
    42 U.S.C. 1962d-16), as amended:  Provided further, That of the amount
    provided under this heading in this Act, $45,000,000 shall be used by
    the Secretary of the Army, acting through the Chief of Engineers, to
    undertake work authorized to be carried out in accordance with section
    206 of the 1960 Flood Control Act (Public Law 86-645), as amended:
    Provided further, That of the amount provided under this heading in
    this Act, $75,000,000 shall be used for necessary expenses related to
    the completion, or initiation and completion, of studies which are
    authorized prior to the date of enactment of this Act, of which
    $30,000,000, to become available on October 1, 2022, shall be used by
    the Secretary of the Army, acting through the Chief of Engineers, to
    complete, or to initiate and complete, studies carried out in
    accordance with section 118 of division AA of the Consolidated
    Appropriations Act, 2021 (Public Law 116-260), except that the
    limitation on the number of studies authorized to be carried out under
    section 118(b) and section 118(c) shall not apply:  Provided further,
    That not later than 60 days after the date of enactment of this Act,
    the Chief of Engineers shall submit to the House and Senate Committees
    on Appropriations a detailed spend plan for the funds identified for
    fiscal year 2022 in the preceding proviso, including a list of project
    locations and new studies selected to be initiated:  Provided further,
    That not later than 60 days after the date of enactment of this Act,
    the Chief of Engineers shall provide a briefing to the House and Senate
    Committees on Appropriations on an implementation plan, including a
    schedule for solicitation of projects and expenditure of funds, for the
    funding provided for fiscal year 2023 to undertake work authorized to
    be carried out in accordance with section 118 of division AA of the
    Consolidated Appropriations Act, 2021 (Public Law 116-260):  Provided
    further, That for fiscal year 2023, as part of the annual budget
    submission of the President under section 1105(a) of title 31, United
    States Code, the Chief of Engineers shall submit a detailed spend plan
    for that fiscal year, including a list of project locations for the
    funding provided to undertake work authorized to be carried out in
    accordance with section 118 of division AA of the Consolidated
    Appropriations Act, 2021 (Public Law 116-260):  Provided further, That
    beginning not later than 120 days after the enactment of this Act, the
    Chief of Engineers shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of the funds provided under this heading
    in this Act, including new studies selected to be initiated using funds
    provided under this heading:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                  construction

        For an additional amount for ``Construction'', $11,615,000,000, to
    remain available until expended:  Provided, That the Secretary may
    initiate additional new construction starts with funds provided under
    this heading in this Act:  Provided further, That the limitation
    concerning total project costs in section 902 of the Water Resources
    Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as
    amended, shall not apply to any project completed using funds provided
    under this heading in this Act:  Provided further, That of the amount
    provided under this heading in this Act, such sums as are necessary to
    cover the Federal share of construction costs for facilities under the
    Dredged Material Disposal Facilities program shall be derived from the
    general fund of the Treasury:  Provided further, That of the amount
    provided under this heading in this Act, $1,500,000,000 shall be for
    major rehabilitation, construction, and related activities for rivers
    and harbors, of which not more than $250,000,000 shall be to undertake
    work at harbors defined by section 2006 of the Water Resources
    Development Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as
    amended, and not more than $250,000,000 may be for projects determined
    to require repair in the report prepared pursuant to section 1104 of
    the Water Infrastructure Improvements for the Nation Act (Public Law
    114-322):  Provided further, That of the amount provided under this
    heading in this Act, $200,000,000 shall be for water-related
    environmental infrastructure assistance:  Provided further, That of the
    amount provided under this heading in this Act, $2,500,000,000 shall be
    for construction, replacement, rehabilitation, and expansion of inland
    waterways projects:  Provided further, That section 102(a) of the Water
    Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C.
    2212(a)) and section 109 of the Water Resources Development Act of 2020
    (Public Law 116-260; 134 Stat. 2624) shall not apply to the extent that
    such projects are carried out using funds provided in the preceding
    proviso:  Provided further, That in using such funds referred to in the
    preceding proviso, the Secretary shall give priority to projects
    included in the Capital Investment Strategy of the Corps of Engineers:
    Provided further, That of the amount provided under this heading in
    this Act, $465,000,000 shall be used by the Secretary of the Army,
    acting through the Chief of Engineers, to undertake work authorized to
    be carried out in accordance with section 14, as amended, of the Flood
    Control Act of 1946 (33 U.S.C. 701r), section 103, as amended, of the
    River and Harbor Act of 1962 (Public Law 87-874), section 107, as
    amended, of the River and Harbor Act 1960 (Public Law 86-645), section
    204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326),
    section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), section
    206 of the Water Resources Development Act of 1996 (Public Law 104-303;
    33 U.S.C. 2330), section 1135 of the Water Resources Development Act of
    1986 (Public Law 99-662; 33 U.S.C. 2309a), or section 165(a) of
    division AA of the Consolidated Appropriations Act, 2021 (Public Law
    116-260), notwithstanding the project number or program cost
    limitations set forth in those sections:  Provided further, That of the
    amounts in the preceding proviso, $115,000,000, shall be used under the
    aquatic ecosystem restoration program under section 206 of the Water
    Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and
    wildlife passage by removing in-stream barriers and provide technical
    assistance to non-Federal interests carrying out such activities, at
    full Federal expense and notwithstanding the individual project cost
    limitation set forth in that section:  Provided further, That the
    amounts provided in the preceding proviso shall not be construed to
    provide any new authority to remove, breach, or otherwise alter the
    operations of a Federal hydropower dam, and do not limit the Secretary
    of the Army, acting through the Chief of Engineers, from allotting
    additional funds from amounts provided under this heading in this Act
    for other purposes allowed under section 206 of the Water Resources
    Development Act of 1996 (33 U.S.C. 2330):  Provided further, That of
    the amount provided under this heading in this Act, $1,900,000,000
    shall be for aquatic ecosystem restoration projects, of which not less
    than $1,000,000,000 shall be for multi-purpose projects or multi-
    purpose programs that include aquatic ecosystem restoration as a
    purpose:  Provided further, That of the amount provided under this
    heading in this Act, $2,550,000,000 shall be for coastal storm risk
    management, hurricane and storm damage reduction projects, and related
    activities targeting States that have been impacted by federally
    declared disasters over the last six years, which may include projects
    authorized by section 116 of Public Law 111-85, of which not less than
    $1,000,000,000 shall be for multi-purpose projects or multi-purpose
    programs that include flood risk management benefits as a purpose:
    Provided further, That of the amount provided in the preceding proviso,
    $200,000,000 shall be for shore protection projects:  Provided further,
    That of the funds in the preceding proviso, $100,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $50,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, and $50,000,000, to remain available
    until expended, shall be made available for fiscal year 2024:  Provided
    further, That of the amount provided under this heading in this Act,
    $2,500,000,000 shall be for inland flood risk management projects, of
    which not less than $750,000,000 shall be for multi-purpose projects or
    multi-purpose programs that include flood risk management as a purpose:
     Provided further, That in selecting projects under the previous
    proviso, the Secretary of the Army shall prioritize projects with
    overriding life-safety benefits:  Provided further, That of the funds
    in the proviso preceding the preceding proviso, the Secretary of the
    Army shall, to the maximum extent practicable, prioritize projects in
    the work plan that directly benefit economically disadvantaged
    communities, and may take into consideration prioritizing projects that
    benefit areas in which the percentage of people that live in poverty or
    identify as belonging to a minority group is greater than the average
    such percentage in the United States, based on data from the Bureau of
    the Census:  Provided further, That not later than 60 days after the
    date of enactment of this Act, the Chief of Engineers shall submit to
    the House and Senate Committees on Appropriations a detailed spend plan
    for the funds provided under this heading in this Act for each fiscal
    year, including a list of project locations and new construction
    projects selected to be initiated:  Provided further, That beginning
    not later than 120 days after the enactment of this Act, the Chief of
    Engineers shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds, including new
    construction projects selected to be initiated using funds provided
    under this heading in this Act:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                       mississippi river and tributaries

        For an additional amount for ``Mississippi River and Tributaries'',
    $808,000,000, to remain available until expended:  Provided, That of
    the amount provided under this heading in this Act, $258,000,000, which
    shall be obligated within 90 days of enactment of this Act, shall be
    used for necessary expenses to address emergency situations at Corps of
    Engineers Federal projects caused by natural disasters:  Provided
    further, That the Secretary may initiate additional new construction
    starts with funds provided under this heading in this Act:  Provided
    further, That the limitation concerning total project costs in section
    902 of the Water Resources Development Act of 1986 (Public Law 99-662;
    33 U.S.C. 2280), as amended, shall not apply to any project receiving
    funds provided under this heading in this Act:  Provided further, That
    not later than 60 days after the date of enactment of this Act, the
    Chief of Engineers shall submit to the House and Senate Committees on
    Appropriations a detailed spend plan for fiscal year 2022, including a
    list of project locations and construction projects selected to be
    initiated:  Provided further, That of the amount provided under this
    heading in this Act, such sums as are necessary to cover the Federal
    share of eligible operation and maintenance costs for inland harbors
    shall be derived from the general fund of the Treasury:  Provided
    further, That beginning not later than 120 days after the enactment of
    this Act, the Chief of Engineers shall provide a monthly report to the
    Committees on Appropriations of the House of Representatives and the
    Senate detailing the allocation and obligation of these funds,
    including construction projects selected to be initiated using funds
    provided under this heading in this Act:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           operation and maintenance

                         (including transfer of funds)

        For an additional amount for ``Operations and Maintenance'',
    $4,000,000,000, to remain available until expended:  Provided, That
    $2,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2024:  Provided further, That of the amount
    provided under this heading in this Act for fiscal year 2022,
    $626,000,000, which shall be obligated within 90 days of enactment of
    this Act, shall be used for necessary expenses to dredge Federal
    navigation projects in response to, and repair damages to Corps of
    Engineers Federal projects caused by, natural disasters:  Provided
    further, That of the amount provided under this heading in this Act,
    $40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring
    activities, as authorized in section 4003(a) of the Water Resources
    Reform and Development Act of 2014, as amended:  Provided further, That
    not later than 60 days after the date of enactment of this Act, the
    Chief of Engineers shall submit to the House and Senate Committees on
    Appropriations a detailed spend plan for fiscal year 2022, including a
    list of project locations, other than for the amount for natural
    disasters identified in the second proviso:  Provided further, That for
    fiscal years 2023 and 2024, as part of the annual budget submission of
    the President under section 1105(a) of title 31, United States Code,
    the Chief of Engineers shall submit a detailed spend plan for that
    fiscal year, including a list of project locations:  Provided further,
    That of the amount provided under this heading in this Act, such sums
    as are necessary to cover the Federal share of eligible operation and
    maintenance costs for coastal harbors and channels, and for inland
    harbors shall be derived from the general fund of the Treasury:
    Provided further, That up to three percent of the amounts made
    available under this heading in this Act for any fiscal year may be
    transferred to ``Regulatory Program'' or ``Expenses'' to carry out
    activities funded by those accounts:  Provided further, That the
    Committees on Appropriations of the Senate and the House of
    Representatives shall be notified at least 30 days in advance of any
    transfer made pursuant to the preceding proviso:  Provided further,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                               regulatory program

        For an additional amount for ``Regulatory Program'', $160,000,000,
    to remain available until September 30, 2026:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                     flood control and coastal emergencies

        For an additional amount for ``Flood Control and Coastal
    Emergencies'', $251,000,000, to remain available until expended:
    Provided, That funding provided under this heading in this Act and
    utilized for authorized shore protection projects shall restore such
    projects to the full project profile at full Federal expense:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                    expenses

        For an additional amount for ``Expenses'', $40,000,000, to remain
    available until expended:  Provided, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

          water infrastructure finance and innovation program account

        For an additional amount for ``Water Infrastructure Finance and
    Innovation Program Account'', $75,000,000, to remain available until
    expended:  Provided, That of the amounts provided under this heading in
    this Act, $64,000,000 shall be for the cost of direct loans and for the
    cost of guaranteed loans, for safety projects to maintain, upgrade, and
    repair dams identified in the National Inventory of Dams with a primary
    owner type of state, local government, public utility, or private:
    Provided further, That no project may be funded with amounts provided
    under this heading for a dam that is identified as jointly owned in the
    National Inventory of Dams and where one of those joint owners is the
    Federal Government:  Provided further, That of the amounts provided
    under this heading in this Act $11,000,000 shall be for administrative
    expenses to carry out the direct and guaranteed loan programs,
    notwithstanding section 5033 of the Water Infrastructure Finance and
    Innovation Act of 2014:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                     general provisions--corps of engineers

        Sec. 300.  For projects that are carried out with funds under this
    heading, the Secretary of the Army and the Director of the Office of
    Management and Budget shall consider other factors in addition to the
    benefit-cost ratio when determining the economic benefits of projects
    that benefit disadvantaged communities.

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                    central utah project completion account

        For an additional amount for ``Central Utah Project Completion
    Account'', $50,000,000, to remain available until expended, of which
    $10,000,000 shall be deposited into the Utah Reclamation Mitigation and
    Conservation Account for use by the Utah Reclamation Mitigation and
    Conservation Commission:  Provided, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                             Bureau of Reclamation

                          water and related resources

                         (including transfer of funds)

        For an additional amount for ``Water and Related Resources'',
    $8,300,000,000, to remain available until expended:  Provided, That
    $1,660,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $1,660,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $1,660,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,660,000,000, to remain available
    until expended, shall be made available for fiscal year 2025,
    $1,660,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act for fiscal years 2022 through
    2026, $1,150,000,000 shall be for water storage, groundwater storage,
    and conveyance projects in accordance with section 40902 of division D
    of this Act:  Provided further, That of the funds identified in the
    preceding proviso, $100,000,000 shall be available for small surface
    water and ground water storage projects authorized in section 40903 of
    division D of this Act:  Provided further, That of the amount provided
    under this heading in this Act, $3,200,000,000 shall be available for
    transfer into the Aging Infrastructure Account established by section
    9603(d)(1) of the Omnibus Public Land Management Act of 2009, as
    amended (43 U.S.C. 510b(d)(1)):  Provided further, That of the funds
    identified in the preceding proviso, $100,000,000 shall be made
    available for reserved or transferred works that have suffered a
    critical failure, in accordance with section 40904(a) of division D of
    this Act, and $100,000,000 shall be made available for dam
    rehabilitation, reconstruction, or replacement in accordance with
    section 40904(b) of division D of this Act:  Provided further, That of
    the amount provided under this heading in this Act for fiscal years
    2022 through 2026, $1,000,000,000 shall be for rural water projects
    that have been authorized by an Act of Congress before July 1, 2021, in
    accordance with the Reclamation Rural Water Supply Act of 2006 (43
    U.S.C. 2401 et seq.):  Provided further, That of the amount provided
    under this heading in this Act for fiscal years 2022 through 2026,
    $1,000,000,000 shall be for water recycling and reuse projects:
    Provided further, That of the funds identified in the preceding
    proviso, $550,000,000 shall be for water recycling and reuse projects
    authorized in accordance with the Reclamation Wastewater and
    Groundwater Study and Facilities Act (42 U.S.C. 390h et seq.), as
    described in section 40901(4)(A) of division D of this Act, and
    $450,000,000 shall be for large-scale water recycling and reuse
    projects in accordance with section 40905 of division D of this Act:
    Provided further, That of the amount provided under this heading in
    this Act for fiscal years 2022 through 2026, $250,000,000 shall be for
    water desalination projects in accordance with the Water Desalinization
    Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298), as described in
    section 40901(5) of division D of this Act:  Provided further, That of
    the amount provided under this heading in this Act for fiscal years
    2022 through 2026, $500,000,000 shall be for the safety of dams
    program, in accordance with the Reclamation Safety of Dams Act of 1978
    (43 U.S.C. 506 et seq.):  Provided further, That of the amount provided
    under this heading in this Act for fiscal years 2022 through 2026,
    $400,000,000 shall be for WaterSMART Grants in accordance with section
    9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C.
    10364):  Provided further, That of the funds identified in the
    preceding proviso, $100,000,000 shall be for projects that would
    improve the condition of a natural feature or nature-based feature, as
    described in section 40901(7) of division D of this Act:  Provided
    further, That of the amount provided under this heading in this Act for
    fiscal years 2022 through 2026, $300,000,000 shall be for implementing
    the drought contingency plan consistent with the obligations of the
    Secretary under the Colorado River Drought Contingency Plan
    Authorization Act (Public Law 116-14; 133 Stat. 850), as described in
    section 40901(8) of division D of this Act:  Provided further, That of
    the funds identified in the preceding proviso, $50,000,000 shall be for
    use in accordance with the Drought Contingency Plan for the Upper
    Colorado River Basin:  Provided further, That of the amount provided
    under this heading in this Act for fiscal years 2022 through 2026,
    $100,000,000 shall be to provide financial assistance for watershed
    management projects in accordance with subtitle A of title VI of the
    Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.):
    Provided further, That of the amount provided under this heading in
    this Act for fiscal years 2022 through 2026, $250,000,000 shall be for
    design, study and construction of aquatic ecosystem restoration and
    protection projects in accordance with section 1109 of the Consolidated
    Appropriations Act, 2021:  Provided further, That of the amount
    provided under this heading in this Act for fiscal years 2022 through
    2026, $100,000,000 shall be for multi-benefit projects to improve
    watershed health in accordance with section 40907 of division D of this
    Act:  Provided further, That of the amounts provided under this heading
    in this Act for fiscal years 2022 through 2026, $50,000,000 shall be
    for endangered species recovery and conservation programs in the
    Colorado River Basin in accordance with Public Law 106-392, title XVIII
    of Public Law 102-575, and subtitle E of title IX of Public Law 111-11:
     Provided further, That up to three percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be for program administration and policy expenses:
    Provided further, That not later than 60 days after the date of
    enactment of this Act, the Secretary of the Interior shall submit to
    the House and Senate Committees on Appropriations a detailed spend
    plan, including a list of project locations of the preceding proviso,
    to be funded for fiscal year 2022:  Provided further, That beginning
    not later than 120 days after the enactment of this Act, the Secretary
    of the Interior shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of the funds provided under this heading
    in this Act:  Provided further, That for fiscal years 2023 through
    2026, as part of the annual budget submission of the President under
    section 1105(a) of title 31, United States Code, the Secretary of the
    Interior shall submit a detailed spend plan for those fiscal years,
    including a list of project locations:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                              DEPARTMENT OF ENERGY

                                ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

        For an additional amount for ``Energy Efficiency and Renewable
    Energy'', $16,264,000,000 to remain available until expended:
    Provided, That of the amount provided under this heading in this Act,
    $250,000,000 shall be for activities for the Energy Efficiency
    Revolving Loan Fund Capitalization Grant Program, as authorized under
    section 40502 of division D of this Act:  Provided further, That of the
    amount provided under this heading in this Act, $40,000,000 shall be
    for grants for the Energy Auditor Training Grant Program, as authorized
    under section 40503 of division D of this Act:  Provided further, That
    of the amount provided under the heading in this Act, $225,000,000
    shall be for grants for implementing of updated building energy codes,
    as authorized under section 309 of the Energy Conservation and
    Production Act (42 U.S.C. 6831 et seq.), as amended by section 40511(a)
    of division D of this Act:  Provided further, That of the funds in the
    preceding proviso, $45,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $45,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $45,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $45,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $45,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act, $10,000,000 shall be for
    Building, Training, and Assessment Centers, as authorized under section
    40512 of division D of this Act:  Provided further, That of the amount
    provided under this heading in this Act, $10,000,000 shall be for
    grants for Career Skills Training, as authorized under section 40513 of
    division D of this Act:  Provided further, That of the amount provided
    under this heading in this Act, $150,000,000 shall be for activities
    for Industrial Research and Assessment Centers, as authorized under
    subsections (a) through (h) of section 457 of the Energy Independence
    and Security Act of 2007 (42 U.S.C. 17111 et seq.), as amended by
    section 40521(b) of division D of this Act:  Provided further, That of
    the funds in the preceding proviso, $30,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $30,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $30,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $30,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2025, and $30,000,000, to remain available until expended, shall
    be made available for fiscal year 2026:  Provided further, That of the
    amount provided under this heading in this Act, $400,000,000 shall be
    for activities for Implementation Grants for Industrial Research and
    Assessment Centers, as authorized under section 457(i) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17111 et seq.), as
    amended by section 40521(b) of division D of this Act:  Provided
    further, That of the funds in the preceding two provisos, $80,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2022, $80,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $80,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $80,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $80,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $50,000,000 shall be for carrying out activities for Manufacturing
    Leadership, as authorized under section 40534 of division D of this
    Act:  Provided further, That of the amount provided under this heading
    in this Act, $500,000,000 shall be for grants for Energy Efficiency
    Improvements and Renewable Energy Improvements at Public School
    Facilities, as authorized under section 40541 of division D of this
    Act:  Provided further, That of the funds in the preceding proviso,
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $100,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $100,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $100,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act, $50,000,000 shall be for grants for the Energy Efficiency
    Materials Pilot Program, as authorized under section 40542 of division
    D of this Act:  Provided further, That of the amount provided under
    this heading in this Act and in addition to amounts otherwise made
    available for this purpose, $3,500,000,000 shall be for carrying out
    activities for the Weatherization Assistance Program, as authorized
    under part A of title IV of the Energy Conservation and Production Act
    (42 U.S.C. 6861 et seq.):  Provided further, That of the amount
    provided under this heading in this Act and in addition to amounts
    otherwise made available for this purpose, $550,000,000 shall be for
    carrying out activities for the Energy Efficiency and Conservation
    Block Grant Program, as authorized under section 542(a) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17152(a)):  Provided
    further, That of the amount provided under this heading in this Act,
    $250,000,000 shall be for grants for the Assisting Federal Facilities
    with Energy Conservation Technologies Grant Program, as authorized
    under section 546(b) of the National Energy Conservation Policy Act (42
    U.S.C. 8256(b)):  Provided further, That of the amount provided under
    this heading in this Act, $10,000,000 shall be for extended product
    system rebates, as authorized under section 1005 of the Energy Act of
    2020 (42 U.S.C. 6311 note; Public Law 116-260):  Provided further, That
    of the amount provided under this heading in this Act, $10,000,000
    shall be for energy efficient transformer rebates, as authorized under
    section 1006 of the Energy Act of 2020 (42 U.S.C. 6317 note; Public Law
    116-260):  Provided further, That of the amount provided under this
    heading in this Act, $3,000,000,000, to remain available until
    expended, shall be for Battery Material Processing Grants, as
    authorized under section 40207(b) of division D of this Act:  Provided
    further, That of the funds in the preceding proviso, $600,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $600,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $3,000,000,000 shall be for Battery Manufacturing and Recycling Grants,
    as authorized under section 40207(c) of division D of this Act:
    Provided further, That of the funds in the preceding proviso,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $600,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $600,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $600,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act, $125,000,000 shall be to carry out activities, as authorized
    under section 40207(f) of division D of this Act:  Provided further,
    That of the amount provided under this heading in this Act, $10,000,000
    shall be for a Lithium-Ion Battery Recycling Prize Competition, as
    authorized under section 40207(e) of division D of this Act:  Provided
    further, That of the amount provided under this heading in this Act,
    $200,000,000 shall be for grants for the Electric Drive Vehicle Battery
    Recycling and Second-Life Applications Program, as authorized under
    subsection (k) of section 641 of the Energy Independence and Security
    Act of 2007 (42 U.S.C. 17231), as amended by section 40208(1) of
    division D of this Act:  Provided further, That of the funds in the
    preceding proviso, $40,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $40,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $40,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $40,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $40,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act, $750,000,000 shall be for
    grants for the Advanced Energy Manufacturing and Recycling Grant
    Program, as authorized under section 40209 of division D of this Act:
    Provided further, That of the funds in the preceding proviso,
    $150,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $150,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $150,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $150,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $150,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act, $500,000,000 shall be for activities for the Clean Hydrogen
    Manufacturing Recycling Research, Development, and Demonstration
    Program, as authorized under section 815 of the Energy Policy Act of
    2005 (42 U.S.C. 16151 et seq.), as amended by section 40314 of division
    D of this Act:  Provided further, That of the funds in the preceding
    proviso, $100,000,000, to remain available until expended, shall be
    made available for fiscal year 2022, $100,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under the heading in this Act, $1,000,000,000 shall be for
    activities for the Clean Hydrogen Electrolysis Program, as authorized
    under section 816 of the Energy Policy Act of 2005 (42 U.S.C. 16151 et
    seq.), as amended by section 40314 of division D of this Act:  Provided
    further, That of the funds in the preceding proviso, $200,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $200,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $200,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $200,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $500,000,000 shall be for carrying out activities for the State Energy
    Program, as authorized under part D of title III of the Energy Policy
    and Conservation Act (42 U.S.C. 6321 et seq.), as amended by section
    40109 of division D of this Act:  Provided further, That of the amount
    provided under this heading in this Act, $125,000,000 shall be for
    carrying out activities under section 242 of the Energy Policy Act of
    2005 (42 U.S.C. 15881), as amended by section 40331 of division D of
    this Act:  Provided further, That of the amount provided under this
    heading in this Act, $75,000,000 shall be for carrying out activities
    under section 243 of the Energy Policy Act of 2005 (42 U.S.C. 15882),
    as amended by section 40332 of division D of this Act:  Provided
    further, That of the amount provided under this heading in this Act,
    $553,600,000 shall be for activities for Hydroelectric Incentives, as
    authorized under section 247 of the Energy Policy Act of 2005 (Public
    Law 109-58; 119 Stat. 674), as amended by section 40333(a) of division
    D of this Act:  Provided further, That of the funds in the preceding
    proviso, $276,800,000, to remain available until expended, shall be
    made available for fiscal year 2022, $276,800,000, to remain available
    until expended, shall be made available for fiscal year 2023:  Provided
    further, That of the amount provided under the heading in this Act,
    $10,000,000 shall be for activities for the Pumped Storage Hydropower
    Wind and Solar Integration and System Reliability Initiative, as
    authorized under section 3201 of the Energy Policy Act of 2020 (42
    U.S.C. 17232), as amended by section 40334 of division D of this Act:
    Provided further, That of the amount provided under this heading in
    this Act, $36,000,000 shall be for carrying out activities, as
    authorized under section 634 of the Energy Independence and Security
    Act of 2007 (42 U.S.C. 17213):  Provided further, That of the amount
    provided under this heading in this Act, $70,400,000 shall be for
    carrying out activities, as authorized under section 635 of the Energy
    Independence and Security Act of 2007 (42 U.S.C.17214):  Provided
    further, That of the amount provided under this heading in this Act,
    $40,000,000 shall be for carrying out activities for the National
    Marine Energy Centers, as authorized under section 636 of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17215):  Provided
    further, That of the amount provided under this heading in this Act,
    $84,000,000 shall be for carrying out activities under section 615(d)
    of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17194(d)):  Provided further, That of the amount provided under this
    heading in this Act, $60,000,000 shall be for carrying out activities
    for the Wind Energy Technology Program, as authorized under section
    3003(b)(2) of the Energy Act of 2020 (42 U.S.C. 16237(b)(2)):  Provided
    further, That of the amount provided under this heading in this Act,
    $40,000,000 shall be for carrying out activities for the Wind Energy
    Technology Recycling Research, Development, and Demonstration Program,
    as authorized under section 3003(b)(4) of the Energy Act of 2020 (42
    U.S.C. 16237(b)(4)):  Provided further, That of the amount provided
    under this heading in this Act, $40,000,000 shall be for carrying out
    activities under section 3004(b)(2) of the Energy Act of 2020 (42
    U.S.C. 16238(b)(2)):  Provided further, That of the amount provided
    under this heading in this Act, $20,000,000 shall be for carrying out
    activities under section 3004(b)(3) of the Energy Act of 2020 (42
    U.S.C. 16238(b)(3)):  Provided further, That of the amount provided
    under this heading in this Act, $20,000,000 shall be for carrying out
    activities under section 3004(b)(4) of the Energy Act of 2020 (42
    U.S.C. 16238(b)(4)):  Provided further, That not later than 90 days
    after the date of enactment of this Act, the Secretary of Energy shall
    submit to the House and Senate Committees on Appropriations and the
    Senate Committee on Energy and Natural Resources and the House
    Committee on Energy and Commerce a detailed spend plan for fiscal year
    2022:  Provided further, That for each fiscal year through 2026, as
    part of the annual budget submission of the President under section
    1105(a) of title 31, United States Code, the Secretary of Energy shall
    submit a detailed spend plan for that fiscal year:  Provided further,
    That up to three percent of the amounts made available under this
    heading in this Act in each of fiscal years 2022 through 2026 shall be
    for program direction:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

             Cybersecurity, Energy Security, and Emergency Response

        For an additional amount for ``Cybersecurity, Energy Security, and
    Emergency Response'', $550,000,000, to remain available until expended:
     Provided, That of the amount provided under this heading in this Act,
    $250,000,000 shall be to carry out activities under the Cybersecurity
    for the Energy Sector Research, Development, and Demonstration Program,
    as authorized in section 40125(b) of division D of this Act:  Provided
    further, That of the funds in the preceding proviso, $50,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $50,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $50,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $50,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $50,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $50,000,000 shall be to carry out activities under the Energy Sector
    Operational Support for Cyberresilience Program, as authorized in
    section 40125(c) of division D of this Act:  Provided further, That of
    the amount provided under this heading in this Act, $250,000,000, to
    carry out activities under the Rural and Municipal Utility Advanced
    Cybersecurity Grant and Technical Assistance Program, as authorized in
    section 40124 of division D of this Act:  Provided further, That
    $50,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $50,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $50,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2024, $50,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $50,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That not later than 90 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to the
    House and Senate Committees on Appropriations and the Senate Committee
    on Energy and Natural Resources and the House Committee on Energy and
    Commerce a detailed spend plan for fiscal year 2022:  Provided further,
    That for each fiscal year through 2026, as part of the annual budget
    submission of the President under section 1105(a) of title 31, United
    States Code, the Secretary of Energy shall submit a detailed spend plan
    for that fiscal year:  Provided further, That up to three percent of
    the amounts made available under this heading in this Act in each of
    fiscal years 2022 through 2026 shall be for program direction:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                                  Electricity

        For an additional amount for ``Electricity'', $8,100,000,000, to
    remain available until expended:  Provided, That of the amount provided
    under this heading in this Act, $5,000,000,000 shall be for grants
    under section 40101 of division D of this Act:  Provided further, That
    of the funds in the preceding proviso, $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $50,000,000 shall be to carry out the Transmission Facilitation
    Program, including for any administrative expenses of carrying out the
    program, as authorized in section 40106(d)(3) of division D of this
    Act:  Provided further, That of the funds in the preceding proviso,
    $10,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $10,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $10,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2024, $10,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $10,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act and in addition to amounts otherwise made available for this
    purpose, $3,000,000,000, to remain available until expended, shall be
    to carry out activities under the Smart Grid Investment Matching Grant
    Program, as authorized in section 1306 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of
    division D of this Act:  Provided further, That of the funds in the
    preceding proviso, $600,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $600,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act, $50,000,000 shall be to carry
    out an advanced energy security program to secure energy networks, as
    authorized under section 40125(d) of division D of this Act:  Provided
    further, That not later than 90 days after the date of enactment of
    this Act, the Secretary of Energy shall submit to the House and Senate
    Committees on Appropriations and the Senate Committee on Energy and
    Natural Resources and the House Committee on Energy and Commerce a
    detailed spend plan for fiscal year 2022:  Provided further, That for
    each fiscal year through 2026, as part of the annual budget submission
    of the President under section 1105(a) of title 31, United States Code,
    the Secretary of Energy shall submit a detailed spend plan for that
    fiscal year:  Provided further, That up to three percent of the amounts
    made available under this heading in this Act in each of fiscal years
    2022 through 2026 shall be for program direction:  Provided further,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                 Nuclear Energy

        For an additional amount for ``Nuclear Energy'', $6,000,000,000, to
    remain available until expended, to carry out activities under the
    Civil Nuclear Credit Program, as authorized in section 40323 of
    division D of this Act:  Provided, That $1,200,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $1,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That not later than 90 days after the date of enactment of
    this Act, the Secretary of Energy shall submit to the House and Senate
    Committees on Appropriations a detailed spend plan for fiscal year
    2022:  Provided further, That for each fiscal year through 2026, as
    part of the annual budget submission of the President under section
    1105(a) of title 31, United States Code, the Secretary of Energy shall
    submit a detailed spend plan for that fiscal year:  Provided further,
    That up to $36,000,000 of the amount provided under this heading in
    this Act shall be made available in each of fiscal years 2022 through
    2026 for program direction:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                      Fossil Energy and Carbon Management

        For an additional amount for ``Fossil Energy and Carbon
    Management'', $7,497,140,781, to remain available until expended:
    Provided, That of the amount provided under this heading in this Act,
    $310,140,781 shall be to carry out activities under the Carbon
    Utilization Program, as authorized in section 969A of the Energy Policy
    Act of 2005 (42 U.S.C. 16298a), as amended by section 40302 of division
    D of this Act:  Provided further, That of the funds in the preceding
    proviso, $41,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $65,250,000, to remain available until
    expended, shall be made available for fiscal year 2023, $66,562,500, to
    remain available until expended, shall be made available for fiscal
    year 2024, $67,940,625, to remain available until expended, shall be
    made available for fiscal year 2025, and $69,387,656, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act, $100,000,000 shall be used to carry out the front-end
    engineering and design program out activities under the Carbon Capture
    Technology Program, as authorized in section 962 of the Energy Policy
    Act of 2005 (42 U.S.C. 16292), as amended by section 40303 of division
    D of this Act:  Provided further, That of the funds in the preceding
    proviso, $20,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $20,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $20,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2024, $20,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $20,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act, $2,500,000,000 shall be to carry out activities for the
    Carbon Storage Validation and Testing, as authorized section 963 of the
    Energy Policy Act of 2005 (42 U.S.C. 16293), as amended by section
    40305 of division D of this Act:  Provided further, That of the funds
    in the preceding proviso, $500,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $500,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2023, $500,000,000, to remain available until expended, shall be
    made available for fiscal year 2024, $500,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $500,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act, $3,500,000,000 shall be to
    carry out a program to develop four regional clean direct air capture
    hubs, as authorized under section 969D of the Energy Policy Act of 2005
    (42 U.S.C. 16298d), as amended by section 40308 of division D of this
    Act:  Provided further, That of the funds in the preceding proviso,
    $700,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $700,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $700,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $700,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $700,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act and in addition to amounts otherwise made available for this
    purpose, $15,000,000 shall be for precommercial direct air capture
    technology prize competitions, as authorized under section
    969D(e)(2)(A) of the Energy Policy Act of 2005 (42 U.S.C.
    16298d(e)(2)(A)):  Provided further, That of the amount provided under
    this heading in this Act and in addition to amounts otherwise made
    available for this purpose, $100,000,000 shall be for commercial direct
    air capture technology prize competitions, as authorized under section
    969D(e)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
    16298d(e)(2)(B)):  Provided further, That for amounts identified in the
    preceding proviso, the Secretary shall enter pre-construction
    commitments with selected projects for future awards for qualified
    carbon dioxide capture:  Provided further, That of the amount provided
    under this heading in this Act, $140,000,000 shall be for a Rare Earth
    Elements Demonstration Facility, as authorized under section 7001 of
    the Energy Act of 2020 (42 U.S.C. 13344), as amended by section 40205
    of division D of this Act:  Provided further, That of the amount
    provided under this heading in this Act and in addition to amounts
    otherwise made available for this purpose, $127,000,000 shall be to
    carry out rare earth mineral security activities, as authorized under
    section 7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a)):
    Provided further, That of the funds in the preceding proviso,
    $23,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $24,200,000, to remain available until
    expended, shall be made available for fiscal year 2023, $25,400,000, to
    remain available until expended, shall be made available for fiscal
    year 2024, $26,600,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $27,800,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the amount provided under this heading in
    this Act and in addition to amounts otherwise made available for this
    purpose, $600,000,000 shall be to carry out critical material
    innovation, efficiency, and alternatives activities under section
    7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)):  Provided
    further, That of the funds in the preceding proviso, $230,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $100,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $135,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $135,000,000, to remain available until expended, shall be made
    available for fiscal year 2025:  Provided further, That of the amount
    provided under this heading in this Act and in addition to amounts
    otherwise made available for this purpose, $75,000,000 shall be for the
    Critical Material Supply Chain Research Facility, as authorized under
    section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h)):
    Provided further, That of the funds in the preceding proviso,
    $40,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, and $35,000,000, to remain available
    until expended, shall be made available for fiscal year 2023:  Provided
    further, That of the amount provided under this heading in this Act,
    $30,000,000 shall be to carry out activities authorized in section
    349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as
    amended by section 40601 of division D of this Act:  Provided further,
    That not later than 90 days after the date of enactment of this Act,
    the Secretary of Energy shall submit to the House and Senate Committees
    on Appropriations a detailed spend plan for fiscal year 2022:  Provided
    further, That for each fiscal year through 2026, as part of the annual
    budget submission of the President under section 1105(a) of title 31,
    United States Code, the Secretary of Energy shall submit a detailed
    spend plan for that fiscal year:  Provided further, That up to three
    percent of the amounts made available under this heading in this Act in
    each of fiscal years 2022 through 2026 shall be for program direction:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

      Carbon Dioxide Transportation Infrastructure Finance and Innovation
                                Program Account

        For an additional amount for ``Carbon Dioxide Transportation
    Infrastructure Finance and Innovation Program Account'',
    $2,100,000,000, to remain available until expended, to carry out
    activities for the Carbon Dioxide Transportation Infrastructure Finance
    and Innovation Program, as authorized by subtitle J of title IX of the
    Energy Policy Act of 2005 (42 U.S.C. 16181 et seq.), as amended by
    section 40304(a) of division D of this Act:  Provided, That such costs,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974:  Provided further,
    That $3,000,000, to remain available until expended, shall be made
    available for fiscal year 2022 and $2,097,000,000, to remain available
    until expended, shall be made available for fiscal year 2023:  Provided
    further, That the amount made available under this heading in this Act
    for fiscal year 2022 shall be for administrative expenses to carry out
    the loan program:  Provided further, That the Office of Fossil Energy
    and Carbon Management shall oversee the Carbon Dioxide Transportation
    Infrastructure Finance and Innovation program, in consultation and
    coordination with the Department of Energy's Loan Program Office:
    Provided further, That not later than 270 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to the
    House and Senate Committees on Appropriations an analysis of how
    subsidy rates will be determined for loans financed by appropriations
    provided under this heading in this Act and an analysis of the process
    for developing draft regulations for the program, including a crosswalk
    from the statutory requirements for such program, and a timetable for
    publishing such regulations:  Provided further, That for each fiscal
    year through 2027, the annual budget submission of the President under
    section 1105(a) of title 31, United States Code, shall include a
    detailed request for the amount recommended for allocation for the
    Carbon Dioxide Transportation Finance and Innovation program from
    amounts provided under this heading in this Act and such detailed
    request shall include any information required pursuant to the Federal
    Credit Reform Act of 1990, such as credit subsidy rates, a loan
    limitation, and necessary administrative expenses to carry out the loan
    program:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                     Office of Clean Energy Demonstrations

        For an additional amount for ``Office of Clean Energy
    Demonstrations'', $21,456,000,000, to remain available until expended:
    Provided, That the Office of Clean Energy Demonstrations, as authorized
    by section 41201 of division D of this Act, shall conduct
    administrative and project management responsibilities for the
    demonstration projects provided for under this heading in this Act:
    Provided further, That the Office of Clean Energy Demonstrations shall
    consult and coordinate with technology-specific program offices to
    ensure alignment of technology goals and avoid unnecessary duplication:
     Provided further, That of the amount provided under this heading in
    this Act and in addition to amounts otherwise made available for this
    purpose, $355,000,000 shall be to carry out the Energy Storage
    Demonstration Pilot Grant Program, as authorized under section 3201(c)
    of the Energy Act of 2020 (42 U.S.C. 17232(c)):  Provided further, That
    of the funds in the preceding proviso, $88,750,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $88,750,000, to remain available until expended, shall be made
    available for fiscal year 2023, $88,750,000, to remain available until
    expended, shall be made available for fiscal year 2024, $88,750,000, to
    remain available until expended, shall be made available for fiscal
    year 2025:  Provided further, That of the amount provided under this
    heading in this Act and in addition to amounts otherwise made available
    for this purpose, $150,000,000 to carry out the Long-duration
    Demonstration Initiative and Joint Program, as authorized under section
    3201(d) of the Energy Act of 2020 (42 U.S.C. 17232(d)):  Provided
    further, That of the funds in the preceding proviso, $37,500,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $37,500,000, to remain available until expended, shall be
    made available for fiscal year 2023, $37,500,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $37,500,000, to remain available until expended, shall be made
    available for fiscal year 2025:  Provided further, That of the amount
    provided under this heading in this Act and in addition to amounts
    otherwise made available for this purpose, $2,477,000,000 shall be to
    carry out the Advanced Reactor Demonstration Program, as authorized
    under section 959A of the Energy Policy Act of 2005 (42 U.S.C. 16279a):
     Provided further, That of the funds in the preceding proviso,
    $677,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $600,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $600,000,000, to remain available until expended, shall be
    made available for fiscal year 2025:  Provided further, That funds in
    the preceding proviso shall be for projects selected prior to the date
    of enactment of this Act:  Provided further, That of the amount
    provided under this heading in this Act and in addition to amounts
    otherwise made available for this purpose, $937,000,000 shall be to
    carry out the Carbon Capture Large-scale Pilot Projects, as authorized
    under section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
    16292(b)(2)(B)):  Provided further, That of the funds in the preceding
    proviso, $387,000,000, to remain available until expended, shall be
    made available for fiscal year 2022, $200,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $150,000,000, to remain available until
    expended, shall be made available for fiscal year 2025:  Provided
    further, That of the amount provided under this heading in this Act and
    in addition to amounts otherwise made available for this purpose,
    $2,537,000,000 shall be for the Carbon Capture Demonstration Projects
    Program, as authorized under section 962(b)(2)(C) of the Energy Policy
    Act of 2005 (42 U.S.C. 16292(b)(2)(C)):  Provided further, That of the
    funds in the preceding proviso, $937,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $500,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2023, $500,000,000, to remain available until expended, shall be
    made available for fiscal year 2024, $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2025:  Provided
    further, That of the amount provided under this heading in this Act and
    in addition to amounts otherwise made available for this purpose,
    $500,000,000 shall be to carry out Industrial Emission Demonstration
    Projects, as authorized under section 454(d)(3) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)):
    Provided further, That of the funds in the preceding proviso,
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $150,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $150,000,000, to remain available until expended, shall be
    made available for fiscal year 2025:  Provided further, That of the
    amount provided under this heading in this Act and in addition to
    amounts otherwise made available for this purpose, $500,000,000 shall
    be to carry out the Clean Energy Demonstration Program on Current and
    Former Mine Land, as authorized under section 40342 of division D of
    this Act:  Provided further, That of the funds in the preceding
    proviso, $100,000,000, to remain available until expended, shall be
    made available for fiscal year 2022, $100,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act, $8,000,000,000 shall be made
    for Regional Clean Hydrogen Hubs, as authorized under section 813 of
    the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended by
    section 40314 of division D of this Act:  Provided further, That of the
    funds in the preceding proviso, $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $5,000,000,000 shall be for grants for the Program Upgrading Our
    Electric Grid and Ensuring Reliability and Resiliency, as authorized
    under section 40103(b) of division D of this Act:  Provided further,
    That of the funds in the preceding proviso, $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $1,000,000,000 shall be to carry out activities for energy improvement
    in rural and remote areas, as authorized under section 40103(c) of
    division D of this Act:  Provided further, That of the funds in the
    preceding proviso, $200,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $200,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $200,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That not later than
    90 days after the date of enactment of this Act, the Secretary of
    Energy shall submit to the House and Senate Committees on
    Appropriations a detailed spend plan for fiscal year 2022:  Provided
    further, That for each fiscal year through 2026, as part of the annual
    budget submission of the President under section 1105(a) of title 31,
    United States Code, the Secretary of Energy shall submit a detailed
    spend plan for that fiscal year:  Provided further, That up to three
    percent of the amounts made available under this heading in this Act in
    each of fiscal years 2022 through 2026 shall be for program direction:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                        POWER MARKETING ADMINISTRATIONS

     Construction, Rehabilitation, Operation and Maintenance, Western Area
                              Power Administration

                         (including transfer of funds)

        For an additional amount for ``Construction, Rehabilitation,
    Operation and Maintenance, Western Area Power Administration'',
    $500,000,000, to remain available until expended, for the purchase of
    power and transmission services:  Provided, That the amount made
    available under this heading in this Act shall be derived from the
    general fund of the Treasury and shall be reimbursable from amounts
    collected by the Western Area Power Administration pursuant to the
    Flood Control Act of 1944 and the Reclamation Project Act of 1939 to
    recover purchase power and wheeling expenses:  Provided further, That
    such amounts as the Administrator, Western Area Power Administration,
    deems necessary for the same purposes as outlined above may be
    transferred to Western Area Power Administration's Colorado River
    Basins Power Marketing Fund account:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                    GENERAL PROVISIONS--DEPARTMENT OF ENERGY

                         (including transfer of funds)

        Sec. 301.  Notwithstanding section 3304 of title 5, United States
    Code, and without regard to the provisions of sections 3309 through
    3318 of such title 5, the Secretary of Energy, upon a determination
    that there is a severe shortage of candidates or a critical hiring need
    for particular positions to carry out the Department of Energy
    activities funded under this title, may, from within the funds provided
    to the Department of Energy under this title, recruit and directly
    appoint highly qualified individuals into the competitive service:
    Provided, That such authority shall not apply to positions in the
    Excepted Service or the Senior Executive Service:  Provided further,
    That any action authorized herein shall be consistent with the merit
    principles of section 2301 of such title 5, and the Department shall
    comply with the public notice requirements of section 3327 of such
    title 5:  Provided further, That the authority under this section shall
    terminate on September 30, 2027:  Provided further, That 180 days after
    the date of enactment of this Act, the Secretary of Energy shall submit
    to the House and Senate Committees on Appropriations an estimate of the
    number of highly qualified individuals it expects to hire under the
    authority provided in this section.
        Sec. 302.  Up to one-tenth of one percent of each amount
    appropriated to the Department of Energy in this title may be
    transferred to ``Departmental Administration'' to be used for
    additional management and mission support for funds made available to
    the Department of Energy in this title in this Act.
        Sec. 303.  One-tenth of one percent of the amounts made available
    to the Department of Energy under each heading in this title in this
    Act in each of fiscal years 2022 through 2026 shall be transferred to
    the Office of the Inspector General of the Department of Energy to
    oversee the funds made available to the Department of Energy in this
    title in this Act.

                              INDEPENDENT AGENCIES

                        Appalachian Regional Commission

        For an additional amount for ``Appalachian Regional Commission'',
    $1,000,000,000, to remain available until expended, notwithstanding 40
    U.S.C. 14704:  Provided, That of the funds in the preceding proviso,
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $200,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $200,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $200,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $200,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                            Delta Regional Authority

        For an additional amount for ``Delta Regional Authority'',
    $150,000,000 to remain available until expended:  Provided, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                               Denali Commission

        For an additional amount for ``Denali Commission'', $75,000,000 to
    remain available until expended:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                      Northern Border Regional Commission

        For an additional amount for ``Northern Border Regional
    Commission'', $150,000,000 to remain available until expended:
    Provided, That such amount is designated by the Congress as being for
    an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                     Southeast Crescent Regional Commission

        For an additional amount for ``Southeast Crescent Regional
    Commission'', $5,000,000 to remain available until expended:  Provided,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                      Southwest Border Regional Commission

        For an additional amount for ``Southwest Border Regional
    Commission'', $1,250,000 to remain available until expended:  Provided,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

              TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                   PRESIDENT

                     Office of the National Cyber Director

                             salaries and expenses

        For an additional amount for ``Office of the National Cyber
    Director'', $21,000,000, to remain available until September 30, 2022,
    to carry out the purposes of section 1752 of the National Defense
    Authorization Act for Fiscal Year 2021 (Public Law 116-283):  Provided,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                       Federal Communications Commission

                          affordable connectivity fund

        For an additional amount for the ``Affordable Connectivity Fund'',
    $14,200,000,000, to remain available until expended, for the Affordable
    Connectivity Program, as authorized under section 904(b)(1) of division
    N of the Consolidated Appropriations Act, 2021 (Public Law 116-260), as
    amended by section 60502 of division F of this Act:  Provided, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                federal permitting improvement steering council

                     environmental review improvement fund

        For an additional amount for the ``Environmental Review Improvement
    Fund'', $3,000,000 to remain available until September 30, 2026:
    Provided, That $650,000, to remain available until September 30, 2022,
    shall be made available for fiscal year 2022, $650,000, to remain
    available until September 30, 2023, shall be made available for fiscal
    year 2023, $650,000, to remain available until September 30, 2024,
    shall be made available for fiscal year 2024, $650,000, to remain
    available until September 30, 2025, shall be made available for fiscal
    year 2025, and $400,000, to remain available until September 30, 2026,
    shall be made available for fiscal year 2026:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                        General Services Administration

                            real property activities

                             federal buildings fund

                         (including transfers of funds)

        For an additional amount to be deposited in the ``Federal Buildings
    Fund'', $3,418,008,000, to remain available until expended, for
    construction and acquisition, and repairs and alterations of border
    stations and land ports of entry, of which no more than $250,000,000
    shall be for Program Contingency and Operational Support for necessary
    expenses for projects funded under this heading, including, moving
    governmental agencies (including space alterations and adjustments, and
    telecommunications relocation expenses) in connection with the
    assignment, allocation and transfer of space, leasing of temporary
    space, and building operations, of which--
            (1) $2,527,808,000 shall be for projects on the U.S. Customs
        and Border Protection five-year plan;
            (2) $430,200,000 shall be for projects with completed U.S.
        Customs and Border Protection/General Services Administration
        feasibility studies as prioritized in the ``American Jobs Plan
        Project List'' submitted to the House and Senate Committees on
        Appropriations on May 28, 2021; and
            (3) $210,000,000 shall be for land ports of entry (LPOE)
        infrastructure paving; acquisition of leased LPOEs; and additional
        Federal Motor Carrier Safety Administration requirements at the
        Southern Border:
      Provided, That the General Services Administration shall submit a
    plan, by project, regarding the use of funds made available to the
    Administrator under this heading in this Act to the Committees on
    Appropriations of the House of Representatives and the Senate within 90
    days of enactment of this Act:  Provided further, That the
    Administrator of General Services shall notify the Committees on
    Appropriations of the House of Representatives and the Senate quarterly
    on the obligations and expenditures of the funds provided under this
    heading in this Act by account of the Federal Buildings Fund:  Provided
    further, That funds made available under this heading in this Act for
    Federal Buildings Fund activities may be transferred to, and merged
    with, other accounts within the Federal Buildings Fund only to the
    extent necessary to meet program requirements for such activities:
    Provided further, That the General Services Administration will provide
    notice in advance to the Committees on Appropriations of the House of
    Representatives and the Senate of any proposed transfers:  Provided
    further, That funds made available to the Administrator under this
    heading in this Act shall not be subject to section 3307 of title 40,
    United States Code:  Provided further, That amounts made available
    under this heading in this Act shall be in addition to any other
    amounts made available for such purposes, including for construction
    and acquisition or repairs and alterations:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                    TITLE V--DEPARTMENT OF HOMELAND SECURITY

                   SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                       U.S. Customs and Border Protection

                             operations and support

        For an additional amount for ``Operations and Support'',
    $330,000,000, to remain available until September 30, 2026, for
    furniture, fixtures, and equipment for the land ports of entry
    modernized with funding provided to the General Services Administration
    in this Act:  Provided, That such amount is designated by the Congress
    as being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                  procurement, construction, and improvements

        For an additional amount for ``Procurement, Construction, and
    Improvements'', $100,000,000, to remain available until September 30,
    2026, for land port of entry construction, modernization, and
    sustainment:  Provided, That not later than 90 days after the date of
    enactment of this Act, the Department shall submit to the House and
    Senate Committees on Appropriations a detailed spend plan for the
    amount made available under this heading in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                                  Coast Guard

                             operations and support

        For an additional amount for ``Operations and Support'',
    $5,000,000, to remain available until September 30, 2026, for personnel
    and administrative expenses:  Provided, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
    resolution on the budget for fiscal year 2018, and to section 251(b) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                  procurement, construction, and improvements

        For an additional amount for ``Procurement, Construction, and
    Improvements'', $429,000,000, to remain available until September 30,
    2026:  Provided, That of the funds made available under this heading in
    this Act--
            (1) $131,500,000 shall be for housing, family support, safety,
        and training facilities, as described in the Coast Guard Fiscal
        Year 2022 Unfunded Priorities List submitted to Congress on June
        29, 2021;
            (2) $158,000,000 shall be for shore construction addressing
        facility deficiencies, as described in the Coast Guard Fiscal Year
        2022 Unfunded Priorities List submitted to Congress on June 29,
        2021;
            (3) $19,500,000 shall be for shore construction supporting
        operational assets and maritime commerce, as described in the Coast
        Guard Fiscal Year 2022 Unfunded Priorities List submitted to
        Congress on June 29, 2021; and
            (4) $120,000,000 shall be for construction and improvement of
        childcare development centers:
      Provided further, That not later than 90 days after the date of
    enactment of this Act, the Department shall submit to the Committees on
    Appropriations and Commerce, Science, and Transportation of the Senate
    and the Committees on Appropriations and Transportation and
    Infrastructure in the House of Representatives a detailed expenditure
    plan, including a list of project locations under each paragraph in the
    preceding proviso:  Provided further, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                Cybersecurity and Infrastructure Security Agency

                             operations and support

        For an additional amount for ``Operations and Support'',
    $35,000,000, to remain available until September 30, 2026, for risk
    management operations and stakeholder engagement and requirements:
    Provided, That such amount is designated by the Congress as being for
    an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                    cybersecurity response and recovery fund

        For an additional amount for ``Cybersecurity Response and Recovery
    Fund'', $100,000,000, to remain available until September 30, 2028, for
    cyber response and recovery, as authorized by subtitle C of the
    Homeland Security Act of 2002, as amended by this Act:  Provided, That
    $20,000,000, to remain available until September 30, 2028, shall be
    made available for fiscal year 2022, $20,000,000, to remain available
    until September 30, 2028, shall be made available for fiscal year 2023,
    $20,000,000, to remain available until September 30, 2028, shall be
    made available for fiscal year 2024, $20,000,000, to remain available
    until September 30, 2028, shall be made available for fiscal year 2025,
    and $20,000,000, to remain available until September 30, 2028, shall be
    made available for fiscal year 2026:  Provided further, That amounts
    provided under this heading in this Act shall be available only upon a
    declaration of a significant incident by the Secretary of Homeland
    Security pursuant to section 2233 of the Homeland Security Act of 2002,
    as amended by this Act:  Provided further, That the Cybersecurity and
    Infrastructure Security Agency shall provide to the Committees on
    Appropriations and Homeland Security and Governmental Affairs of the
    Senate and the Committees on Appropriations and Oversight and Reform of
    the House of Representatives monthly reports, to be submitted not later
    than the tenth business day following the end of each month, on the
    status of funds made available under this heading in this Act,
    including an accounting of the most recent funding allocation
    estimates, obligations, expenditures, and unobligated funds, delineated
    by significant incident, as defined in section 2232 of the Homeland
    Security Act of 2002, as amended by this Act:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                      Federal Emergency Management Agency

                             operations and support

        For an additional amount for ``Operations and Support'',
    $67,000,000, to remain available until September 30, 2026, for Federal
    agency dam safety activities and assistance to States under sections 7
    through 12 of the National Dam Safety Program Act (33 U.S.C. 467e
    through 467h):  Provided, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                               federal assistance

                         (including transfer of funds)

        For an additional amount for ``Federal Assistance'',
    $2,233,000,000, which shall be allocated as follows:
            (1) $500,000,000, to remain available until expended, for
        grants pursuant to section 205 of the Robert T. Stafford Disaster
        Relief and Emergency Assistance Act (42 U.S.C. 5135):  Provided,
        That $100,000,000, to remain available until expended, shall be
        made available for fiscal year 2022, $100,000,000, to remain
        available until expended, shall be made available for fiscal year
        2023, $100,000,000, to remain available until expended, shall be
        made available for fiscal year 2024, $100,000,000, to remain
        available until expended, shall be made available for fiscal year
        2025, and $100,000,000, to remain available until expended, shall
        be made available for fiscal year 2026:  Provided further, That in
        addition to amounts made available for administrative expenses
        under section 205(d)(2) of the Robert T. Stafford Disaster Relief
        and Emergency Assistance Act (42 U.S.C. 5135(d)(2)), no more than 3
        percent of the amounts made available in fiscal year 2022, 3
        percent of the amounts made available in fiscal year 2023, and 3
        percent of the amounts made available in each of fiscal years 2024
        through 2026 under this paragraph in this Act may be transferred to
        ``Federal Emergency Management Agency--Operations and Support'' for
        salaries and expenses.
            (2) $733,000,000, to remain available until expended:
        Provided, That $148,000,000 of the amounts made available under
        this paragraph in this Act shall be for grants to States pursuant
        to section 8(e) of the National Dam Safety Program Act (33 U.S.C.
        467f(e)):  Provided further, That $585,000,000 of the amounts made
        available under this paragraph in this Act shall be for grants to
        States pursuant to section 8A of the National Dam Safety Program
        Act (33 U.S.C. 467f-2), of which no less than $75,000,000 shall be
        for the removal of dams:  Provided further, That dam removal
        projects shall include written consent of the dam owner, if
        ownership is established:  Provided further, That in addition to
        amounts made available for administrative expenses, no more than 3
        percent of the amounts made available under this paragraph in this
        Act may be transferred to ``Federal Emergency Management Agency--
        Operations and Support'' for salaries and expenses.
            (3) $1,000,000,000 to remain available until expended, for
        grants to states, local, tribal, and territorial governments for
        improvement to cybersecurity and critical infrastructure, as
        authorized by section 2218 of the Homeland Security Act of 2002, as
        amended by this Act:  Provided, That $200,000,000, to remain
        available until expended, shall be made available for fiscal year
        2022, $400,000,000, to remain available until expended, shall be
        made available for fiscal year 2023, $300,000,000, to remain
        available until expended, shall be made available for fiscal year
        2024, and $100,000,000, to remain available until expended, shall
        be made available for fiscal year 2025:  Provided further, That no
        more than 3 percent of the amounts made available in each of fiscal
        years 2022 through 2025 under this paragraph in this Act may be
        transferred to ``Federal Emergency Management Agency--Operations
        and Support'' for salaries and expenses:
      Provided, That such amount is designated by the Congress as being for
    an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                              disaster relief fund

                         (including transfer of funds)

        For an additional amount for ``Disaster Relief Fund'',
    $1,000,000,000, to remain available until expended, in addition to any
    amounts set aside pursuant to section 203(i) of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133), for
    grants pursuant to such section:  Provided, That $200,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $200,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $200,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $200,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That no more than $16,500,000 of the amounts made available in
    each of fiscal years 2022 through 2026 under this heading in this Act
    may be transferred to ``Federal Emergency Management Agency--Operations
    and Support'' for salaries and expenses:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         national flood insurance fund

        For an additional amount for ``National Flood Insurance Fund'',
    $3,500,000,000, to be derived from the General Fund of the Treasury, to
    remain available until expended, for flood mitigation actions and for
    flood mitigation assistance under section 1366 of the National Flood
    Insurance Act of 1968 (42 U.S.C. 4104c), notwithstanding sections
    1366(e), 1310(a)(7), and 1367 of such Act (42 U.S.C.4104c(e),
    4017(a)(7), 4104d), in addition to any other funds available for this
    purpose:  Provided, That $700,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $700,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2023, $700,000,000, to remain available until expended, shall be
    made available for fiscal year 2024, $700,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $700,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That notwithstanding
    section 1366(d) of the National Flood Insurance Act of 1968 (42 U.S.C.
    4104c(d)), the Administrator of the Federal Emergency Management Agency
    may also use amounts made available under subsection (a) to provide
    flood mitigation assistance under section 1366 of that Act (42 U.S.C.
    4104c) for mitigation activities in an amount up to 90 percent of all
    eligible costs for a property--
            (1) located within a census tract with a Centers for Disease
        Control and Prevention Social Vulnerability Index score of not less
        than 0.5001; or
            (2) that serves as a primary residence for individuals with a
        household income of not more than 100 percent of the applicable
        area median income:
      Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                       Science and Technology Directorate

                            research and development

        For an additional amount for ``Research and Development'',
    $157,500,000, to remain available until September 30, 2026, for
    critical infrastructure security and resilience research, development,
    test, and evaluation:  Provided, That the funds made available under
    this heading in this Act may be used for--
            (1) special event risk assessments rating planning tools;
            (2) electromagnetic pulse and geo-magnetic disturbance
        resilience capabilities;
            (3) positioning, navigation, and timing capabilities;
            (4) public safety and violence prevention to evaluate soft
        target security, including countering improvised explosive device
        events and protection of U.S. critical infrastructure; and
            (5) research supporting security testing capabilities relating
        to telecommunications equipment, industrial control systems, and
        open source software:
      Provided further, That not later than 90 days after the date of
    enactment of this Act, the Department shall submit to the House and
    Senate Committees on Appropriations a detailed spend plan for the
    amount made available under this heading in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         GENERAL PROVISION--THIS TITLE

        Sec. 501.  One-quarter of one percent of the amounts made available
    under each heading in this title in this Act in each of fiscal years
    2022 through 2026 shall be transferred to the Office of the Inspector
    General of the Department of the Homeland Security for oversight of
    funding provided to the Department of Homeland Security in this title
    in this Act.

    TITLE VI--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES

                           DEPARTMENT OF THE INTERIOR

                    United States Fish and Wildlife Service

                              resource management

                         (including transfers of funds)

        For an additional amount for ``Resource Management'', $455,000,000,
    to remain available until expended:  Provided, That $91,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2022, $91,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $91,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $91,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $91,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the funds made available under this heading in this
    Act, the following amounts shall be for the following purposes in equal
    amounts for each of fiscal years 2022 through 2026, and shall be in
    addition to amounts otherwise made available for such purpose--
            (1) $255,000,000 shall be for the following regional ecosystem
        restoration purposes--
                (A) $26,000,000 shall be for Delaware River Basin
            Conservation Act;
                (B) $162,000,000 shall be for Klamath Basin restoration
            activities, including habitat restoration, planning, design,
            engineering, environmental compliance, fee acquisition,
            infrastructure development, construction, operations and
            maintenance, improvements, and expansion, as necessary, on
            lands currently leased by the U.S. Fish and Wildlife Service
            for conservation and recovery of endangered species;
                (C) $17,000,000 shall be for implementing section 5(d)(2)
            of the Lake Tahoe Restoration Act; and
                (D) $50,000,000 shall be for sagebrush steppe ecosystem;
            (2) $200,000,000 shall be for restoring fish and wildlife
        passage by removing in-stream barriers and providing technical
        assistance under the National Fish Passage Program:
      Provided further, That one-half of one percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be transferred to the Office of Inspector General of
    the Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title in this Act:  Provided
    further, That nothing under this heading in this Act shall be construed
    as providing any new authority to remove, breach, or otherwise alter
    the operations of a Federal hydropower dam and dam removal projects
    shall include written consent of the dam owner, if ownership is
    established:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                        United States Geological Survey

                     surveys, investigations, and research

                         (including transfers of funds)

        For an additional amount for ``Surveys, Investigations, and
    Research'', $510,668,000, to remain available until expended, for the
    Secretary of the Interior to carry out activities authorized in
    sections 40201, 40204, and 41003(a) of division D of this Act:
    Provided, That amounts made available under this heading in this Act
    shall be allocated as follows:
            (1) $320,000,000 to carry out section 40201 of division D of
        this Act:  Provided, That $64,000,000, to remain available until
        September 30, 2024, shall be made available for fiscal year 2022,
        $64,000,000, to remain available until September 30, 2025, shall be
        made available for fiscal year 2023, $64,000,000, to remain
        available until September 30, 2026, shall be made available for
        fiscal year 2024, $64,000,000, to remain available until September
        30, 2027, shall be made available for fiscal year 2025, and
        $64,000,000, to remain available until September 30, 2028, shall be
        made available for fiscal year 2026;
            (2) $167,000,000, to remain available until expended, for
        fiscal year 2022 to carry out section 40204 of division D of this
        Act;
            (3) $23,668,000 to carry out section 41003(a) of division D of
        this Act:  Provided, That $8,668,000, to remain available until
        September 30, 2024, shall be made available for fiscal year 2022,
        $5,000,000, to remain available until September 30, 2025, shall be
        made available for fiscal year 2023, $5,000,000, to remain
        available until September 30, 2026, shall be made available for
        fiscal year 2024, and $5,000,000, to remain available until
        September 30, 2027, shall be made available for fiscal year 2025:
      Provided further, That amounts provided under this heading in this
    Act shall be in addition to amounts otherwise available for such
    purposes:  Provided further, That one-half of one percent of the
    amounts made available under this heading in this Act in each of fiscal
    years 2022 through 2026 shall be transferred to the Office of Inspector
    General of the Department of the Interior for oversight of funding
    provided to the Department of the Interior in this title in this Act:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

              Office of Surface Mining Reclamation and Enforcement

                        abandoned mine reclamation fund

                         (including transfers of funds)

        For an additional amount to be deposited in the ``Abandoned Mine
    Reclamation Fund'', $11,293,000,000, to remain available until
    expended, to carry out section 40701 of division D of this Act:
    Provided, That of the amount provided under this heading in this Act,
    $25,000,000, to remain available until expended, shall be to carry out
    activities as authorized in section 40701(g) of division D of this Act:
     Provided further, That up to 3 percent of the amounts made available
    under this heading in this Act shall be for salaries, expenses, and
    administration:  Provided further, That one-half of one percent of the
    amounts made available under this heading in this Act shall be
    transferred to the Office of Inspector General of the Department of the
    Interior for oversight of funding provided to the Department of the
    Interior in this title in this Act:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                 Indian Affairs

                            Bureau of Indian Affairs

                          operation of indian programs

                         (including transfers of funds)

        For an additional amount for ``Operation of Indian Programs'',
    $216,000,000, to remain available until expended for tribal climate
    resilience, adaptation, and community relocation planning, design, and
    implementation of projects which address the varying climate challenges
    facing tribal communities across the country:  Provided, That of the
    funds in the preceding proviso, $43,200,000, to remain available until
    expended, shall be made available for fiscal year 2022, $43,200,000, to
    remain available until expended, shall be made available for fiscal
    year 2023, $43,200,000, to remain available until expended shall be
    made available for fiscal year 2024, $43,200,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $43,200,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the funds
    made available under the preceding proviso for fiscal years 2022
    through 2026, $130,000,000 shall be for community relocation, and
    $86,000,000 shall be for tribal climate resilience and adaptation
    projects:  Provided further, That up to 3 percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be for salaries, expenses, and administration:
    Provided further, That one-half of one percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be transferred to the Office of Inspector General of
    the Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title in this Act:  Provided
    further, That awards made under subsection (d) to Tribes and Tribal
    organizations under the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5301 et seq.) shall be considered non-
    recurring and shall not be part of the amount required by section 106
    of the Indian Self-Determination and Education Assistance Act (25
    U.S.C. 5325), and such funds shall only be used for the purposes
    identified in this section:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                                  construction

                         (including transfers of funds)

        For an additional amount for ``Construction'', $250,000,000, to
    remain available until expended, for construction, repair, improvement,
    and maintenance of irrigation and power systems, safety of dams, water
    sanitation, and other facilities:  Provided, That any funds provided
    for the Safety of Dams program pursuant to the Act of November 2, 1921
    (25 U.S.C. 13), shall be made available on a nonreimbursable basis:
    Provided further, That $50,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $50,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $50,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $50,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $50,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the funds
    made available under this heading in this Act for fiscal years 2022
    through 2026--
            (1) Not less than $50,000,000 shall be for addressing
        irrigation and power systems; and
            (2) $200,000,000 shall be for safety of dams, water sanitation,
        and other facilities:
      Provided further, That up to 3 percent of the amounts made available
    under this heading in this Act in each of fiscal years 2022 through
    2026 shall be for salaries, expenses, and administration:  Provided
    further, That one-half of one percent of the amounts made available
    under this heading in this Act in each of fiscal years 2022 through
    2026 shall be transferred to the Office of Inspector General of the
    Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                              Departmental Offices

                            Office of the Secretary

                            departmental operations

                         (including transfers of funds)

        For an additional amount for ``Departmental Operations'',
    $905,000,000, to remain available until expended, for the Secretary of
    the Interior to carry out activities, as authorized in section 40804 of
    division D of this Act:  Provided, That $337,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $142,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $142,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $142,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2025, and $142,000,000, to remain available until expended, shall
    be made available for fiscal year 2026:  Provided further, That the
    Secretary may transfer the funds provided under this heading in this
    Act to any other account in the Department of the Interior to carry out
    such purposes:  Provided further, That the Secretary of the Interior
    and the Secretary of Agriculture, acting through the Chief of the
    Forest Service, may authorize the transfer of funds provided under this
    heading in this Act between the Departments for the purpose of carrying
    out activities as authorized in section 40804(b)(1) of division D of
    this Act:  Provided further, That up to 3 percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be for salaries, expenses, and administration:
    Provided further, That one-half of one percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be transferred to the Office of Inspector General of
    the Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                            Department-Wide Programs

                            wildland fire management

                         (including transfers of funds)

        For an additional amount for ``Wildland Fire Management'',
    $1,458,000,000, to remain available until expended:  Provided, That
    $407,600,000, to remain available until expended, shall be made
    available for fiscal year 2022, $262,600,000, to remain available until
    expended, shall be made available for fiscal year 2023, $262,600,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $262,600,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $262,600,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the funds made available under this heading
    in this Act, the following amounts shall be for the following purposes
    for the following fiscal years--
            (1) $1,055,000,000 for the Secretary of the Interior to carry
        out activities for the Department of the Interior, as authorized in
        section 40803 of division D of this Act, including fuels management
        activities, of which $327,000,000, to remain available until
        expended, shall be made available for fiscal year 2022 and
        $182,000,000, to remain available until expended, shall be made
        available for each of fiscal years 2023 through 2026;
            (2) In addition to amounts made available in paragraph (1) for
        fuels management activities, $35,600,000 for each of fiscal years
        2022 through 2026 for such purpose; and
            (3) In addition to amounts made available in paragraph (1) for
        burned area rehabilitation, $45,000,000 for each of fiscal years
        2022 through 2026 for such purpose:
      Provided further, That up to $2,000,000 for each of fiscal years 2022
    through 2026 from funds made available in paragraphs (2) and (3) of the
    preceding proviso shall be for implementation of the Tribal Forestry
    Protection Act, as amended (Public Law 108-278):  Provided further,
    That the Secretary may transfer the funds provided under this heading
    in this Act to any other account in the Department of the Interior to
    carry out such purposes:  Provided further, That funds appropriated
    under this heading in this Act may be transferred to the United States
    Fish and Wildlife Service and the National Marine Fisheries Service for
    the costs of carrying out their responsibilities under the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference,
    as required by section 7 of such Act, in connection with wildland fire
    management activities:  Provided further, That up to 3 percent of the
    amounts made available under this heading in this Act in each of fiscal
    years 2022 through 2026 shall be for salaries, expenses, and
    administration:  Provided further, That one-half of one percent of the
    amounts made available under this heading in this Act in each of fiscal
    years 2022 through 2026 shall be transferred to the Office of Inspector
    General of the Department of the Interior for oversight of funding
    provided to the Department of the Interior in this title in this Act:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                    Energy Community Revitalization Program

                         (including transfers of funds)

        For an additional amount for Department-Wide Programs,
    $4,677,000,000, to remain available until expended, for an Energy
    Community Revitalization program to carry out orphaned well site
    plugging, remediation, and restoration activities authorized in section
    349 of the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by
    section 40601 of division D of this Act:  Provided, That of the funds
    made available under this heading in this Act, the following amounts
    shall be for the following purposes--
            (1) $250,000,000, to remain available until September 30, 2030,
        shall be to carry out activities authorized in section 349(b) of
        the Energy Policy Act of 2005 (42 U.S.C. 15907(b)), as amended by
        section 40601 of division D of this Act;
            (2) $775,000,000, to remain available until September 30, 2030,
        shall be to carry out activities authorized in section 349(c)(3) of
        the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(3)), as amended
        by section 40601 of division D of this Act;
            (3) $2,000,000,000, to remain available until September 30,
        2030, shall be to carry out activities authorized in section
        349(c)(4) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(4)),
        as amended by section 40601 of division D of this Act;
            (4) $1,500,000,000, to remain available until September 30,
        2030, shall be to carry out activities authorized in section
        349(c)(5) of the Energy Policy Act of 2005 (42 U.S.C. 15907(c)(5)),
        as amended by section 40601 of division D of this Act;
            (5) $150,000,000, to remain available until September 30, 2030,
        shall be to carry out activities authorized in section 349(d) of
        the Energy Policy Act of 2005 (42 U.S.C.15907(d)), as amended by
        section 40601 of division D of this Act;
      Provided further, That of the amount provided under this heading in
    this Act, $2,000,000 shall be provided by the Secretary through a
    cooperative agreement with the Interstate Oil and Gas Compact
    Commission to carry out the consultations authorized in section 349 of
    the Energy Policy Act of 2005 (42 U.S.C. 15907), as amended by section
    40601 of division D of this Act:  Provided further, That amounts
    provided under this heading in this Act shall be in addition to amounts
    otherwise available for such purposes:  Provided further, That amounts
    provided under this heading in this Act are not available to fulfill
    Comprehensive Environmental Response, Compensation, and Liability Act
    (CERCLA) obligations agreed to in settlement or imposed by a court,
    whether for payment of funds or for work to be performed:  Provided
    further, That the Secretary may transfer the funds provided under this
    heading in this Act to any other account in the Department of the
    Interior to carry out such purposes:  Provided further, That the
    Secretary may transfer funds made available in paragraph (1) of the
    first proviso under this heading to the Secretary of Agriculture,
    acting through the Chief of the Forest Service, to carry out such
    purposes:  Provided further, That up to 3 percent of the amounts made
    available under this heading in this Act shall be for salaries,
    expenses, and administration:  Provided further, That one-half of one
    percent of the amounts made available under this heading in this Act
    shall be transferred to the Office of Inspector General of the
    Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                 General Provisions, Department of the Interior

        Sec. 601.  Not later than 90 days after the date of enactment of
    this Act, the Secretary of the Interior shall submit to the House and
    Senate Committees on Appropriations a detailed spend plan for the funds
    provided to the Department of the Interior in this title in this Act
    for fiscal year 2022, and for each fiscal year through 2026, as part of
    the annual budget submission of the President under section 1105(a) of
    title 31, United States Code, the Secretary of the Interior shall
    submit a detailed spend plan for the funds provided to the Department
    of the Interior in this title in this Act for that fiscal year.

                        ENVIRONMENTAL PROTECTION AGENCY

                     Environmental Programs and Management

                         (including transfers of funds)

        For an additional amount for ``Environmental Programs and
    Management'', $1,959,000,000, which shall be allocated as follows:
            (1) $1,717,000,000, to remain available until expended, for
        Geographic Programs as specified in the explanatory statement
        described in section 4 of the matter preceding division A of Public
        Law 116-260:  Provided, That $343,400,000, to remain available
        until expended, shall be made available for fiscal year 2022,
        $343,400,000, to remain available until expended, shall be made
        available for fiscal year 2023, $343,400,000, to remain available
        until expended, shall be made available for fiscal year 2024,
        $343,400,000, to remain available until expended, shall be made
        available for fiscal year 2025, and $343,400,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That of the funds made available in this
        paragraph in this Act, the following amounts shall be for the
        following purposes in equal amounts for each of fiscal years 2022
        through 2026--
                (A) $1,000,000,000 shall be for Great Lakes Restoration
            Initiative;
                (B) $238,000,000 shall be for Chesapeake Bay;
                (C) $24,000,000 shall be for San Francisco Bay;
                (D) $89,000,000 shall be for Puget Sound;
                (E) $106,000,000 shall be for Long Island Sound;
                (F) $53,000,000 shall be for Gulf of Mexico;
                (G) $16,000,000 shall be for South Florida;
                (H) $40,000,000 shall be for Lake Champlain;
                (I) $53,000,000 shall be for Lake Pontchartrain;
                (J) $15,000,000 shall be for Southern New England
            Estuaries;
                (K) $79,000,000 shall be for Columbia River Basin; and
                (L) $4,000,000 shall be for other geographic activities
            which includes Pacific Northwest:
          Provided further, That the Administrator may waive or reduce the
        required non-Federal share for amounts made available under this
        paragraph in this Act for the purposes described in the preceding
        proviso;
            (2) $132,000,000, to remain available until expended, for the
        National Estuary Program grants under section 320(g)(2) of the
        Federal Water Pollution Control Act, notwithstanding the funding
        limitation in section 320(i)(2)(B) of the Act:  Provided, That
        $26,400,000, to remain available until expended, shall be made
        available for fiscal year 2022, $26,400,000, to remain available
        until expended, shall be made available for fiscal year 2023,
        $26,400,000, to remain available until expended, shall be made
        available for fiscal year 2024, $26,400,000, to remain available
        until expended, shall be made available for fiscal year 2025, and
        $26,400,000, to remain available until expended, shall be made
        available for fiscal year 2026:  Provided further, That the
        Administrator may waive or reduce the required non-Federal share
        for amounts made available under this paragraph in this Act:
        Provided further, That up to three percent of the amounts made
        available under this paragraph in this Act shall be for salaries,
        expenses, and administration;
            (3) $60,000,000, to remain available until expended, for
        actions under the Gulf Hypoxia Action Plan:  Provided, That
        $12,000,000, to remain available until expended, shall be made
        available for fiscal year 2022, $12,000,000, to remain available
        until expended, shall be made available for fiscal year 2023,
        $12,000,000, to remain available until expended, shall be made
        available for fiscal year 2024, $12,000,000, to remain available
        until expended, shall be made available for fiscal year 2025, and
        $12,000,000, to remain available until expended, shall be made
        available for fiscal year 2026:  Provided further, That funds shall
        be provided annually to the twelve states serving as members of the
        Mississippi River/Gulf of Mexico Watershed Nutrient Task Force
        (Arkansas, Iowa, Illinois, Indiana, Kentucky, Louisiana, Minnesota,
        Missouri, Mississippi, Ohio, Tennessee, and Wisconsin) in equal
        amounts for each state for the period of fiscal year 2022 to fiscal
        year 2026:  Provided further, That up to three percent of the
        amounts made available under this paragraph in this Act shall be
        for salaries, expenses, and administration;
            (4) $25,000,000, to remain available until expended, to support
        permitting of Class VI wells as authorized under section 40306 of
        division D of this Act, to be carried out by Drinking Water
        Programs:  Provided, That $5,000,000, to remain available until
        expended, shall be made available for fiscal year 2022, $5,000,000,
        to remain available until expended, shall be made available for
        fiscal year 2023, $5,000,000, to remain available until expended,
        shall be made available for fiscal year 2024, $5,000,000, to remain
        available until expended, shall be made available for fiscal year
        2025, and $5,000,000, to remain available until expended, shall be
        made available for fiscal year 2026;
            (5) $10,000,000, to remain available until September 30, 2026,
        for developing battery recycling best practices, as authorized
        under section 70401(b) of division G of this Act, to be carried out
        by the Resource Conservation and Recovery Act program;
            (6) $15,000,000, to remain available until September 30, 2026,
        for developing voluntary battery labeling guidelines, as authorized
        under section 70401(c) of division G of this Act, to be carried out
        by the Resource Conservation and Recovery Act program;
      Provided, That funds provided for the purposes described in
    paragraphs (1), (2), and (3) under this heading in this Act may be
    transferred to the United States Fish and Wildlife Service and the
    National Marine Fisheries Service for the costs of carrying out their
    responsibilities under the Endangered Species Act of 1973 (16 U.S.C.
    1531 et seq.) to consult and conference, as required by section 7 of
    such Act, in connection with Geographic programs, the National Estuary
    Program, and the Gulf Hypoxia Action Plan:  Provided further, That
    amounts provided under this heading in this Act shall be in addition to
    amounts otherwise available for such purposes:  Provided further, That
    one-half of one percent of the amounts made available under this
    heading in this Act in each of fiscal years 2022 through 2026 shall be
    transferred to the Office of Inspector General of the Environmental
    Protection Agency for oversight of funding provided to the
    Environmental Protection Agency in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         Hazardous Substance Superfund

                         (including transfers of funds)

        For an additional amount for ``Hazardous Substance Superfund'',
    $3,500,000,000, to remain available until expended, consisting of such
    sums as are available in the Trust Fund on September 30, 2021, as
    authorized by section 517(a) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA) and up to $3,500,000,000 as a
    payment from general revenues to the Hazardous Substance Superfund for
    purposes as authorized by section 517(b) of SARA, for all costs
    associated with Superfund: Remedial activities:  Provided, That in
    providing technical and project implementation assistance for amounts
    made available under this heading in this Act, the Administrator shall
    consider the unique needs of Tribal communities with contaminated sites
    where the potentially responsible parties cannot pay or cannot be
    identified, but shall not alter the process for prioritizing site
    cleanups:  Provided further, That amounts provided under this heading
    in this Act shall be in addition to amounts otherwise available for
    such purposes:  Provided further, That amounts provided under this
    heading in this Act shall not be subject to cost share requirements
    under section 104(c)(3) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (CERCLA) (42 U.S.C.
    9604(c)(3)):  Provided further, That the Administrator of the
    Environmental Protection Agency shall annually report to Congress on
    the status of funded projects:  Provided further, That one-half of one
    percent of the amounts made available under this heading in this Act in
    each of fiscal years 2022 through 2026 shall be transferred to the
    Office of Inspector General of the Environmental Protection Agency for
    oversight of funding provided to the Environmental Protection Agency in
    this title in this Act:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                       State and Tribal Assistance Grants

                         (including transfers of funds)

        For an additional amount for ``State and Tribal Assistance
    Grants'', $55,426,000,000, to remain available until expended:
    Provided, That amounts made available under this heading in this Act
    shall be allocated as follows:
            (1) $11,713,000,000 for capitalization grants for the Clean
        Water State Revolving Funds under title VI of the Federal Water
        Pollution Control Act:  Provided, That $1,902,000,000, to remain
        available until expended, shall be made available for fiscal year
        2022, $2,202,000,000, to remain available until expended, shall be
        made available for fiscal year 2023, $2,403,000,000, to remain
        available until expended, shall be made available for fiscal year
        2024, $2,603,000,000, to remain available until expended, shall be
        made available for fiscal year 2025, and $2,603,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That for the funds provided under this
        paragraph in this Act in fiscal year 2022 and fiscal year 2023, the
        State shall deposit in the State loan fund from State moneys an
        amount equal to at least 10 percent of the total amount of the
        grant to be made to the State, notwithstanding sections 602(b)(2),
        602(b)(3) or 202 of the Federal Water Pollution Control Act:
        Provided further, That for the funds made available under this
        paragraph in this Act, forty-nine percent of the funds made
        available to each State for Clean Water State Revolving Fund
        capitalization grants shall be used by the State to provide subsidy
        to eligible recipients in the form of assistance agreements with
        100 percent forgiveness of principal or grants (or any combination
        of these), notwithstanding section 603(i)(3)(B) of the Federal
        Water Pollution Control Act (33 U.S.C. 1383):  Provided further,
        That up to three percent of the amounts made available under this
        paragraph in this Act in fiscal year 2022 and up to two percent in
        each of fiscal years 2023 through 2026 shall be for salaries,
        expenses, and administration:  Provided further, That not less than
        80 percent of the amounts the Administrator uses in each fiscal
        year for salaries, expenses, and administration from amounts made
        available under this paragraph in this Act for such purposes shall
        be used for purposes other than hiring full-time employees:
        Provided further, That 0.35 percent of the amounts made available
        under this paragraph in this Act in each of fiscal years 2022
        through 2026 shall be transferred to the Office of Inspector
        General of the Environmental Protection Agency for oversight of
        funding provided to the Environmental Protection Agency in this
        title in this Act;
            (2) $11,713,000,000 for capitalization grants for the Drinking
        Water State Revolving Funds under section 1452 of the Safe Drinking
        Water Act:  Provided, That $1,902,000,000, to remain available
        until expended, shall be made available for fiscal year 2022,
        $2,202,000,000, to remain available until expended, shall be made
        available for fiscal year 2023, $2,403,000,000, to remain available
        until expended, shall be made available for fiscal year 2024,
        $2,603,000,000, to remain available until expended, shall be made
        available for fiscal year 2025, and $2,603,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That for the funds provided under this
        paragraph in this Act in fiscal year 2022 and fiscal year 2023, the
        State shall deposit in the State loan fund from State moneys an
        amount equal to at least 10 percent of the total amount of the
        grant to be made to the State, notwithstanding section 1452(e) of
        the Safe Drinking Water Act:  Provided further, That for the funds
        made available under this paragraph in this Act, forty-nine percent
        of the funds made available to each State for Drinking Water State
        Revolving Fund capitalization grants shall be used by the State to
        provide subsidy to eligible recipients in the form of assistance
        agreements with 100 percent forgiveness of principal or grants (or
        any combination of these), notwithstanding section 1452(d)(2) of
        the Safe Drinking Water Act (42 U.S.C. 300j-12):  Provided further,
        That up to three percent of the amounts made available under this
        paragraph in this Act in fiscal year 2022 and up to two percent in
        each of fiscal years 2023 through 2026 shall be for salaries,
        expenses, and administration:  Provided further, That not less than
        80 percent of the amounts the Administrator uses in each fiscal
        year for salaries, expenses, and administration from amounts made
        available under this paragraph in this Act for such purposes shall
        be used for purposes other than hiring full-time employees:
        Provided further, That 0.35 percent of the amounts made available
        under this paragraph in this Act in each of fiscal years 2022
        through 2026 shall be transferred to the Office of Inspector
        General of the Environmental Protection Agency for oversight of
        funding provided to the Environmental Protection Agency in this
        title in this Act;
            (3) $15,000,000,000 for capitalization grants for the Drinking
        Water State Revolving Funds under section 1452 of the Safe Drinking
        Water Act:  Provided, That $3,000,000,000, to remain available
        until expended, shall be made available for fiscal year 2022,
        $3,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2023, $3,000,000,000, to remain available
        until expended, shall be made available for fiscal year 2024,
        $3,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2025, and $3,000,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That the funds provided under this
        paragraph in this Act shall be for lead service line replacement
        projects and associated activities directly connected to the
        identification, planning, design, and replacement of lead service
        lines:  Provided further, That for the funds made available under
        this paragraph in this Act, forty-nine percent of the funds made
        available to each State for Drinking Water State Revolving Fund
        capitalization grants shall be used by the State to provide subsidy
        to eligible recipients in the form of assistance agreements with
        100 percent forgiveness of principal or grants (or any combination
        of these), notwithstanding section 1452(d)(2) of the Safe Drinking
        Water Act (42 U.S.C. 300j-12):  Provided further, That the funds
        provided under this paragraph in this Act shall not be subject to
        the matching or cost share requirements of section 1452(e) of the
        Safe Drinking Water Act:  Provided further, That up to three
        percent of the amounts made available under this paragraph in this
        Act in fiscal year 2022 and up to two percent in each of fiscal
        years 2023 through 2026 shall be for salaries, expenses, and
        administration:  Provided further, That one-half of one percent of
        the amounts made available under this paragraph in this Act in each
        of fiscal years 2022 through 2026 shall be transferred to the
        Office of Inspector General of the Environmental Protection Agency
        for oversight of funding provided to the Environmental Protection
        Agency in this title in this Act;
            (4) $1,000,000,000 for capitalization grants for the Clean
        Water State Revolving Funds under title VI of the Federal Water
        Pollution Control Act:  Provided, That $100,000,000, to remain
        available until expended, shall be made available for fiscal year
        2022, $225,000,000, to remain available until expended, shall be
        made available for fiscal year 2023, $225,000,000, to remain
        available until expended, shall be made available for fiscal year
        2024, $225,000,000, to remain available until expended, shall be
        made available for fiscal year 2025, and $225,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That funds provided under this paragraph
        in this Act shall be for eligible uses under section 603(c) of the
        Federal Water Pollution Control Act that address emerging
        contaminants:  Provided further, That funds provided under this
        paragraph in this Act shall not be subject to the matching or cost
        share requirements of sections 602(b)(2), 602(b)(3), or 202 of the
        Federal Water Pollution Control Act:  Provided further, That funds
        provided under this paragraph in this Act deposited into the state
        revolving fund shall be provided to eligible recipients as
        assistance agreements with 100 percent principal forgiveness or as
        grants (or a combination of these):  Provided further, That up to
        three percent of the amounts made available under this paragraph in
        this Act in fiscal year 2022 and up to two percent in each of
        fiscal years 2023 through 2026 shall be for salaries, expenses, and
        administration:  Provided further, That one-half of one percent of
        the amounts made available under this paragraph in this Act in each
        of fiscal years 2022 through 2026 shall be transferred to the
        Office of Inspector General of the Environmental Protection Agency
        for oversight of funding provided to the Environmental Protection
        Agency in this title in this Act;
            (5) $4,000,000,000 for capitalization grants for the Drinking
        Water State Revolving Funds under section 1452 of the Safe Drinking
        Water Act:  Provided, That $800,000,000, to remain available until
        expended, shall be made available for fiscal year 2022,
        $800,000,000, to remain available until expended, shall be made
        available for fiscal year 2023, $800,000,000, to remain available
        until expended, shall be made available for fiscal year 2024,
        $800,000,000, to remain available until expended, shall be made
        available for fiscal year 2025, and $800,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That funds provided under this paragraph
        in this Act shall be to address emerging contaminants in drinking
        water with a focus on perfluoroalkyl and polyfluoroalkyl substances
        through capitalization grants under section 1452(t) of the Safe
        Drinking Water Act for the purposes described in section
        1452(a)(2)(G) of such Act:  Provided further, That funds provided
        under this paragraph in this Act deposited into the State revolving
        fund shall be provided to eligible recipients as loans with 100
        percent principal forgiveness or as grants (or a combination of
        these):  Provided further, That funds provided under this paragraph
        in this Act shall not be subject to the matching or cost share
        requirements of section 1452(e) of the Safe Drinking Water Act:
        Provided further, That up to three percent of the amounts made
        available under this paragraph in this Act in fiscal year 2022 and
        up to two percent in each of fiscal years 2023 through 2026 shall
        be for salaries, expenses, and administration:  Provided further,
        That one-half of one percent of the amounts made available under
        this paragraph in this Act in each of fiscal years 2022 through
        2026 shall be transferred to the Office of Inspector General of the
        Environmental Protection Agency for oversight of funding provided
        to the Environmental Protection Agency in this title in this Act;
            (6) $5,000,000,000 for grants for addressing emerging
        contaminants under subsections (a) through (j) of section 1459A of
        the Safe Drinking Water Act (42 U.S.C. 300j-19a):  Provided, That
        $1,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2022, $1,000,000,000, to remain available
        until expended, shall be made available for fiscal year 2023,
        $1,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2024, $1,000,000,000, to remain available
        until expended, shall be made available for fiscal year 2025, and
        $1,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2026:  Provided further, That funds
        provided to States under this paragraph may be used for projects
        that address emerging contaminants supporting a community described
        in section 1459A, subsection (c)(2), of the Safe Drinking Water
        Act, notwithstanding the definition of underserved communities in
        section 1459A, subsection (a)(2), of the Safe Drinking Water Act:
        Provided further, That funds provided under this paragraph in this
        Act shall not be subject to the matching or cost share requirements
        of section 1459A of the Safe Drinking Water Act:  Provided further,
        That up to three percent of the amounts made available under this
        paragraph in this Act in each of fiscal years 2022 through 2026
        shall be for salaries, expenses, and administration:  Provided
        further, That one-half of one percent of the amounts made available
        under this paragraph in this Act in each of fiscal years 2022
        through 2026 shall be transferred to the Office of Inspector
        General of the Environmental Protection Agency for oversight of
        funding provided to the Environmental Protection Agency in this
        title in this Act;
            (7) $50,000,000, to remain available until expended, to award
        Underground Injection Control grants, as authorized under section
        40306 of division D of this Act, and for activities to support
        states' efforts to develop programs leading to primacy:  Provided,
        That up to three percent of the amounts made available under this
        paragraph in this Act shall be for salaries, expenses, and
        administration:  Provided further, That one-half of one percent of
        the amounts made available under this paragraph in this Act shall
        be transferred to the Office of Inspector General of the
        Environmental Protection Agency for oversight of funding provided
        to the Environmental Protection Agency in this title in this Act;
            (8) $1,500,000,000 for brownfields activities:  Provided, That
        $300,000,000, to remain available until expended, shall be made
        available for fiscal year 2022, $300,000,000, to remain available
        until expended, shall be made available for fiscal year 2023,
        $300,000,000, to remain available until expended, shall be made
        available for fiscal year 2024, $300,000,000, to remain available
        until expended, shall be made available for fiscal year 2025, and
        $300,000,000, to remain available until expended, shall be made
        available for fiscal year 2026:  Provided further, That of the
        amounts made available in this paragraph in this Act, the following
        amounts shall be for the following purposes, in equal amounts for
        each of fiscal years 2022 through 2026--
                (A) $1,200,000,000 shall be to carry out Brownfields
            projects authorized by section 104(k) of the Comprehensive
            Environmental Response, Compensation, and Liability Act of 1980
            (CERCLA), including grants, interagency agreements and
            associated program support costs, of which up to $600,000,000,
            notwithstanding funding limitations in such sections of such
            Act, may be for--
                    (i) grants under section 104(k)(3)(A)(ii) of CERCLA to
                remediate brownfields sites in amounts not to exceed
                $5,000,000 per grant;
                    (ii) multipurpose grants under section 104(k)(4)(B)(i)
                of CERCLA in amounts not to exceed $10,000,000 per grant;
                    (iii) grants under sections 104(k)(2)(B) and
                104(k)(5)(A)(i) of CERCLA for site characterization and
                assessment activities on a community-wide or site-by-site
                basis in amounts not to exceed $10,000,000 per grant and
                without further limitation on the amount that may be
                expended for any individual brownfield site;
                    (iv) grants under sections 104(k)(3)(A)(i) and
                104(k)(5)(A)(ii) of CERCLA for capitalization of revolving
                loan funds in amounts not to exceed $10,000,000 per grant;
                and
                    (v) grants under section 104(k)(7) of CERCLA for job
                training in amounts not to exceed $1,000,000 per grant; and
                (B) $300,000,000 shall be to carry out section 128 of the
            Comprehensive Environmental Response, Compensation, and
            Liability Act of 1980:
          Provided further, That funds provided under this paragraph in
        this Act shall not be subject to cost share requirements under
        section 104(k)(10)(B)(iii) of the Comprehensive Environmental
        Response, Compensation, and Liability Act of 1980:  Provided
        further, That the Administrator of the Environmental Protection
        Agency shall annually report to Congress on the status of funded
        projects:  Provided further, That up to three percent of the
        amounts made available under this paragraph in this Act in each of
        fiscal years 2022 through 2026 shall be for salaries, expenses, and
        administration:  Provided further, That one-half of one percent of
        the amounts made available under this paragraph in this Act in each
        of fiscal years 2022 through 2026 shall be transferred to the
        Office of Inspector General of the Environmental Protection Agency
        for oversight of funding provided to the Environmental Protection
        Agency in this title in this Act;
            (9) $100,000,000 for all costs for carrying out section 6605 of
        the Pollution Prevention Act:  Provided, That $20,000,000, to
        remain available until expended, shall be made available for fiscal
        year 2022, $20,000,000, to remain available until expended, shall
        be made available for fiscal year 2023, $20,000,000, to remain
        available until expended, shall be made available for fiscal year
        2024, $20,000,000, to remain available until expended, shall be
        made available for fiscal year 2025, and $20,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That funds provided under this paragraph
        in this Act shall not be subject to cost share requirements under
        section 6605(c) of the Pollution Prevention Act:  Provided further,
        That one-half of one percent of the amounts made available under
        this paragraph in this Act in each of fiscal years 2022 through
        2026 shall be transferred to the Office of Inspector General of the
        Environmental Protection Agency for oversight of funding provided
        to the Environmental Protection Agency in this title in this Act;
            (10) $275,000,000 for grants under section 302(a) of the Save
        Our Seas 2.0 Act (Public Law 116-224):  Provided, That $55,000,000,
        to remain available until expended, shall be made available for
        fiscal year 2022, $55,000,000, to remain available until expended,
        shall be made available for fiscal year 2023, $55,000,000, to
        remain available until expended, shall be made available for fiscal
        year 2024, $55,000,000, to remain available until expended, shall
        be made available for fiscal year 2025, and $55,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That notwithstanding section 302(a) of
        such Act, the Administrator may also provide grants pursuant to
        such authority to tribes, intertribal consortia consistent with the
        requirements in 40 CFR 35.504(a), former Indian reservations in
        Oklahoma (as determined by the Secretary of the Interior), and
        Alaskan Native Villages as defined in Public Law 92-203:  Provided
        further, That up to three percent of the amounts made available
        under this paragraph in this Act in each of fiscal years 2022
        through 2026 shall be for salaries, expenses, and administration:
        Provided further, That one-half of one percent of the amounts made
        available under this paragraph in this Act in each of fiscal years
        2022 through 2026 shall be transferred to the Office of Inspector
        General of the Environmental Protection Agency for oversight of
        funding provided to the Environmental Protection Agency in this
        title in this Act;
            (11) $75,000,000 to award grants focused on improving material
        recycling, recovery, management, and reduction, as authorized under
        section 70402 of division G of this Act:  Provided, That
        $15,000,000, to remain available until expended, shall be made
        available for fiscal year 2022, $15,000,000, to remain available
        until expended, shall be made available for fiscal year 2023,
        $15,000,000, to remain available until expended, shall be made
        available for fiscal year 2024, $15,000,000, to remain available
        until expended, shall be made available for fiscal year 2025, and
        $15,000,000, to remain available until expended, shall be made
        available for fiscal year 2026:  Provided further, That up to three
        percent of the amounts made available under this paragraph in this
        Act in each of fiscal years 2022 through 2026 shall be for
        salaries, expenses, and administration:  Provided further, That
        one-half of one percent of the amounts made available under this
        paragraph in this Act in each of fiscal years 2022 through 2026
        shall be transferred to the Office of Inspector General of the
        Environmental Protection Agency for oversight of funding provided
        to the Environmental Protection Agency in this title in this Act;
            (12) $5,000,000,000 for the Clean School Bus Program as
        authorized under section 741 of the Energy Policy Act of 2005 (42
        U.S.C. 16091), as amended by section 71101 of division G of this
        Act:  Provided, That $1,000,000,000, to remain available until
        expended, shall be made available for fiscal year 2022,
        $1,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2023, $1,000,000,000, to remain available
        until expended, shall be made available for fiscal year 2024,
        $1,000,000,000, to remain available until expended, shall be made
        available for fiscal year 2025, and $1,000,000,000, to remain
        available until expended, shall be made available for fiscal year
        2026:  Provided further, That of the funds provided, $500,000,000
        shall be provided annually for zero-emission school buses, as
        defined in section 741(a)(8) of the Energy Policy Act of 2005 (42
        U.S.C. 16091(a)(8)), as amended by section 71101 of division G of
        this Act, and $500,000,000 shall be provided annually for clean
        school buses and zero-emission school buses, as defined in section
        741(a)(3) of the Energy Policy Act of 2005 (42 U.S.C. 16091(a)(3)),
        as amended by section 71101 of division G of this Act:  Provided
        further, That up to three percent of the amounts made available
        under this paragraph in this Act in each of fiscal years 2022
        through 2026 shall be for salaries, expenses, and administration:
        Provided further, That up to one-half of one percent of the of the
        amounts made available under this heading in this Act in each of
        fiscal years 2022 through 2026 shall be transferred to the Office
        of Inspector General of the Environmental Protection Agency for
        oversight of funding provided to the Environmental Protection
        Agency in this title in this Act:  Provided further, That if there
        are unobligated funds in any of fiscal years 2022 through 2026
        after the Administrator of the Environmental Protection Agency
        issues awards for that fiscal year, States may compete for those
        funds, notwithstanding the 10 percent limitation under section
        741(b)(7)(B) of the Energy Policy Act of 2005 (42 U.S.C.
        16091(b)(7)(B)), as amended by section 71101 of division G of this
        Act:
      Provided further, That amounts provided under this heading in this
    Act shall be in addition to amounts otherwise available for such
    purposes:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

              General Provisions--Environmental Protection Agency

                         (including transfers of funds)

        Sec. 611.  Funds made available to the Environmental Protection
    Agency by this Act for salaries, expenses, and administration purposes
    may be transferred to the ``Environmental Programs and Management''
    account or the ``Science and Technology'' account as needed for such
    purposes.
        Sec. 612.  Not later than 90 days after the date of enactment of
    this Act, the Administrator of the Environmental Protection Agency
    shall submit to the House and Senate Committees on Appropriations a
    detailed spend plan for the funds provided to the Environmental
    Protection Agency in this title for fiscal year 2022, and for each
    fiscal year through 2026, as part of the annual budget submission of
    the President under section 1105(a) of title 31, United States Code,
    the Administrator of the Environmental Protection Agency shall submit a
    detailed spend plan for the funds provided to the Environmental
    Protection Agency in this title for that fiscal year.
        Sec. 613.  For this fiscal year and each fiscal year thereafter,
    such sums as are available in the Hazardous Substance Superfund
    established under section 9507 of the Internal Revenue Code of 1986 at
    the end of the preceding fiscal year from taxes received in the
    Treasury under subsection (b)(1) of such section shall be available,
    without further appropriation, to be used to carry out the
    Comprehensive Environmental Response, Compensation, and Liability Act
    of 1980 (42 U.S.C. 9601 et seq.).
        Sec. 614. (a) Drinking Water.--There is authorized to be
    appropriated to carry out the purposes of section 1452 of the Safe
    Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts
    otherwise authorized to be appropriated for those purposes, an
    additional $1,126,000,000 for each of fiscal years 2022 through 2026.
        (b) Clean Water.--There is authorized to be appropriated to carry
    out the purposes of title VI of the Federal Water Pollution Control Act
    (33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized
    to be appropriated for those purposes, an additional $1,639,000,000 for
    each of fiscal years 2022 through 2026.

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                         forest and rangeland research

        For an additional amount for ``Forest and Rangeland Research'',
    $10,000,000, to remain available until September 30, 2029, for the
    Secretary of Agriculture, acting through the Chief of the Forest
    Service, to carry out activities of the Joint Fire Science Program, as
    authorized in section 40803 of division D of this Act:  Provided, That
    $2,000,000, to remain available until September 30, 2025, shall be made
    available for fiscal year 2022, $2,000,000, to remain available until
    September 30, 2026, shall be made available for fiscal year 2023,
    $2,000,000, to remain available until September 30, 2027, shall be made
    available for fiscal year 2024, $2,000,000, to remain available until
    September 30, 2028, shall be made available for fiscal year 2025, and
    $2,000,000, to remain available until September 30, 2029, shall be made
    available for fiscal year 2026:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                           state and private forestry

                         (including transfers of funds)

        For an additional amount for ``State and Private Forestry'',
    $1,526,800,000, to remain available until September 30, 2029:
    Provided, That $305,360,000, to remain available until September 30,
    2025, shall be made available for fiscal year 2022, $305,360,000, to
    remain available until September 30, 2026, shall be made available for
    fiscal year 2023, $305,360,000, to remain available until September 30,
    2027, shall be made available for fiscal year 2024, $305,360,000, to
    remain available until September 30, 2028, shall be made available for
    fiscal year 2025, and $305,360,000, to remain available until September
    30, 2029, shall be made available for fiscal year 2026:  Provided
    further, That of the funds made available under this heading in this
    Act, the following amounts shall be for the following purposes in equal
    amounts for each of fiscal years 2022 through 2026--
            (1) $718,000,000 for the Secretary of Agriculture, acting
        through the Chief of the Forest Service, to carry out activities
        for the Department of Agriculture, as authorized in sections 40803
        and 40804 of division D of this Act;
            (2) In addition to amounts made available in paragraph (1) for
        grants to at-risk communities for wildfire mitigation activities,
        not less than $500,000,000 for such purposes;
            (3) Not less than $88,000,000 for State Fire Assistance; and
            (4) Not less than $20,000,000 for Volunteer Fire Assistance:
      Provided further, That amounts made available under this heading in
    this Act for each of fiscal years 2022 through 2026 may be transferred
    between accounts affected by the Forest Service budget restructure
    outlined in section 435 of division D of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) to carry out the
    activities in support of this heading:  Provided further, That up to 3
    percent of the amounts made available under this heading in this Act in
    each of fiscal years 2022 through 2026 shall be for salaries, expenses,
    and administration:  Provided further, That one-half of one percent of
    the amounts made available under this heading in this Act in each of
    fiscal years 2022 through 2026 shall be transferred to the Office of
    Inspector General of the Department of Agriculture for oversight of
    funding provided to the Forest Service in this title in this Act:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                             national forest system

                         (including transfers of funds)

        For an additional amount for ``National Forest System'',
    $2,854,000,000, to remain available until expended:  Provided, That
    $734,800,000, to remain available until expended, shall be made
    available for fiscal year 2022, $529,800,000, to remain available until
    expended, shall be made available for fiscal year 2023, $529,800,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $529,800,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $529,800,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That of the funds made available under this heading
    in this Act, the following amounts shall be for the following
    purposes--
            (1) $2,115,000,000 for the Secretary of Agriculture, acting
        through the Chief of the Forest Service, to carry out activities
        for the Department of Agriculture as authorized in sections 40803
        and 40804 of division D of this Act, of which $587,000,000, to
        remain available until expended, shall be made available for fiscal
        year 2022 and $382,000,000, to remain available until expended,
        shall be made available for each of fiscal years 2023 through 2026;
            (2) In addition to amounts made available in paragraph (1) for
        hazardous fuels management activities, $102,800,000 for each of
        fiscal years 2022 through 2026 for such purposes; and
            (3) In addition to amounts made available in paragraph (1) for
        burned area recovery, $45,000,000 for each of fiscal years 2022
        through 2026 for such purposes:
      Provided further, That up to $12,000,000 for each of fiscal years
    2022 through 2026 from funds made available in paragraph (2) of the
    preceding proviso may be used to make grants, using any authorities
    available for the Forest Service under the ``State and Private
    Forestry'' appropriation for the purposes of creating incentives for
    increased use of biomass from National Forest System lands, including
    the Community Wood Energy Program and the Wood Innovation Grants
    Program:  Provided further, That up to $8,000,000 for each of fiscal
    years 2022 through 2026 from funds made available in paragraph (2) of
    the preceding proviso shall be for implementation of the Tribal
    Forestry Protection Act, as amended (Public Law 108-278):  Provided
    further, That funds appropriated under this heading in this Act may be
    transferred to the United States Fish and Wildlife Service and the
    National Marine Fisheries Service for the costs of carrying out their
    responsibilities under the Endangered Species Act of 1973 (16 U.S.C.
    1531 et seq.) to consult and conference, as required by section 7 of
    such Act, in connection with wildland fire management activities:
    Provided further, That the Secretary of the Interior and the Secretary
    of Agriculture, acting through the Chief of the Forest Service, may
    authorize the transfer of funds provided under this heading in this Act
    between the Departments for the purpose of carrying out activities as
    authorized in section 40804(b)(1) of division D of this Act:  Provided
    further, That amounts made available under this heading in this Act for
    each of fiscal years 2022 through 2026 may be transferred between
    accounts affected by the Forest Service budget restructure outlined in
    section 435 of division D of the Further Consolidated Appropriations
    Act, 2020 (Public Law 116-94) to carry out the activities in support of
    this heading:  Provided further, That amounts made available under this
    heading in this Act in each of fiscal years 2022 through 2026 shall be
    available for salaries and expenses:  Provided further, That one-half
    of one percent of the amounts made available under this heading in this
    Act in each of fiscal years 2022 through 2026 shall be transferred to
    the Office of Inspector General of the Department of Agriculture for
    oversight of funding provided to the Forest Service in this title in
    this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                      capital improvement and maintenance

                         (including transfers of funds)

        For an additional amount for ``Capital Improvement and
    Maintenance'', $360,000,000, to remain available until September 30,
    2029:  Provided, That $72,000,000, to remain available until September
    30, 2025, shall be made available for fiscal year 2022, $72,000,000, to
    remain available until September 30, 2026, shall be made available for
    fiscal year 2023, $72,000,000, to remain available until September 30,
    2027, shall be made available for fiscal year 2024, $72,000,000, to
    remain available until September 30, 2028, shall be made available for
    fiscal year 2025, and $72,000,000, to remain available until September
    30, 2029, shall be made available for fiscal year 2026:  Provided
    further, That of the funds made available under this heading in this
    Act, the following amounts shall be for the following purposes in equal
    amounts for each of fiscal years 2022 through 2026--
            (1) $250,000,000 to carry out activities of the Legacy Road and
        Trail Remediation Program, as authorized in Public Law 88-657 (16
        U.S.C. 532 et seq.) (commonly known as the ``Forest Roads and
        Trails Act''), as amended by section 40801 of division D of this
        Act;
            (2) $100,000,000 for construction of temporary roads or
        reconstruction and maintenance of roads to facilitate forest
        restoration and management projects that reduce wildfire risk; and
            (3) $10,000,000 for the removal of non-hydropower Federal dams
        and for providing dam removal technical assistance:
      Provided further, That funds appropriated under this heading in this
    Act may be transferred to the United States Fish and Wildlife Service
    and the National Marine Fisheries Service for the costs of carrying out
    their responsibilities under the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.) to consult and conference, as required by section
    7 of such Act, in connection with wildland fire management activities:
    Provided further, That amounts made available under this heading in
    this Act for each of fiscal years 2022 through 2026 may be transferred
    between accounts affected by the Forest Service budget restructure
    outlined in section 435 of division D of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) to carry out the
    activities in support of this heading:  Provided further, That one-half
    of one percent of the amounts made available under this heading in this
    Act in each of fiscal years 2022 through 2026 shall be transferred to
    the Office of Inspector General of the Department of Agriculture for
    oversight of funding provided to the Forest Service in this title in
    this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                            wildland fire management

                         (including transfers of funds)

        For an additional amount for ``Wildland Fire Management'',
    $696,200,000 to remain available until expended, for the Secretary of
    Agriculture, acting through the Chief of the Forest Service, to carry
    out activities for the Department of Agriculture as authorized in
    section 40803 of division D of this Act:  Provided, That $552,200,000,
    to remain available until expended, shall be made available for fiscal
    year 2022, $36,000,000, to remain available until expended, shall be
    made available for fiscal year 2023, $36,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $36,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $36,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That funds appropriated under this heading in this Act may be
    transferred to the United States Fish and Wildlife Service and the
    National Marine Fisheries Service for the costs of carrying out their
    responsibilities under the Endangered Species Act of 1973 (16 U.S.C.
    1531 et seq.) to consult and conference, as required by section 7 of
    such Act, in connection with wildland fire management activities:
    Provided further, That amounts made available under this heading in
    this Act for each of fiscal years 2022 through 2026 may be transferred
    between accounts affected by the Forest Service budget restructure
    outlined in section 435 of division D of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116- 94) to carry out the
    activities in support of this heading:  Provided further, That amounts
    made available under this heading in this Act in each of fiscal years
    2022 through 2026, shall be available for salaries and expenses to
    carry out such purposes:  Provided further, That one-half of one
    percent of the amounts made available under this heading in this Act in
    each of fiscal years 2022 through 2026 shall be transferred to the
    Office of Inspector General of the Department of Agriculture for
    oversight of funding provided to the Forest Service in this title in
    this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                    administrative provision--forest service

        Not later than 90 days after the date of enactment of this Act, the
    Secretary of Agriculture, acting through the Chief of the Forest
    Service, shall submit to the House and Senate Committees on
    Appropriations a detailed spend plan for the funds provided to the
    Forest Service in this title in this Act for fiscal year 2022, and for
    each fiscal year through 2026, as part of the annual budget submission
    of the President under section 1105(a) of title 31, United States Code,
    the Secretary shall submit a detailed spend plan for the funds provided
    to the Forest Service in this title in this Act for that fiscal year.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                            indian health facilities

                         (including transfers of funds)

        For an additional amount for ``Indian Health Facilities'',
    $3,500,000,000, to remain available until expended, for the provision
    of domestic and community sanitation facilities for Indians, as
    authorized by section 7 of the Act of August 5, 1954 (68 Stat. 674):
    Provided, That $700,000,000, to remain available until expended, shall
    be made available for fiscal year 2022, $700,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $700,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $700,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $700,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amounts
    made available under this heading, up to $2,200,000,000 shall be for
    projects that exceed the economical unit cost and shall be available
    until expended:  Provided further, That up to three percent of the
    amounts made available in each fiscal year shall be for salaries,
    expenses, and administration:  Provided further, That one-half of one
    percent of the amounts made available under this heading in this Act in
    each fiscal years 2022 through 2026 shall be transferred to the Office
    of Inspector General of the Department of Health and Human Services for
    oversight of funding provided to the Department of Health and Human
    Services in this title in this Act:  Provided further, That no funds
    available to the Indian Health Service for salaries, expenses,
    administration, and oversight shall be available for contracts, grants,
    compacts, or cooperative agreements under the provisions of the Indian
    Self-Determination and Education Assistance Act as amended:  Provided
    further, That funds under this heading made available to Tribes and
    Tribal organizations under the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5301 et seq.) shall be available on a one-
    time basis, are nonrecurring, and shall not be part of the amount
    required by section 106 of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5325), and shall only be used for the
    purposes identified in this heading:  Provided further, That not later
    than 90 days after the date of enactment of this Act, the Secretary of
    Health and Human Services shall submit to the House and Senate
    Committees on Appropriations a detailed spend plan for fiscal year
    2022:  Provided further, That for each fiscal year through 2026, as
    part of the annual budget submission of the President under section
    1105(a) of title 31, United States Code, the Secretary of Health and
    Human Services shall submit a detailed spend plan for that fiscal year:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

    TITLE VII--LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED
                                    AGENCIES

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                    Administration for Children and Families

                       low income home energy assistance

        For an additional amount for ``Low Income Home Energy Assistance'',
    $500,000,000, to remain available through September 30, 2026, for
    making payments under subsection (b) of section 2602 of the Low-Income
    Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.):  Provided,
    That $100,000,000, to remain available until September 30, 2026, shall
    be made available in fiscal year 2022, $100,000,000, to remain
    available until September 30, 2026, shall be made available in fiscal
    year 2023, $100,000,000, to remain available until September 30, 2026,
    shall be made available in fiscal year 2024, $100,000,000, to remain
    available until September 30, 2026, shall be made available in fiscal
    year 2025, and $100,000,000, to remain available until September 30,
    2026, shall be made available in fiscal year 2026:  Provided further,
    That, of the amount available for obligation in a fiscal year under
    this heading in this Act, $50,000,000 shall be allocated as though the
    total appropriation for such payments for such fiscal year was less
    than $1,975,000,000:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
    resolution on the budget for fiscal year 2018, and to section 251(b) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

    TITLE VIII--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                                    AGENCIES

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                      national infrastructure investments

        For an additional amount for ``National Infrastructure
    Investments'', $12,500,000,000, to remain available until expended, for
    necessary expenses to carry out chapter 67 of title 49, United States
    Code, of which $5,000,000,000 shall be to carry out section 6701 of
    such title and $7,500,000,000 shall be to carry out section 6702 of
    such title:  Provided, That, of the amount made available under this
    heading in this Act to carry out section 6701 of title 49, United
    States Code, $1,000,000,000, to remain available until expended, shall
    be made available for fiscal year 2022, $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That, of the amount
    made available under this heading in this Act to carry out section 6702
    of title 49, United States Code, $1,500,000,000, to remain available
    until September 30, 2026, shall be made available for fiscal year 2022,
    $1,500,000,000, to remain until September 30, 2027, shall be made
    available for fiscal year 2023, $1,500,000,000, to remain available
    until September 30, 2028, shall be made available for fiscal year 2024,
    $1,500,000,000, to remain available until September 30, 2029, shall be
    made available for fiscal year 2025, and $1,500,000,000, to remain
    available September 30, 2030, shall be made available for fiscal year
    2026:  Provided further, That such amount is designated by the Congress
    as being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and pursuant to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                     safe streets and roads for all grants

        For an additional amount for ``Safe Streets and Roads for All
    Grants'', $5,000,000,000, to remain available until expended, for
    competitive grants, as authorized under section 24112 of division B of
    this Act:  Provided, That $1,000,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $1,000,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2023, $1,000,000,000, to remain available until expended, shall be
    made available for fiscal year 2024, $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2025,
    and $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That the Secretary
    shall issue a notice of funding opportunity not later than 180 days
    after each date upon which funds are made available under the preceding
    proviso:  Provided further, That the Secretary shall make awards not
    later than 270 days after issuing the notices of funding opportunity
    required under the preceding proviso:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

         national culvert removal, replacement, and restoration grants

        For an additional amount for ``National Culvert Removal,
    Replacement, and Restoration Grants'', $1,000,000,000, to remain
    available until expended, as authorized by section 6203 of title 49,
    United States Code:  Provided, That $200,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $200,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $200,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2025, and $200,000,000, to remain available until expended, shall
    be made available for fiscal year 2026:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

    strengthening mobility and revolutionizing transportation grant program

        For an additional amount for ``Strengthening Mobility and
    Revolutionizing Transportation Grant Program'', $500,000,000, to remain
    available until expended, as authorized by section 25005 of division B
    of this Act:  Provided, That $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $100,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2023, $100,000,000, to remain available until expended, shall be
    made available for fiscal year 2024, $100,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

      administrative provisions--office of the secretary of transportation

                         (including transfer of funds)

        Sec. 801. (a) Amounts made available to the Secretary of
    Transportation or the Department of Transportation's Operating
    Administrations in this title in this Act and in section 117 of title
    23, United States Code, for fiscal years 2022 through 2026 for the
    costs of award, administration, or oversight of financial assistance
    under the programs administered by the Office of Multimodal
    Infrastructure and Freight may be transferred to an ``Office of
    Multimodal Infrastructure and Freight'' account, to remain available
    until expended, for the necessary expenses of award, administration, or
    oversight of any discretionary financial assistance programs funded
    under this title in this Act or division A of this Act:  Provided, That
    one-half of one percent of the amounts transferred pursuant to the
    authority in this section in each of fiscal years 2022 through 2026
    shall be transferred to the Office of Inspector General of the
    Department of Transportation for oversight of funding provided to the
    Department of Transportation in this title in this Act:  Provided
    further, That the amount provided by this section is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        (b) In addition to programs identified in section 118(d) of title
    49, United States Code, the Office of Multimodal Infrastructure and
    Freight shall administer, with support from the Department's Operating
    Administrations, the following financial assistance programs--
            (1) the national infrastructure projects program under section
        6701 of title 49, United States Code;
            (2) the local and regional projects program under section 6702
        of title 49, United States Code;
            (3) the strengthening mobility and revolutionizing
        transportation grant program under section 25005 of division B of
        this Act;
            (4) the nationally significant freight and highways projects
        under section 117 of title 23, United States Code;
            (5) the national culvert removal, replacement, and restoration
        grant program under section 6203 of title 49, United States Code;
        and
            (6) other discretionary financial assistance programs that the
        Secretary determines should be administered by the Office of
        Multimodal Infrastructure and Freight, subject to the approval of
        the House and Senate Committees on Appropriations as required under
        section 405 of Division L of the Consolidated Appropriations Act,
        2021.

                        Federal Aviation Administration

                            facilities and equipment

        For an additional amount for ``Facilities and Equipment'',
    $5,000,000,000, to remain available until expended:  Provided, That
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That amounts made
    available under this heading in this Act shall be derived from the
    general fund of the Treasury:  Provided further, That funds provided
    under this heading in this Act shall be for: (1) replacing terminal and
    en route air traffic control facilities; (2) improving air route
    traffic control center and combined control facility buildings; (3)
    improving air traffic control en route radar facilities; (4) improving
    air traffic control tower and terminal radar approach control
    facilities; (5) national airspace system facilities OSHA and
    environmental standards compliance; (6) landing and navigational aids;
    (7) fuel storage tank replacement and management; (8) unstaffed
    infrastructure sustainment; (9) real property disposition; (10)
    electrical power system sustain and support; (11) energy maintenance
    and compliance; (12) hazardous materials management and environmental
    cleanup; (13) facility security risk management; (14) mobile asset
    management program; and (15) administrative expenses, including
    salaries and expenses, administration, and oversight:  Provided
    further, That not less than $200,000,000 of the funds made available
    under this heading in this Act shall be for air traffic control towers
    that are owned by the Federal Aviation Administration and staffed
    through the contract tower program:  Provided further, That not later
    than 90 days after the date of enactment of this Act, the Secretary of
    Transportation shall submit to the House and Senate Committees on
    Appropriations a detailed spend plan, including a list of project
    locations of air traffic control towers and contract towers, to be
    funded for fiscal year 2022:  Provided further, That for each fiscal
    year through 2026, as part of the annual budget submission of the
    President under section 1105(a) of title 31, United States Code, the
    Secretary of Transportation shall submit a detailed spend plan for
    funding that will be made available under this heading in the upcoming
    fiscal year, including a list of projects for replacing facilities that
    are owned by the Federal Aviation Administration, including air traffic
    control towers that are staffed through the contract tower program:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                         airport infrastructure grants

                         (including transfer of funds)

        For an additional amount for ``Airport Infrastructure Grants'',
    $15,000,000,000, to remain available until September 30, 2030:
    Provided, That $3,000,000,000, to remain available until September 30,
    2026, shall be made available for fiscal year 2022, $3,000,000,000, to
    remain available until September 30, 2027, shall be made available for
    fiscal year 2023, $3,000,000,000, to remain available until September
    30, 2028, shall be made available for fiscal year 2024, $3,000,000,000,
    to remain available until September 30, 2029, shall be made available
    for fiscal year 2025, and $3,000,000,000, to remain available until
    September 30, 2030, shall be made available for fiscal year 2026:
    Provided further, That amounts made available under this heading in
    this Act shall be derived from the general fund of the Treasury:
    Provided further, That amounts made available under this heading in
    this Act shall be made available to sponsors of any airport eligible to
    receive grants under section 47115 of title 49, United States Code, for
    airport-related projects defined under section 40117(a)(3) of title 49,
    United States Code:  Provided further, That of the funds made available
    under this heading in this Act, in each of fiscal years 2022 through
    2026--
            (1) Not more than $2,480,000,000 shall be available for primary
        airports as defined in section 47102(16) of title 49, United States
        Code, and certain cargo airports:  Provided, That such funds shall
        not be subject to the reduced apportionments of section 47114(f) of
        title 49, United States Code:  Provided further, That such funds
        shall first be apportioned as set forth in sections 47114(c)(1)(A),
        47114(c)(1)(C)(i), 47114(c)(1)(C)(ii), 47114(c)(2)(A),
        47114(c)(2)(B), and 47114(c)(2)(E), 47114(c)(1)(J) of title 49,
        United States Code:  Provided further, That there shall be no
        maximum apportionment limit:  Provided further, That any remaining
        funds after such apportionment shall be distributed to all sponsors
        of primary airports (as defined in section 47102(16) of title 49,
        United States Code) based on each such airport's passenger
        enplanements compared to total passenger enplanements of all
        airports defined in section 47102(16) of title 49, United States
        Code, for calendar year 2019 in fiscal years 2022 and 2023 and
        thereafter for the most recent calendar year enplanements upon
        which the Secretary has apportioned funds pursuant to section
        47114(c) of title 49, United States Code;
            (2) Not more than $500,000,000 shall be for general aviation
        and commercial service airports that are not primary airports as
        defined in paragraphs (7), (8), and (16) of section 47102 of title
        49, United States Code:  Provided, That the Secretary of
        Transportation shall apportion the remaining funds to each non-
        primary airport based on the categories published in the most
        current National Plan of Integrated Airport Systems, reflecting the
        percentage of the aggregate published eligible development costs
        for each such category, and then dividing the allocated funds
        evenly among the eligible airports in each category, rounding up to
        the nearest thousand dollars:  Provided further, That any remaining
        funds under this paragraph in this Act shall be distributed as
        described in paragraph (3) in this proviso under this heading in
        this Act; and
            (3) $20,000,000 for the Secretary of Transportation to make
        competitive grants to sponsors of airports participating in the
        contract tower program and the contract tower cost share program
        under section 47124 of title 49, United States Code to: (1)
        sustain, construct, repair, improve, rehabilitate, modernize,
        replace or relocate nonapproach control towers; (2) acquire and
        install air traffic control, communications, and related equipment
        to be used in those towers; and (3) construct a remote tower
        certified by the Federal Aviation Administration, including
        acquisition and installation of air traffic control,
        communications, or related equipment:  Provided, That the Federal
        Aviation Administration shall give priority consideration to
        projects that enhance aviation safety and improve air traffic
        efficiency:  Provided further, That the Federal share of the costs
        for which a grant is made under this paragraph shall be 100
        percent:
      Provided further, That any funds made available in a given fiscal
    year that remain unobligated at the end of the fourth fiscal year after
    which they were first made available for obligation shall be made
    available in the fifth fiscal year after which they were first made
    available for obligation to the Secretary for competitive grants:
    Provided further, That of the amounts made available to the Secretary
    for competitive grants under the preceding proviso, the Secretary shall
    first provide up to $100,000,000, as described in paragraph (3) of the
    fourth proviso, and any remaining unobligated balances in excess of
    that amount shall be available to the Secretary for competitive grants
    otherwise eligible under the third proviso that reduce airport
    emissions, reduce noise impact to the surrounding community, reduce
    dependence on the electrical grid, or provide general benefits to the
    surrounding community:  Provided further, That none of the amounts made
    available under this heading in this Act may be used to pay for airport
    debt service:  Provided further, That a grant made from funds made
    available under this heading in this Act shall be treated as having
    been made pursuant to the Secretary's authority under section 47104(a)
    of title 49, United States Code:  Provided further, That up to 3
    percent of the amounts made available under this heading in this Act in
    each of fiscal years 2022 through 2026 shall be for personnel,
    contracting, and other costs to administer and oversee grants, of which
    $1,000,000 in each fiscal year shall be transferred to the Office of
    Inspector General of the Department of Transportation for oversight of
    funding provided to the Department of Transportation in this title in
    this Act:  Provided further, That the Federal share of the costs of a
    project under paragraphs (1) and (2) of the fourth proviso under this
    heading shall be the percent for which a project for airport
    development would be eligible under section 47109 of title 49, United
    States Code:  Provided further, That obligations of funds under this
    heading in this Act shall not be subject to any limitations on
    obligations provided in any Act making annual appropriations:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                            airport terminal program

                         (including transfer of funds)

        For an additional amount for ``Airport Terminal Program'',
    $5,000,000,000, to remain available until September 30, 2030, for the
    Secretary of Transportation to provide competitive grants for airport
    terminal development projects that address the aging infrastructure of
    the nation's airports:  Provided, That $1,000,000,000, to remain
    available until September 30, 2026, shall be made available for fiscal
    year 2022, $1,000,000,000, to remain available until September 30,
    2027, shall be made available for fiscal year 2023, $1,000,000,000, to
    remain available until September 30, 2028, shall be made available for
    fiscal year 2024, $1,000,000,000, to remain available until September
    30, 2029, shall be made available for fiscal year 2025, and
    $1,000,000,000, to remain available until September 30, 2030, shall be
    made available for fiscal year 2026:  Provided further, That amounts
    made available under this heading in this Act shall be derived from the
    general fund of the Treasury:  Provided further, That the Secretary
    shall issue a notice of funding opportunity not later than 60 days
    after the date of enactment of this Act:  Provided further, That of the
    funds made available under this heading in this Act, not more than 55
    percent shall be for large hub airports, not more than 15 percent shall
    be for medium hub airports, not more than 20 percent shall be for small
    hub airports, and not less than 10 percent shall be for nonhub and
    nonprimary airports:  Provided further, That in awarding grants for
    terminal development projects from funds made available under this
    heading in this Act, the Secretary may consider projects that qualify
    as ``terminal development'' (including multimodal terminal
    development), as that term is defined in 49 U.S.C. Sec. 47102(28),
    projects for on-airport rail access projects as set forth in Passenger
    Facility Charge (PFC) Update 75-21, and projects for relocating,
    reconstructing, repairing, or improving an airport-owned air traffic
    control tower:  Provided further, That in awarding grants for terminal
    development projects from funds made available under this heading in
    this Act, the Secretary shall give consideration to projects that
    increase capacity and passenger access; projects that replace aging
    infrastructure; projects that achieve compliance with the Americans
    with Disabilities Act and expand accessibility for persons with
    disabilities; projects that improve airport access for historically
    disadvantaged populations; projects that improve energy efficiency,
    including upgrading environmental systems, upgrading plant facilities,
    and achieving Leadership in Energy and Environmental Design (LEED)
    accreditation standards; projects that improve airfield safety through
    terminal relocation; and projects that encourage actual and potential
    competition:  Provided further, That the Federal share of the cost of a
    project carried out from funds made available under this heading in
    this Act shall be 80 percent for large and medium hub airports and 95
    percent for small hub, nonhub, and nonprimary airports:  Provided
    further, That a grant made from funds made available under this heading
    in this Act shall be treated as having been made pursuant to the
    Secretary's authority under section 47104(a) of title 49, United States
    Code:  Provided further, That the Secretary may provide grants from
    funds made available under this heading in this Act for a project at
    any airport that is eligible to receive a grant from the discretionary
    fund under section 47115(a) of title 49, United States Code:  Provided
    further, That in making awards from funds made available under this
    heading in this Act, the Secretary shall provide a preference to
    projects that achieve a complete development objective, even if awards
    for the project must be phased, and the Secretary shall prioritize
    projects that have received partial awards:  Provided further, That up
    to 3 percent of the amounts made available under this heading in this
    Act in each fiscal year shall be for personnel, contracting and other
    costs to administer and oversee grants, of which $1,000,000 in each
    fiscal year shall be transferred to the Office of Inspector General of
    the Department of Transportation for oversight of funding provided to
    the Department of Transportation in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                         Federal Highway Administration

                         highway infrastructure program

                         (including transfer of funds)

        For an additional amount for ``Highway Infrastructure Programs'',
    $47,272,000,000, to remain available until expended except as otherwise
    provided under this heading:  Provided, That of the amount provided
    under this heading in this Act, $9,454,400,000, to remain available
    until September 30, 2025, shall be made available for fiscal year 2022,
    $9,454,400,000, to remain available until September 30, 2026, shall be
    made available for fiscal year 2023, $9,454,400,000, to remain
    available until September 30, 2027, shall be made available for fiscal
    year 2024, $9,454,400,000, to remain available until September 30,
    2028, shall be made available for fiscal year 2025, and $9,454,400,000,
    to remain available until September 30, 2029, shall be made available
    for fiscal year 2026:  Provided further, That the funds made available
    under this heading in this Act shall be derived from the general fund
    of the Treasury, shall be in addition to any other amounts made
    available for such purpose, and shall not affect the distribution or
    amount of funds provided in any Act making annual appropriations:
    Provided further, That, except for funds provided in paragraph (1)
    under this heading in this Act, up to 1.5 percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be for operations and administrations of the Federal
    Highway Administration, of which $1,000,000 in each fiscal year shall
    be transferred to the Office of the Inspector General of the Department
    of Transportation for oversight of funding provided to the Department
    of Transportation in this title in this Act:  Provided further, That
    the amounts made available in the preceding proviso may be combined
    with the funds made available in paragraph (1) under this heading in
    this Act for the same purposes in the same account:  Provided further,
    That the funds made available under this heading in this Act shall not
    be subject to any limitation on obligations for Federal-aid highways or
    highway safety construction programs set forth in any Act making annual
    appropriations:  Provided further, That, of the amount provided under
    this heading in this Act, the following amounts shall be for the
    following purposes in equal amounts for each of fiscal years 2022
    through 2026--
            (1) $27,500,000,000 shall be for a bridge replacement,
        rehabilitation, preservation, protection, and construction program:
         Provided further, That, except as otherwise provided under this
        paragraph in this Act, the funds made available under this
        paragraph in this Act shall be administered as if apportioned under
        chapter 1 of title 23, United States Code:  Provided further, That
        a project funded with funds made available under this paragraph in
        this Act shall be treated as a project on a Federal-aid highway:
        Provided further, That, of the funds made available under this
        paragraph in this Act for a fiscal year, 3 percent shall be set
        aside to carry out section 202(d) of title 23, United States Code:
        Provided further, That funds set aside under the preceding proviso
        to carry out section 202(d) of such title shall be in addition to
        funds otherwise made available to carry out such section and shall
        be administered as if made available under such section:  Provided
        further, That for funds set aside under the third proviso of this
        paragraph in this Act to carry out section 202(d) of title 23,
        United States Code, the Federal share of the costs shall be 100
        percent:  Provided further, That, for the purposes of funds made
        available under this paragraph in this Act: (1) the term ``State''
        has the meaning given such term in section 101 of title 23, United
        States Code; (2) the term ``off-system bridge'' means a highway
        bridge located on a public road, other than a bridge on a Federal-
        aid highway; and (3) the term ``Federal-aid highway'' means a
        public highway eligible for assistance under chapter 1 of title 23,
        United States Code, other than a highway functionally classified as
        a local road or rural minor collector:  Provided further, That up
        to one-half of one percent of the amounts made available under this
        paragraph in this Act in each fiscal year shall be for the
        administration and operations of the Federal Highway
        Administration:  Provided further, That, after setting aside funds
        under the third proviso of this paragraph in this Act the Secretary
        shall distribute the remaining funds made available under this
        paragraph in this Act among States as follows--
                (A) 75 percent by the proportion that the total cost of
            replacing all bridges classified in poor condition in such
            State bears to the sum of the total cost to replace all bridges
            classified in poor condition in all States; and
                (B) 25 percent by the proportion that the total cost of
            rehabilitating all bridges classified in fair condition in such
            State bears to the sum of the total cost to rehabilitate all
            bridges classified in fair condition in all States:
      Provided further, That the amounts calculated under the preceding
    proviso shall be adjusted such that each State receives, for each of
    fiscal years 2022 through 2026, no less than $45,000,000 under such
    proviso:  Provided further, That for purposes of the preceding 2
    provisos, the Secretary shall determine replacement and rehabilitation
    costs based on the average unit costs of bridges from 2016 through
    2020, as submitted by States to the Federal Highway Administration, as
    required by section 144(b)(5) of title 23, United States Code:
    Provided further, That for purposes of determining the distribution of
    funds to States under this paragraph in this Act, the Secretary shall
    calculate the total deck area of bridges classified as in poor or fair
    condition based on the National Bridge Inventory as of December 31,
    2020:  Provided further, That, subject to the following proviso, funds
    made available under this paragraph in this Act that are distributed to
    States shall be used for highway bridge replacement, rehabilitation,
    preservation, protection, or construction projects on public roads:
    Provided further, That of the funds made available under this paragraph
    in this Act that are distributed to a State, 15 percent shall be set
    aside for use on off-system bridges for the same purposes as described
    in the preceding proviso:  Provided further, That, except as provided
    in the following proviso, for funds made available under this paragraph
    in this Act that are distributed to States, the Federal share shall be
    determined in accordance with section 120 of title 23, United States
    Code:  Provided further, That for funds made available under this
    paragraph in this Act that are distributed to States and used on an
    off-system bridge that is owned by a county, town, township, city,
    municipality or other local agency, or federally-recognized Tribe the
    Federal share shall be 100 percent;
            (2) $5,000,000,000, to remain available until expended for
        amounts made available for each of fiscal years 2022 through 2026,
        shall be to carry out a National Electric Vehicle Formula Program
        (referred to in this paragraph in this Act as the ``Program'') to
        provide funding to States to strategically deploy electric vehicle
        charging infrastructure and to establish an interconnected network
        to facilitate data collection, access, and reliability:  Provided,
        That funds made available under this paragraph in this Act shall be
        used for: (1) the acquisition and installation of electric vehicle
        charging infrastructure to serve as a catalyst for the deployment
        of such infrastructure and to connect it to a network to facilitate
        data collection, access, and reliability; (2) proper operation and
        maintenance of electric vehicle charging infrastructure; and (3)
        data sharing about electric vehicle charging infrastructure to
        ensure the long-term success of investments made under this
        paragraph in this Act:  Provided further, That for each of fiscal
        years 2022 through 2026, the Secretary shall distribute among the
        States the funds made available under this paragraph in this Act so
        that each State receives an amount equal to the proportion that the
        total base apportionment or allocation determined for the State
        under subsection (c) of section 104 or under section 165 of title
        23, United States Code, bears to the total base apportionments or
        allocations for all States under subsection (c) of section 104 and
        section 165 of title 23, United States Code:  Provided further,
        That the Federal share payable for the cost of a project funded
        under this paragraph in this Act shall be 80 percent:  Provided
        further, That the Secretary shall establish a deadline by which a
        State shall provide a plan to the Secretary, in such form and such
        manner that the Secretary requires (to be made available on the
        Department's website), describing how such State intends to use
        funds distributed to the State under this paragraph in this Act to
        carry out the Program for each fiscal year in which funds are made
        available:  Provided further, That, not later than 120 days after
        the deadline established in the preceding proviso, the Secretary
        shall make publicly available on the Department's website and
        submit to the House Committee on Transportation and Infrastructure,
        the Senate Committee on Environment and Public Works, and the House
        and Senate Committees on Appropriations, a report summarizing each
        plan submitted by a State to the Department of Transportation and
        an assessment of how such plans make progress towards the
        establishment of a national network of electric vehicle charging
        infrastructure:  Provided further, That if a State fails to submit
        the plan required under the fourth proviso of this paragraph in
        this Act to the Secretary by the date specified in such proviso, or
        if the Secretary determines a State has not taken action to carry
        out its plan, the Secretary may withhold or withdraw, as
        applicable, funds made available under this paragraph in this Act
        for the fiscal year from the State and award such funds on a
        competitive basis to local jurisdictions within the State for use
        on projects that meet the eligibility requirements under this
        paragraph in this Act:  Provided further, That, prior to the
        Secretary making a determination that a State has not taken actions
        to carry out its plan, the Secretary shall notify the State,
        consult with the State, and identify actions that can be taken to
        rectify concerns, and provide at least 90 days for the State to
        rectify concerns and take action to carry out its plan:  Provided
        further, That the Secretary shall provide notice to a State on the
        intent to withhold or withdraw funds not less than 60 days before
        withholding or withdrawing any funds, during which time the States
        shall have an opportunity to appeal a decision to withhold or
        withdraw funds directly to the Secretary:  Provided further, That
        if the Secretary determines that any funds withheld or withdrawn
        from a State under the preceding proviso cannot be fully awarded to
        local jurisdictions within the State under the preceding proviso in
        a manner consistent with the purpose of this paragraph in this Act,
        any such funds remaining shall be distributed among other States
        (except States for which funds for that fiscal year have been
        withheld or withdrawn under the preceding proviso) in the same
        manner as funds distributed for that fiscal year under the second
        proviso under this paragraph in this Act, except that the ratio
        shall be adjusted to exclude States for which funds for that fiscal
        year have been withheld or withdrawn under the preceding proviso:
        Provided further, That funds distributed under the preceding
        proviso shall only be available to carry out this paragraph in this
        Act:  Provided further, That funds made available under this
        paragraph in this Act may be used to contract with a private entity
        for acquisition and installation of publicly accessible electric
        vehicle charging infrastructure and the private entity may pay the
        non-Federal share of the cost of a project funded under this
        paragraph:  Provided further, That funds made available under this
        paragraph in this Act shall be for projects directly related to the
        charging of a vehicle and only for electric vehicle charging
        infrastructure that is open to the general public or to authorized
        commercial motor vehicle operators from more than one company:
        Provided further, That any electric vehicle charging infrastructure
        acquired or installed with funds made available under this
        paragraph in this Act shall be located along a designated
        alternative fuel corridor:  Provided further, That no later than 90
        days after the date of enactment of this Act, the Secretary of
        Transportation, in coordination with the Secretary of Energy, shall
        develop guidance for States and localities to strategically deploy
        electric vehicle charging infrastructure, consistent with this
        paragraph in this Act:  Provided further, That the Secretary of
        Transportation, in coordination with the Secretary of Energy, shall
        consider the following in developing the guidance described in the
        preceding proviso: (1) the distance between publicly available
        electric vehicle charging infrastructure; (2) connections to the
        electric grid, including electric distribution upgrades; vehicle-
        to-grid integration, including smart charge management or other
        protocols that can minimize impacts to the grid; alignment with
        electric distribution interconnection processes, and plans for the
        use of renewable energy sources to power charging and energy
        storage; (3) the proximity of existing off-highway travel centers,
        fuel retailers, and small businesses to electric vehicle charging
        infrastructure acquired or funded under this paragraph in this Act;
        (4) the need for publicly available electric vehicle charging
        infrastructure in rural corridors and underserved or disadvantaged
        communities; (5) the long-term operation and maintenance of
        publicly available electric vehicle charging infrastructure to
        avoid stranded assets and protect the investment of public funds in
        that infrastructure; (6) existing private, national, State, local,
        Tribal, and territorial government electric vehicle charging
        infrastructure programs and incentives; (7) fostering enhanced,
        coordinated, public-private or private investment in electric
        vehicle charging infrastructure; (8) meeting current and
        anticipated market demands for electric vehicle charging
        infrastructure, including with regard to power levels and charging
        speed, and minimizing the time to charge current and anticipated
        vehicles; and (9) any other factors, as determined by the
        Secretary:  Provided further, That if a State determines, and the
        Secretary certifies, that the designated alternative fuel corridors
        in the States are fully built out, then the State may use funds
        provided under this paragraph for electric vehicle charging
        infrastructure on any public road or in other publically accessible
        locations, such as parking facilities at public buildings, public
        schools, and public parks, or in publically accessible parking
        facilities owned or managed by a private entity:  Provided further,
        That subject to the minimum standards and requirements established
        under the following proviso, funds made available under this
        paragraph in this Act may be used for: (1) the acquisition or
        installation of electric vehicle charging infrastructure; (2)
        operating assistance for costs allocable to operating and
        maintaining electric vehicle charging infrastructure acquired or
        installed under this paragraph in this Act, for a period not to
        exceed five years; (3) the acquisition or installation of traffic
        control devices located in the right-of-way to provide directional
        information to electric vehicle charging infrastructure acquired,
        installed, or operated under this paragraph in this Act; (4) on-
        premises signs to provide information about electric vehicle
        charging infrastructure acquired, installed, or operated under this
        paragraph in this Act; (5) development phase activities relating to
        the acquisition or installation of electric vehicle charging
        infrastructure, as determined by the Secretary; or (6) mapping and
        analysis activities to evaluate, in an area in the United States
        designated by the eligible entity, the locations of current and
        future electric vehicle owners, to forecast commuting and travel
        patterns of electric vehicles and the quantity of electricity
        required to serve electric vehicle charging stations, to estimate
        the concentrations of electric vehicle charging stations to meet
        the needs of current and future electric vehicle drivers, to
        estimate future needs for electric vehicle charging stations to
        support the adoption and use of electric vehicles in shared
        mobility solutions, such as micro-transit and transportation
        network companies, and to develop an analytical model to allow a
        city, county, or other political subdivision of a State or a local
        agency to compare and evaluate different adoption and use scenarios
        for electric vehicles and electric vehicle charging stations:
        Provided further, That not later than 180 days after the date of
        enactment of this Act, the Secretary of Transportation, in
        coordination with the Secretary of Energy and in consultation with
        relevant stakeholders, shall, as appropriate, develop minimum
        standards and requirements related to: (1) the installation,
        operation, or maintenance by qualified technicians of electric
        vehicle charging infrastructure under this paragraph in this Act;
        (2) the interoperability of electric vehicle charging
        infrastructure under this paragraph in this Act; (3) any traffic
        control device or on-premises sign acquired, installed, or operated
        under this paragraph in this Act; (4) any data requested by the
        Secretary related to a project funded under this paragraph in this
        Act, including the format and schedule for the submission of such
        data; (5) network connectivity of electric vehicle charging
        infrastructure; and (6) information on publicly available electric
        vehicle charging infrastructure locations, pricing, real-time
        availability, and accessibility through mapping applications:
        Provided further, That not later than 1 year after the date of
        enactment of this Act, the Secretary shall designate national
        electric vehicle charging corridors that identify the near- and
        long-term need for, and the location of, electric vehicle charging
        infrastructure to support freight and goods movement at strategic
        locations along major national highways, the National Highway
        Freight Network established under section 167 of title 23, United
        States Code, and goods movement locations including ports,
        intermodal centers, and warehousing locations:  Provided further,
        That the report issued under section 151(e) of title 23, United
        States Code, shall include a description of efforts to achieve
        strategic deployment of electric vehicle charging infrastructure in
        electric vehicle charging corridors, including progress on the
        implementation of the Program under this paragraph in this Act:
        Provided further, That, for fiscal year 2022, before distributing
        funds made available under this paragraph in this Act to States,
        the Secretary shall set aside from funds made available under this
        paragraph in this Act to carry out this paragraph in this Act not
        more than $300,000,000, which may be transferred to the Joint
        Office described in the twenty-fourth proviso of this paragraph in
        this Act, to establish such Joint Office and carry out its duties
        under this paragraph in this Act:  Provided further, That, for each
        of fiscal years 2022 through 2026, after setting aside funds under
        the preceding proviso, and before distributing funds made available
        under this paragraph in this Act to States, the Secretary shall set
        aside from funds made available under this paragraph in this Act
        for such fiscal year to carry out this paragraph in this Act 10
        percent for grants to States or localities that require additional
        assistance to strategically deploy electric vehicle charging
        infrastructure:  Provided further, That not later than 1 year after
        the date of enactment of this Act, the Secretary shall establish a
        grant program to administer to States or localities the amounts set
        aside under the preceding proviso:  Provided further, That, except
        as otherwise specified under this paragraph in this Act, funds made
        available under this paragraph in this Act, other than funds
        transferred under the nineteenth proviso of this paragraph in this
        Act to the Joint Office, shall be administered as if apportioned
        under chapter 1 of title 23, United States Code:  Provided further,
        That funds made available under this paragraph in this Act shall
        not be transferable under section 126 of title 23, United States
        Code:  Provided further, That there is established a Joint Office
        of Energy and Transportation (referred to in this paragraph in this
        Act as the ``Joint Office'') in the Department of Transportation
        and the Department of Energy to study, plan, coordinate, and
        implement issues of joint concern between the two agencies, which
        shall include: (1) technical assistance related to the deployment,
        operation, and maintenance of zero emission vehicle charging and
        refueling infrastructure, renewable energy generation, vehicle-to-
        grid integration, including microgrids, and related programs and
        policies; (2) data sharing of installation, maintenance, and
        utilization in order to continue to inform the network build out of
        zero emission vehicle charging and refueling infrastructure; (3)
        performance of a national and regionalized study of zero emission
        vehicle charging and refueling infrastructure needs and deployment
        factors, to support grants for community resilience and electric
        vehicle integration; (4) development and deployment of training and
        certification programs; (5) establishment and implementation of a
        program to promote renewable energy generation, storage, and grid
        integration, including microgrids, in transportation rights-of-way;
        (6) studying, planning, and funding for high-voltage distributed
        current infrastructure in the rights-of way of the Interstate
        System and for constructing high-voltage and or medium-voltage
        transmission pilots in the rights-of-way of the Interstate System;
        (7) research, strategies, and actions under the Departments'
        statutory authorities to reduce transportation-related emissions
        and mitigate the effects of climate change; (8) development of a
        streamlined utility accommodations policy for high-voltage and
        medium-voltage transmission in the transportation right-of-way; and
        (9) any other issues that the Secretary of Transportation and the
        Secretary of Energy identify as issues of joint interest:  Provided
        further, That the Joint Office of Energy and Transportation shall
        establish and maintain a public database, accessible on both
        Department of Transportation and Department of Energy websites,
        that includes: (1) information maintained on the Alternative Fuel
        Data Center by the Office of Energy Efficiency and Renewable Energy
        of the Department of Energy with respect to the locations of
        electric vehicle charging stations; (2) potential locations for
        electric vehicle charging stations identified by eligible entities
        through the program; and (3) the ability to sort generated results
        by various characteristics with respect to electric vehicle
        charging stations, including location, in terms of the State, city,
        or county; status (operational, under construction, or planned);
        and charging type, in terms of Level 2 charging equipment or Direct
        Current Fast Charging Equipment:  Provided further, That the
        Secretary of Transportation and the Secretary of Energy shall
        cooperatively administer the Joint Office consistent with this
        paragraph in this Act:  Provided further, That the Secretary of
        Transportation and the Secretary of Energy may transfer funds
        between the Department of Transportation and the Department of
        Energy from funds provided under this paragraph in this Act to
        establish the Joint Office and to carry out its duties under this
        paragraph in this Act and any such funds or portions thereof
        transferred to the Joint Office may be transferred back to and
        merged with this account:  Provided further, That the Secretary of
        Transportation and the Secretary of Energy shall notify the House
        and Senate Committees on Appropriations not less than 15 days prior
        to transferring any funds under the previous proviso:  Provided
        further, That for the purposes of funds made available under this
        paragraph in this Act: (1) the term ``State'' has the meaning given
        such term in section 101 of title 23, United States Code; and (2)
        the term ``Federal-aid highway'' means a public highway eligible
        for assistance under chapter 1 of title 23, United States Code,
        other than a highway functionally classified as a local road or
        rural minor collector:  Provided further, That, of the funds made
        available in this division or division A of this Act for the
        Federal lands transportation program under section 203 of title 23,
        United States Code, not less than $7,000,000 shall be made
        available for each Federal agency otherwise eligible to compete for
        amounts made available under that section for each of fiscal years
        2022 through 2026;
            (3) $3,200,000,000 shall be to carry out the Nationally
        Significant Freight and Highway Projects program under section 117
        of title 23, United States Code;
            (4) $9,235,000,000 shall be to carry out the Bridge Investment
        Program under section 124 of title 23, United States Code:
        Provided, That, of the funds made available under this paragraph in
        this Act for a fiscal year, $20,000,000 shall be set aside to carry
        out section 202(d) of title 23, United States Code:  Provided
        further, That, of the funds made available under this paragraph in
        this Act for a fiscal year, $20,000,000 shall be set aside to
        provide grants for planning, feasibility analysis, and revenue
        forecasting associated with the development of a project that would
        subsequently be eligible to apply for assistance under this
        paragraph:  Provided further, That funds set aside under the first
        proviso of this paragraph in this Act to carry out section 202(d)
        of such title shall be in addition to funds otherwise made
        available to carry out such section and shall be administered as if
        made available under such section:  Provided further, That for
        funds set aside under the first proviso of this paragraph in this
        Act to carry out section 202(d) of title 23, United States Code,
        the Federal share of the costs shall be 100 percent;
            (5) $150,000,000 shall be to carry out the Reduction of Truck
        Emissions at Port Facilities Program under section 11402 of
        division A of this Act:  Provided, That, except as otherwise
        provided in section 11402 of division A of this Act, the funds made
        available under this paragraph in this Act shall be administered as
        if apportioned under chapter 1 of title 23, United States Code;
            (6) $95,000,000, to remain available until expended for amounts
        made available for each of fiscal years 2022 through 2026, shall be
        to carry out the University Transportation Centers Program under
        section 5505 of title 49, United States Code;
            (7) $500,000,000, to remain available until expended for
        amounts made available for each of fiscal years 2022 through 2026,
        shall be to carry out the Reconnecting Communities Pilot Program
        (referred to under this paragraph in this Act as the ``pilot
        program'') under section 11509 of division A of this Act, of which
        $100,000,000 shall be for planning grants under section 11509(c) of
        division A of this Act and of which $400,000,000 shall be available
        for capital construction grants under section 11509(d) of division
        A of this Act:  Provided, That of the amounts made available under
        this paragraph in this Act for section 11509(c) of division A of
        this Act, the Secretary may use not more than $15,000,000 during
        the period of fiscal years 2022 through 2026 to provide technical
        assistance under section 11509(c)(3) of division A of this Act:
        Provided further, That, except as otherwise provided in section
        11509 of division A of this Act, amounts made available under this
        paragraph in this Act shall be administered as if made available
        under chapter 1 of title 23, United States Code;
            (8) $342,000,000, to remain available until expended for
        amounts made available for each of fiscal years 2022 through 2026,
        shall be to carry out the Construction of Ferry Boats and Ferry
        Terminal Facilities program under section 147 of title 23, United
        States Code:  Provided, That amounts made available under this
        paragraph in this Act shall be administered as if made available
        under section 147 of title 23, United States Code; and
            (9) $1,250,000,000, to remain available until expended for
        amounts made available for each of fiscal years 2022 through 2026,
        shall be for construction of the Appalachian Development Highway
        System as authorized under section 1069(y) of Public Law 102-240:
        Provided, That, for the purposes of funds made available under this
        paragraph in this Act for construction of the Appalachian
        Development Highway System, the term ``Appalachian State'' means a
        State that contains 1 or more counties (including any political
        subdivision located within the area) in the Appalachian region, as
        defined in section 14102(a) of title 40, United States Code:
        Provided further, That a project carried out with funds made
        available under this paragraph in this Act for construction of the
        Appalachian Development Highway System shall be made available for
        obligation in the same manner as if apportioned under chapter 1 of
        title 23, United States Code, except that: (1) the Federal share of
        the cost of any project carried out with those amounts shall be
        determined in accordance with section 14501 of title 40, United
        States Code; and (2) the amounts shall be available to construct
        highways and access roads under section 14501 of title 40, United
        States Code:  Provided further, That, subject to the following two
        provisos, in consultation with the Appalachian Regional Commission,
        the funds made available under this paragraph in this Act for
        construction of the Appalachian Development Highway System shall be
        apportioned to Appalachian States according to the percentages
        derived from the 2021 Appalachian Development Highway System Cost-
        to-Complete Estimate, dated March 2021, and confirmed as each
        Appalachian State's relative share of the estimated remaining need
        to complete the Appalachian Development Highway System, adjusted to
        exclude those corridors that such States have no current plans to
        complete, as reported in the 2013 Appalachian Development Highway
        System Completion Report, unless those States have modified and
        assigned a higher priority for completion of an Appalachian
        Development Highway System corridor, as reported in the 2020
        Appalachian Development Highway System Future Outlook:  Provided
        further, That the Secretary shall adjust apportionments made under
        the third proviso in this paragraph in this Act so that no
        Appalachian State shall be apportioned an amount in excess of 30
        percent of the amount made available for construction of the
        Appalachian Development Highway System under this heading:
        Provided further, That the Secretary shall adjust apportionments
        made under the third proviso in this paragraph in this Act so that:
        (1) each State shall be apportioned an amount not less than
        $10,000,000 for each of fiscal years 2022 through 2026; and (2)
        notwithstanding paragraph (1) of this proviso, a State shall not
        receive an apportionment that exceeds the remaining funds needed to
        complete the Appalachian development highway corridor or corridors
        in the State, as identified in the latest available cost to
        complete estimate for the system prepared by the Appalachian
        Regional Commission:  Provided further, That the Federal share of
        the cost of any project carried out with funds made available under
        this paragraph in this Act shall be up to 100 percent, as
        determined by the State:
      Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                  Federal Motor Carrier Safety Administration

                  motor carrier safety operations and program

        For an additional amount for ``Motor Carrier Safety Operations and
    Program'', $50,000,000, to remain available until September 30, 2029,
    to carry out motor carrier safety operations and programs pursuant to
    section 31110 of title 49, United States Code, in addition to amounts
    otherwise provided for such purpose:  Provided, That $10,000,000, to
    remain available until September 30, 2025, shall be made available for
    fiscal year 2022, $10,000,000, to remain available until September 30,
    2026, shall be made available for fiscal year 2023, $10,000,000, to
    remain available until September 30, 2027, shall be made available for
    fiscal year 2024, $10,000,000, to remain available until September 30,
    2028, shall be made available for fiscal year 2025, and $10,000,000, to
    remain available until September 30, 2029, shall be made available for
    fiscal year 2026:  Provided further, That amounts made available under
    this heading in this Act shall be derived from the general fund of the
    Treasury, shall be in addition to any other amounts made available for
    such purpose, and shall not affect the distribution or amount of funds
    provided in any Act making annual appropriations:  Provided further,
    That obligations of funds under this heading in this Act shall not be
    subject to any limitations on obligations provided in any Act making
    annual appropriations:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and pursuant
    to section 251(b) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                          motor carrier safety grants

        For an additional amount for ``Motor Carrier Safety Grants'',
    $622,500,000, to remain available until September 30, 2029, to carry
    out sections 31102, 31103, 31104, and 31313 of title 49, United States
    Code, in addition to amounts otherwise provided for such purpose:
    Provided, That $124,500,000, to remain available until September 30,
    2025, shall be made available for fiscal year 2022, $124,500,000, to
    remain available until September 30, 2026, shall be made available for
    fiscal year 2023, $124,500,000, to remain available until September 30,
    2027, shall be made available for fiscal year 2024, $124,500,000, to
    remain available until September 30, 2028, shall be made available for
    fiscal year 2025, and $124,500,000, to remain available until September
    30, 2029, shall be made available for fiscal year 2026:  Provided
    further, That, of the amounts provided under this heading in this Act,
    the following amounts shall be available for the following purposes in
    equal amounts for each of fiscal years 2022 through 2026--
            (1) up to $400,000,000 shall be for the motor carrier safety
        assistance program;
            (2) up to $80,000,000 shall be for the commercial driver's
        license program implementation program;
            (3) up to $132,500,000 shall be for the high priority
        activities program; and
            (4) up to $10,000,000 shall be for commercial motor vehicle
        operators grants:
      Provided further, That amounts made available under this heading in
    this Act shall be derived from the general fund of the Treasury, shall
    be in addition to any other amounts made available for such purpose,
    and shall not affect the distribution or amount of funds provided in
    any Act making annual appropriations:  Provided further, That
    obligations of funds under this heading in this Act shall not be
    subject to any limitations on obligations provided in any Act making
    annual appropriations:  Provided further, That up to 1.5 percent of the
    amounts made available under this heading in this Act in each fiscal
    year shall be for oversight and administration:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and pursuant to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                 National Highway Traffic Safety Administration

                                   crash data

                         (including transfer of funds)

        For an additional amount for ``Crash Data'', $750,000,000, to
    remain available until September 30, 2029, to carry out section 24108
    of division B of this Act:  Provided, That $150,000,000, to remain
    available until September 30, 2025, shall be made available for fiscal
    year 2022, $150,000,000, to remain available until September 30, 2026,
    shall be made available for fiscal year 2023, $150,000,000, to remain
    available until September 30, 2027, shall be made available for fiscal
    year 2024, $150,000,000, to remain available until September 30, 2028,
    shall be made available for fiscal year 2025, and $150,000,000, to
    remain available until September 30, 2029, shall be made available for
    fiscal year 2026:  Provided further, That up to 3 percent of the
    amounts made available under this heading in this Act in each of fiscal
    years 2022 through 2026 shall be for salaries and expenses,
    administration, and oversight, and shall be transferred and merged with
    the appropriations under the heading ``Operations and Research'':
    Provided further, That not later than 90 days after the date of
    enactment of this Act, the Secretary of Transportation shall submit to
    the House and Senate Committees on Appropriations a funding allocation
    plan for fiscal year 2022:  Provided further, That for each fiscal year
    through 2026, as part of the annual budget submission of the President
    under section 1105(a) of title 31, United States Code, the Secretary of
    Transportation shall submit a funding allocation plan for funding that
    will be made available under this heading in the upcoming fiscal year:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and pursuant to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                vehicle safety and behavioral research programs

                         (including transfer of funds)

        For an additional amount for ``Vehicle Safety and Behavioral
    Research Programs'', $548,500,000, to remain available until September
    30, 2029, to carry out the provisions of section 403 of title 23,
    United States Code, including behavioral research on Automated Systems
    and Advanced Driver Assistance Systems and improving consumer responses
    to safety recalls, and chapter 303 of title 49, United States Code, in
    addition to amounts otherwise provided for such purpose:  Provided,
    That $109,700,000, to remain available until September 30, 2025, shall
    be made available for fiscal year 2022, $109,700,000, to remain
    available until September 30, 2026, shall be made available for fiscal
    year 2023, $109,700,000, to remain available until September 30, 2027,
    shall be made available for fiscal year 2024, $109,700,000, to remain
    available until September 30, 2028, shall be made available for fiscal
    year 2025, and $109,700,000 to remain available until September 30,
    2029, shall be made available for fiscal year 2026:  Provided further,
    That amounts made available under this heading in this Act shall be
    derived from the general fund of the Treasury:  Provided further, That
    obligations of funds under this heading in this Act shall not be
    subject to any limitations on obligations provided in any Act making
    annual appropriations:  Provided further, That of the amounts made
    available under this heading in this Act, up to $350,000,000 may be
    transferred to ``Operations and Research'' to carry out traffic and
    highway safety authorized under chapter 301 and part C of subtitle VI
    of title 49, United States Code:  Provided further, That not later than
    90 days after the date of enactment of this Act, the Secretary of
    Transportation shall submit to the House and Senate Committees on
    Appropriations a funding allocation for fiscal year 2022:  Provided
    further, That for each fiscal year through 2026, as part of the annual
    budget submission of the President under section 1105(a) of title 31,
    United States Code, the Secretary of Transportation shall submit a
    funding allocation for funding that will be made available under this
    heading in the upcoming fiscal year:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and pursuant to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                  supplemental highway traffic safety programs

        For an additional amount for ``Supplemental Highway Traffic Safety
    Programs'', $310,000,000, to remain available until September 30, 2029,
    to carry out sections 402 and 405 of title 23, United States Code, and
    section 24101(a)(5) of division B of this Act:  Provided, That
    $62,000,000, to remain available until September 30, 2025, shall be
    made available for fiscal year 2022, $62,000,000, to remain available
    until September 30, 2026, shall be made available for fiscal year 2023,
    $62,000,000, to remain available until September 30, 2027, shall be
    made available for fiscal year 2024, $62,000,000, to remain available
    until September 30, 2028, shall be made available for fiscal year 2025,
    and $62,000,000 to remain available until September 30, 2029, shall be
    made available for fiscal year 2026:  Provided further, That amounts
    made available under this heading in this Act shall be derived from the
    general fund of the Treasury:  Provided further, That obligations of
    funds under this heading in this Act shall not be subject to any
    limitations on obligations provided in any Act making annual
    appropriations:  Provided further, That, of the amounts provided under
    this heading in this Act, the following amounts shall be for the
    following purposes in equal amounts for each of fiscal years 2022
    through 2026:
            (1) $100,000,000 shall be for highway safety programs under
        section 402 of title 23, United States Code;
            (2) $110,000,000 shall be for national priority safety programs
        under section 405 of title 23, United States Code; and
            (3) $100,000,000 shall be for administrative expenses under
        section 24101(a)(5) of division B of this Act:
      Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and pursuant to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                        Federal Railroad Administration

            consolidated rail infrastructure and safety improvements

        For an additional amount for ``Consolidated Rail Infrastructure and
    Safety Improvements'', $5,000,000,000, to remain available until
    expended, for competitive grants, as authorized under section 22907 of
    title 49, United States Code:  Provided, That $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That the Secretary may withhold up to 2 percent of the amounts
    provided under this heading in this Act in each fiscal year for the
    costs of award and project management oversight of grants carried out
    under section 22907 of title 49, United States Code:  Provided further,
    That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

         northeast corridor grants to the national railroad passenger
                                  corporation

                         (including transfer of funds)

        For an additional amount for ``Northeast Corridor Grants to the
    National Railroad Passenger Corporation'', $6,000,000,000, to remain
    available until expended, for activities associated with the Northeast
    Corridor, as authorized by section 22101(a) of division B of this Act:
    Provided, That $1,200,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $1,200,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $1,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $1,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That the amounts
    made available under this heading in this Act shall be made available
    for capital projects for the purpose of eliminating the backlog of
    obsolete assets and Amtrak's deferred maintenance backlog of rolling
    stock, facilities, stations, and infrastructure:  Provided further,
    That amounts made available under this heading in this Act shall be
    made available for the following capital projects--
            (1) acquiring new passenger rolling stock for the replacement
        of single-level passenger cars used in Amtrak's Northeast Corridor
        services, and associated rehabilitation, upgrade, and expansion of
        facilities used to maintain and store such equipment;
            (2) bringing Amtrak-served stations to full compliance with the
        Americans with Disabilities Act;
            (3) eliminating the backlog of deferred capital work on sole-
        benefit Amtrak-owned assets located on the Northeast Corridor; or
            (4) carrying out Northeast Corridor capital renewal backlog
        projects:
      Provided further, That not later than 180 days after the date of
    enactment of this Act, the Secretary of Transportation shall submit to
    the House and Senate Committees on Appropriations a detailed spend
    plan, including a list of project locations under the preceding proviso
    to be funded for fiscal year 2022:  Provided further, That for each
    fiscal year through 2026, as part of the annual budget submission of
    the President under section 1105(a) of title 31, United States Code,
    the Secretary of Transportation shall submit a detailed spend plan for
    that fiscal year, including a list of project locations under the third
    proviso:  Provided further, That amounts made available under this
    heading in this Act shall be in addition to other amounts made
    available for such purposes, including to enable the Secretary of
    Transportation to make or amend existing grants to Amtrak for
    activities associated with the Northeast Corridor, as authorized by
    section 22101(a) of division B of this Act:  Provided further, That
    amounts made available under this heading in this Act may be used by
    Amtrak to fund, in whole or in part, the capital costs of Northeast
    Corridor capital renewal backlog projects, including the costs of joint
    public transportation and intercity passenger rail capital projects,
    notwithstanding the limitations in section 24319(g) and section
    24905(c) of title 49, United States Code:  Provided further, That
    notwithstanding section 24911(f) of title 49, United States Code,
    amounts made available under this heading in this Act may be used as
    non-Federal share for Northeast Corridor projects selected for award
    under such section after the date of enactment of this Act:  Provided
    further, That the Secretary may retain up to one half of 1 percent of
    the amounts made available under both this heading in this Act and the
    ``National Network Grants to the National Railroad Passenger
    Corporation'' heading in this Act to fund the costs of oversight of
    Amtrak, as authorized by section 22101(c) of division B of this Act:
    Provided further, That in addition to the oversight funds authorized
    under section 22101(c) of division B of this Act, the Secretary may
    retain up to $5,000,000 of the funds made available under this heading
    in this Act for each fiscal year for the Northeast Corridor Commission
    established under section 24905 of title 49, United States Code, to
    facilitate a coordinated and efficient delivery of projects carried out
    under this heading in this Act:  Provided further, That amounts made
    available under this heading in this Act may be transferred to and
    merged with amounts made available under the heading ``National Network
    Grants to the National Railroad Passenger Corporation'' in this Act for
    the purposes authorized under that heading:  Provided further, That
    such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

     national network grants to the national railroad passenger corporation

                         (including transfer of funds)

        For an additional amount for ``National Network Grants to the
    National Railroad Passenger Corporation'', $16,000,000,000, to remain
    available until expended, for activities associated with the National
    Network, as authorized by section 22101(b) of division B of this Act:
    Provided, That $3,200,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $3,200,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $3,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $3,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $3,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That amounts made
    available under this heading in this Act shall be made available for
    capital projects for the purpose of eliminating Amtrak's deferred
    maintenance backlog of rolling stock, facilities, stations and
    infrastructure, including--
            (1) acquiring new passenger rolling stock to replace obsolete
        passenger equipment used in Amtrak's long-distance and state-
        supported services, and associated rehabilitation, upgrade, or
        expansion of facilities used to maintain and store such equipment;
            (2) bringing Amtrak-served stations to full compliance with the
        Americans with Disabilities Act;
            (3) eliminating the backlog of deferred capital work on Amtrak-
        owned railroad assets not located on the Northeast Corridor; and
            (4) projects to eliminate the backlog of obsolete assets
        associated with Amtrak's national rail passenger transportation
        system, such as systems for reservations, security, training
        centers, and technology:
      Provided further, That not later than 180 days after the date of
    enactment of this Act, the Secretary of Transportation shall submit to
    the House and Senate Committees on Appropriations a detailed spend
    plan, including a list of project locations under the preceding proviso
    to be funded for fiscal year 2022:  Provided further, That for each
    fiscal year through 2026, as part of the annual budget submission of
    the President under section 1105(a) of title 31, United States Code,
    the Secretary of Transportation shall submit a detailed spend plan for
    that fiscal year, including a list of project locations under the third
    proviso:  Provided further, That of the amounts made available under
    this heading in this Act, and in addition to amounts made available for
    similar purposes under this heading in prior Acts, Amtrak shall use
    such amounts as necessary for the replacement of single-level passenger
    cars and associated rehabilitation, upgrade, and expansion of
    facilities used to maintain and store such passenger cars, and such
    amounts shall be for its direct costs and in lieu of payments from
    States for such purposes, notwithstanding section 209 of the Passenger
    Rail Investment and Improvement Act of 2008 (Public Law 110-432), as
    amended:  Provided further, That amounts made available under this
    heading in this Act shall be in addition to other amounts made
    available for such purposes, including to enable the Secretary of
    Transportation to make or amend existing grants to Amtrak for
    activities associated with the National Network, as authorized by
    section 22101(b) of division B of this Act:  Provided further, That in
    addition to the oversight funds authorized under section 22101(c) of
    division B of this Act, the Secretary may retain up to $3,000,000 of
    the funds made available under this heading in this Act for each fiscal
    year for the State-Supported Route Committee established under section
    24712(a) of title 49, United States Code:  Provided further, That of
    the funds made available under this heading in this Act, the Secretary
    may retain up to $3,000,000 for each fiscal year for interstate rail
    compact grants, as authorized by section 22910 of title 49, United
    States Code:  Provided further, That of the funds made available under
    this heading in this Act, not less than $50,000,000 for each fiscal
    year shall be used to make grants, as authorized under section 22908 of
    title 49 United States Code consistent with the requirements of that
    section:  Provided further, That of the amounts made available under
    this heading in this Act, such sums as are necessary, shall be
    available for purposes authorized in section 22214 of division B of
    this Act:  Provided further, That amounts made available under this
    heading in this Act may be transferred to and merged with amounts made
    available under the heading ``Northeast Corridor Grants to the National
    Railroad Passenger Corporation'' in this Act for the purposes
    authorized under that heading:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

                     railroad crossing elimination program

        For an additional amount for ``Railroad Crossing Elimination
    Program'', $3,000,000,000, to remain available until expended, for
    competitive grants, as authorized under section 22909 of title 49,
    United States Code:  Provided, That $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $600,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2025, and $600,000,000, to remain available until expended, shall
    be made available for fiscal year 2026:  Provided further, That the
    Secretary may withhold up to 2 percent of the amounts provided under
    this heading in this Act for the costs of award and project management
    oversight of grants carried out under section 22909 of title 49, United
    States Code:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

         federal-state partnership for intercity passenger rail grants

        For an additional amount for ``Federal-State Partnership for
    Intercity Passenger Rail Grants'', $36,000,000,000, to remain available
    until expended, for grants, as authorized section 24911 of title 49,
    United States Code:  Provided, That $7,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $7,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $7,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $7,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $7,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That, notwithstanding subsection 24911(d)(3) of title 49,
    United States Code, not more than $24,000,000,000 of the amounts made
    available under this heading in this Act for fiscal years 2022 through
    2026 shall be for projects for the Northeast Corridor:  Provided
    further, That amounts made available under the heading ``Northeast
    Corridor Grants to the National Railroad Passenger Corporation'' in
    this Act may be used as non-Federal share for Northeast Corridor
    projects selected for award under section 24911 of title 49, United
    States Code, after the date of enactment of this Act, notwithstanding
    subsection 24911(f) of such title:  Provided further, That the
    Secretary may withhold up to 2 percent of the amount provided under
    this heading in this Act in each fiscal year for the costs of award and
    project management oversight of grants carried out under section 24911
    of title 49, United States Code:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to
    section 251(b) of the Balanced Budget and Emergency Deficit Control Act
    of 1985.

           administrative provisions--federal railroad administration

                         (including transfer of funds)

        Sec. 802.  Amounts made available to the Secretary of
    Transportation or to the Federal Railroad Administration in this title
    in this Act for the costs of award, administration, and project
    management oversight of financial assistance under the programs that
    are administered by the Federal Railroad Administration may be
    transferred to a ``Financial Assistance Oversight and Technical
    Assistance'' account, to remain available until expended, for the
    necessary expenses to support the award, administration, project
    management oversight, and technical assistance of programs administered
    by the Federal Railroad Administration under this Act:  Provided, That
    one-quarter of one percent of the amounts transferred pursuant to the
    authority in this section in each of fiscal years 2022 through 2026
    shall be transferred to the Office of Inspector General of the
    Department of Transportation for oversight of funding provided to the
    Department of Transportation in this title in this Act:  Provided
    further, That one-quarter of one percent of the amounts transferred
    pursuant to the authority in this section in each of fiscal years 2022
    through 2026 shall be transferred to the National Railroad Passenger
    Corporation Office of Inspector General for oversight of funding
    provided to the National Railroad Passenger Corporation in this title
    in this Act.

                         Federal Transit Administration

                         transit infrastructure grants

                         (including transfer of funds)

        For an additional amount for ``Transit Infrastructure Grants'',
    $10,250,000,000, to remain available until expended:  Provided, That
    $2,050,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $2,050,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $2,050,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $2,050,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $2,050,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That the funds made
    available under this heading in this Act shall be derived from the
    general fund of the Treasury, shall be in addition to any other amounts
    made available for such purpose, and shall not affect the distribution
    of funds provided in any Act making annual appropriations:  Provided
    further, That the funds made available under this heading in this Act
    shall not be subject to any limitation on obligations for the Federal
    Public Transportation Assistance Program set forth in any Act making
    annual appropriations:  Provided further, That, of the amount provided
    under this heading in this Act, the following amounts shall be for the
    following purposes in equal amounts for each of fiscal years 2022
    through 2026--
            (1) $4,750,000,000 shall be to carry out the state of good
        repair grants under section 5337(c) and (d) of title 49, United
        States Code;
            (2) $5,250,000,000 shall be to carry out the low or no emission
        grants under section 5339(c) of title 49, United States Code; and
            (3) $250,000,000 shall be to carry out the formula grants for
        the enhanced mobility of seniors and individuals with disabilities
        as authorized under section 5310 of title 49, United States Code:
      Provided further, That not more than two percent of the funds made
    available under this heading in this Act shall be available for
    administrative and oversight expenses as authorized under section 5334
    and section 5338(c) of title 49, United States Code, and shall be in
    addition to any other appropriations for such purpose:  Provided
    further, That one-half of one percent of the amounts in the preceding
    proviso shall be transferred to the Office of Inspector General of the
    Department of Transportation for oversight of funding provided to the
    Department of Transportation in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                           capital investment grants

                         (including transfer of funds)

        For an additional amount for ``Capital Investment Grants'',
    $8,000,000,000, to remain available until expended:  Provided, That
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That not more than
    55 percent of the funds made available under this heading in this Act
    in each fiscal year may be available for projects authorized under
    section 5309(d) of title 49, United States Code:  Provided further,
    That not more than 20 percent of the funds made available under this
    heading in this Act in each fiscal year may be available for projects
    authorized under section 5309(e) of title 49, United States Code:
    Provided further, That not more than 15 percent of the funds made
    available under this heading in this Act in each fiscal year may be
    available for projects authorized under section 5309(h) of title 49,
    United States Code:  Provided further, That not more than 10 percent of
    the funds made available under this heading in this Act in each fiscal
    year may be available for projects authorized under section 3005(b) of
    the Fixing America's Surface Transportation Act:  Provided further,
    That the Secretary may adjust the percentage limitations in any of the
    preceding four provisos by up to 5 percent in each fiscal year for
    which funds are made available under this heading in this Act only when
    there are unobligated carry over balances from funds provided for
    section 5309(d), section 5309(e), or section 5309(h) of title 49,
    United States Code, or section 3005(b) of the Fixing America's
    Transportation Act that are equal to or greater than amounts provided
    under this heading in this Act:  Provided further, That for each fiscal
    year through 2026, as part of the annual budget submission of the
    President under section 1105(a) of title 31, United States Code, the
    Secretary of Transportation shall submit a list of potential projects
    eligible for the funds made available under this heading in this Act
    for that fiscal year, including project locations and proposed funding
    amounts consistent with the projects Full Funding Grant Agreement
    annual funding profile where applicable:  Provided further, That funds
    allocated to any project during fiscal years 2015 or 2017 pursuant to
    section 5309 of title 49, United States Code, shall remain allocated to
    that project through fiscal year 2023:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year
    2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                       all stations accessibility program

                         (including transfer of funds)

        For an additional amount for ``All Stations Accessibility
    Program'', $1,750,000,000, to remain available until expended, for the
    Secretary of Transportation to make competitive grants to assist
    eligible entities in financing capital projects to upgrade the
    accessibility of legacy rail fixed guideway public transportation
    systems for persons with disabilities, including those who use
    wheelchairs, by increasing the number of existing (as of the date of
    enactment of this Act) stations or facilities for passenger use that
    meet or exceed the new construction standards of title II of the
    Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.):
    Provided, That $350,000,000, to remain available until expended, shall
    be made available for fiscal year 2022, $350,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $350,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $350,000,000, to remain available until
    expended, shall be made available for fiscal year 2025, and
    $350,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That the funds made
    available under this heading in this Act shall be derived from the
    general fund of the Treasury:  Provided further, That eligible entities
    under this heading in this Act shall include a State or local
    government authority:  Provided further, That an eligible entity may
    use a grant awarded under this heading in this Act: (1) for a project
    to repair, improve, modify, retrofit, or relocate infrastructure of
    stations or facilities for passenger use, including load-bearing
    members that are an essential part of the structural frame; or (2) to
    develop or modify a plan for pursuing public transportation
    accessibility projects, assessments of accessibility, or assessments of
    planned modifications to stations or facilities for passenger use:
    Provided further, That eligible entities are encouraged to consult with
    appropriate stakeholders and the surrounding community to ensure
    accessibility for individuals with disabilities, including
    accessibility for individuals with physical disabilities, including
    those who use wheelchairs, accessibility for individuals with sensory
    disabilities, and accessibility for individuals with intellectual or
    developmental disabilities:  Provided further, That all projects shall
    at least meet the new construction standards of title II of the
    Americans with Disabilities Act of 1990:  Provided further, That
    eligible costs for a project funded with a grant awarded under this
    heading in this Act shall be limited to the costs associated with
    carrying out the purpose described in the preceding proviso:  Provided
    further, That an eligible entity may not use a grant awarded under this
    heading in this Act to upgrade a station or facility for passenger use
    that is accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs, consistent with current (as
    of the date of the upgrade) new construction standards under title II
    of the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et
    seq.):  Provided further, That a grant for a project made with amounts
    made available under this heading in this Act shall be for 80 percent
    of the net project cost:  Provided further, That the total Federal
    financial assistance available under chapter 53 of title 49, United
    States Code, for an eligible entity that receives a grant awarded under
    this heading in this Act may not exceed 80 percent:  Provided further,
    That the recipient of a grant made with amounts made available under
    this heading in this Act may provide additional local matching amounts:
     Provided further, That not more than two percent of the funds made
    available under this heading in this Act shall be available for
    administrative and oversight expenses as authorized under section 5334
    and section 5338(c) of title 49, United States Code, and shall be in
    addition to any other appropriations for such purpose:  Provided
    further, That one-half of one percent of the of the amounts in the
    preceding proviso shall be transferred to the Office of Inspector
    General of the Department of Transportation for oversight of funding
    provided to the Department of Transportation in this title in this Act:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                     electric or low-emitting ferry program

                         (including transfer of funds)

        For competitive grants for electric or low-emitting ferry pilot
    program grants as authorized under section 71102 of division G of this
    Act, $250,000,000, to remain available until expended:  Provided, That
    $50,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $50,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $50,000,000, to
    remain available until expended, shall be made available for fiscal
    year 2024, $50,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $50,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That amounts made available under this heading in
    this Act shall be derived from the general fund of the Treasury:
    Provided further, That the amounts made available under this heading in
    this Act shall not be subject to any limitation on obligations for
    transit programs set forth in any Act making annual appropriations:
    Provided further, That not more than two percent of the funds made
    available under this heading in this Act shall be available for
    administrative and oversight expenses as authorized under section 5334
    and section 5338(c) of title 49, United States Code, and shall be in
    addition to any other appropriations for such purpose:  Provided
    further, That one-half of one percent of the of the amounts in the
    preceding proviso shall be transferred to the Office of Inspector
    General of the Department of Transportation for oversight of funding
    provided to the Department of Transportation in this title in this Act:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                      ferry service for rural communities

                         (including transfer of funds)

        For competitive grants to States for eligible essential ferry
    service as authorized under section 71103 of division G of this Act,
    $1,000,000,000, to remain available until expended:  Provided, That
    $200,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $200,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $200,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2024, $200,000,000, to remain available until expended, shall be
    made available for fiscal year 2025, and $200,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
     Provided further, That amounts made available under this heading in
    this Act shall be derived from the general fund of the Treasury:
    Provided further, That amounts made available under this heading in
    this Act shall not be subject to any limitation on obligations for the
    Federal Public Transportation Assistance Program set forth in any Act
    making annual appropriations:  Provided further, That not more than two
    percent of the funds made available under this heading in this Act
    shall be available for administrative and oversight expenses as
    authorized under section 5334 and section 5338(c) of title 49, United
    States Code, and shall be in addition to any other appropriations for
    such purpose:  Provided further, That one-half of one percent of the
    amounts in the preceding proviso shall be transferred to the Office of
    Inspector General of the Department of Transportation for oversight of
    funding provided to the Department of Transportation in this title in
    this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                            Maritime Administration

                            operations and training

        For an additional amount for ``Operations and Training'',
    $25,000,000, to remain available until September 30, 2032, for the
    America's Marine Highway Program to make grants for the purposes
    authorized under sections 55601(b)(1) and (3) of title 46, United
    States Code:  Provided, That such amount is designated by the Congress
    as being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                    port infrastructure development program

        For an additional amount for ``Port Infrastructure Development
    Program'', $2,250,000,000, to remain available until September 30,
    2036:  Provided, That $450,000,000, to remain available until September
    30, 2032, shall be made available for fiscal year 2022, $450,000,000,
    to remain available until September 30, 2033, shall be made available
    for fiscal year 2023, $450,000,000, to remain available until September
    30, 2034, shall be made available for fiscal year 2024, $450,000,000,
    to remain available until September 30, 2035, shall be made available
    for fiscal year 2025, and $450,000,000, to remain available until
    September 30, 2036, shall be made available for fiscal year 2026:
    Provided further, That for the purposes of amounts made available under
    this heading in this Act and in prior Acts, and in addition to projects
    already eligible for awards under this heading, eligible projects, as
    defined under section 50302(c)(3) of title 46, United States Code,
    shall also include projects that improve the resiliency of ports to
    address sea-level rise, flooding, extreme weather events, earthquakes,
    and tsunami inundation, as well as projects that reduce or eliminate
    port-related criteria pollutant or greenhouse gas emissions, including
    projects for--
            (1) Port electrification or electrification master planning;
            (2) Harbor craft or equipment replacements/retrofits;
            (3) Development of port or terminal micro-grids;
            (4) Providing idling reduction infrastructure;
            (5) Purchase of cargo handling equipment and related
        infrastructure;
            (6) Worker training to support electrification technology;
            (7) Installation of port bunkering facilities from ocean-going
        vessels for fuels;
            (8) Electric vehicle charge or hydrogen refueling
        infrastructure for drayage, and medium or heavy duty trucks and
        locomotives that service the port and related grid upgrades; or
            (9) Other related to port activities including charging
        infrastructure, electric rubber-tired gantry cranes, and anti-
        idling technologies:
      Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

             Pipeline and Hazardous Materials Safety Administration

    natural gas distribution infrastructure safety and modernization grant
                                    program

                         (including transfer of funds)

        For an additional amount for ``Natural Gas Distribution
    Infrastructure Safety and Modernization Grant Program'',
    $1,000,000,000, to remain available until expended for the Secretary of
    Transportation to make competitive grants for the modernization of
    natural gas distribution pipelines:  Provided, That $200,000,000, to
    remain available until September 30, 2032, shall be made available for
    fiscal year 2022, $200,000,000, to remain available until September 30,
    2033, shall be made available for fiscal year 2023, $200,000,000, to
    remain available until September 30, 2034, shall be made available for
    fiscal year 2024, $200,000,000, to remain available until September 30,
    2035, shall be made available for fiscal year 2025, and $200,000,000,
    to remain available until September 30, 2036, shall be made available
    for fiscal year 2026:  Provided further, That grants from funds made
    available under this heading in this Act shall be available to a
    municipality or community owned utility (not including for-profit
    entities) to repair, rehabilitate, or replace its natural gas
    distribution pipeline system or portions thereof or to acquire
    equipment to (1) reduce incidents and fatalities and (2) avoid economic
    losses:  Provided further, That in making grants from funds made
    available under this heading in this Act, the Secretary shall establish
    procedures for awarding grants that take into consideration the
    following: (1) the risk profile of the existing pipeline system
    operated by the applicant, including the presence of pipe prone to
    leakage; (2) the potential of the project for creating jobs; (3) the
    potential for benefiting disadvantaged rural and urban communities; and
    (4) economic impact or growth:  Provided further, That the Secretary
    shall not award more than 12.5 percent of the funds available under
    this heading to a single municipality or community-owned utility:
    Provided further, That the Secretary shall issue a notice of funding
    opportunity not later than 180 days after each date upon which funds
    are made available under the first proviso:  Provided further, That the
    Secretary shall make awards not later than 270 days after issuing the
    notices of funding opportunity required under the preceding proviso:
    Provided further, That not more than 2 percent of the amounts made
    available in each fiscal year shall be available to pay the
    administrative costs of carrying out the grant program under this
    heading in this Act:  Provided further, That one-half of one percent of
    the amounts transferred pursuant to the authority in this section in
    each of fiscal years 2022 through 2026 shall be transferred to the
    Office of Inspector General of the Department of Transportation for
    oversight of funding provided to the Department of Transportation in
    this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                General Provision--Department of Transportation

        Sec. 803.  Any funds transferred to the Office of Inspector General
    of the Department of Transportation from amounts made available in this
    division in this Act shall remain available until expended.

                  TITLE IX--GENERAL PROVISIONS--THIS DIVISION

        Sec. 901.  Each amount appropriated or made available by this
    division is in addition to amounts otherwise appropriated for the
    fiscal year involved.
        Sec. 902.  No part of any appropriation contained in this division
    shall remain available for obligation beyond the current fiscal year
    unless expressly so provided herein.
        Sec. 903.  Unless otherwise provided for by this division, the
    additional amounts appropriated by this division to appropriations
    accounts for a fiscal year shall be available under the authorities and
    conditions applicable to such appropriations accounts for that fiscal
    year.
        Sec. 904.  Any amount appropriated by this division, designated by
    the Congress as an emergency requirement pursuant to section 4112(a) of
    H. Con. Res. 71 (115th Congress), the concurrent resolution on the
    budget for fiscal year 2018, and to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, and transferred
    pursuant to transfer authorities provided by this division shall retain
    such designation.

                               budgetary effects

        Sec. 905. (a) Statutory PAYGO Scorecards.--The budgetary effects of
    this division and amounts rescinded in section 90007 of division I that
    were previously designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 shall not be entered on either
    PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
    Pay As-You-Go Act of 2010.
        (b) Senate Paygo Scorecards.--The budgetary effects of this
    division and amounts rescinded in section 90007 of division I that were
    previously designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 shall not be entered on any PAYGO
    scorecard maintained for purposes of section 4106 of H. Con. Res. 71
    (115th Congress).
        (c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
    the Budget Scorekeeping Guidelines set forth in the joint explanatory
    statement of the committee of conference accompanying Conference Report
    105-217 and section 250(c)(7) and (c)(8) of the Balanced Budget and
    Emergency Deficit Control Act of 1985, the budgetary effects of this
    division and amounts rescinded in section 90007 of division I that were
    previously designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985 shall be estimated for purposes
    of section 251 of such Act and as appropriations for discretionary
    accounts for purposes of the allocation to the Committee on
    Appropriations pursuant to section 302(a) of the Congressional Budget
    Act of 1974 and section 4112 of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018.
         This division may be cited as the ``Infrastructure Investments and
    Jobs Appropriations Act''.

                   DIVISION K--MINORITY BUSINESS DEVELOPMENT

    SEC. 100001. SHORT TITLE.
        This division may be cited as the ``Minority Business Development
    Act of 2021''.
    SEC. 100002. DEFINITIONS.
        In this division:
            (1) Agency.--The term ``Agency'' means the Minority Business
        Development Agency of the Department of Commerce.
            (2) Community-based organization.--The term ``community-based
        organization'' has the meaning given the term in section 8101 of
        the Elementary and Secondary Education Act of 1965 (20 U.S.C.
        7801).
            (3) Eligible entity.--Except as otherwise expressly provided,
        the term ``eligible entity''--
                (A) means--
                    (i) a private sector entity;
                    (ii) a public sector entity; or
                    (iii) a Native entity; and
                (B) includes an institution of higher education.
            (4) Federal agency.--The term ``Federal agency'' has the
        meaning given the term ``agency'' in section 551 of title 5, United
        States Code.
            (5) Federally recognized area of economic distress.--The term
        ``federally recognized area of economic distress'' means--
                (A) a HUBZone, as that term is defined in section 31(b) of
            the Small Business Act (15 U.S.C. 657a(b));
                (B) an area that--
                    (i) has been designated as--

                        (I) an empowerment zone under section 1391 of the
                    Internal Revenue Code of 1986; or
                        (II) a Promise Zone by the Secretary of Housing and
                    Urban Development; or

                    (ii) is a low or moderate income area, as determined by
                the Department of Housing and Urban Development;
                (C) a qualified opportunity zone, as that term is defined
            in section 1400Z-1 of the Internal Revenue Code of 1986; or
                (D) any other political subdivision or unincorporated area
            of a State determined by the Under Secretary to be an area of
            economic distress.
            (6) Institution of higher education.--The term ``institution of
        higher education'' has the meaning given the term in section 101 of
        the Higher Education Act of 1965 (20 U.S.C. 1001).
            (7) MBDA business center.--The term ``MBDA Business Center''
        means a business center that--
                (A) is established by the Agency; and
                (B) provides technical business assistance to minority
            business enterprises consistent with the requirements of this
            division.
            (8) MBDA business center agreement.--The term ``MBDA Business
        Center agreement'' means a legal instrument--
                (A) reflecting a relationship between the Agency and the
            recipient of a Federal assistance award that is the subject of
            the instrument; and
                (B) that establishes the terms by which the recipient
            described in subparagraph (A) shall operate an MBDA Business
            Center.
            (9) Minority business enterprise.--
                (A) In general.--The term ``minority business enterprise''
            means a business enterprise--
                    (i) that is not less than 51 percent-owned by 1 or more
                socially or economically disadvantaged individuals; and
                    (ii) the management and daily business operations of
                which are controlled by 1 or more socially or economically
                disadvantaged individuals.
                (B) Rule of construction.--Nothing in subparagraph (A) may
            be construed to exclude a business enterprise from qualifying
            as a ``minority business enterprise'' under that subparagraph
            because of--
                    (i) the status of the business enterprise as a for-
                profit or not-for-profit enterprise; or
                    (ii) the annual revenue of the business enterprise.
            (10) Native entity.--The term ``Native entity'' means--
                (A) a Tribal Government;
                (B) an Alaska Native village or Regional or Village
            Corporation, as defined in or established pursuant to the
            Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);
                (C) a Native Hawaiian organization, as that term is defined
            in section 6207 of the Elementary and Secondary Education Act
            of 1965 (20 U.S.C. 7517);
                (D) the Department of Hawaiian Home Lands; and
                (E) the Office of Hawaiian Affairs.
            (11) Private sector entity.--The term ``private sector
        entity''--
                (A) means an entity that is not a public sector entity; and
                (B) does not include--
                    (i) the Federal Government;
                    (ii) any Federal agency; or
                    (iii) any instrumentality of the Federal Government.
            (12) Public sector entity.--The term ``public sector entity''
        means--
                (A) a State;
                (B) an agency of a State;
                (C) a political subdivision of a State;
                (D) an agency of a political subdivision of a State; or
                (E) a Native entity.
            (13) Secretary.--The term ``Secretary'' means the Secretary of
        Commerce.
            (14) Socially or economically disadvantaged business concern.--
        The term ``socially or economically disadvantaged business
        concern'' means a for-profit business enterprise--
                (A)(i) that is not less than 51 percent owned by 1 or more
            socially or economically disadvantaged individuals; or
                (ii) that is socially or economically disadvantaged; or
                (B) the management and daily business operations of which
            are controlled by 1 or more socially or economically
            disadvantaged individuals.
            (15) Socially or economically disadvantaged individual.--
                (A) In general.--The term ``socially or economically
            disadvantaged individual'' means an individual who has been
            subjected to racial or ethnic prejudice or cultural bias (or
            the ability of whom to compete in the free enterprise system
            has been impaired due to diminished capital and credit
            opportunities, as compared to others in the same line of
            business and competitive market area) because of the identity
            of the individual as a member of a group, without regard to any
            individual quality of the individual that is unrelated to that
            identity.
                (B) Presumption.--In carrying out this division, the Under
            Secretary shall presume that the term ``socially or
            economically disadvantaged individual'' includes any individual
            who is--
                    (i) Black or African American;
                    (ii) Hispanic or Latino;
                    (iii) American Indian or Alaska Native;
                    (iv) Asian;
                    (v) Native Hawaiian or other Pacific Islander; or
                    (vi) a member of a group that the Agency determines
                under part 1400 of title 15, Code of Federal Regulations,
                as in effect on November 23, 1984, is a socially
                disadvantaged group eligible to receive assistance.
            (16) Specialty center.--The term ``specialty center'' means an
        MBDA Business Center that provides specialty services focusing on
        specific business needs, including assistance relating to--
                (A) capital access;
                (B) Federal procurement;
                (C) entrepreneurship;
                (D) technology transfer; or
                (E) any other area determined necessary or appropriate
            based on the priorities of the Agency.
            (17) State.--The term ``State'' means--
                (A) each of the States of the United States;
                (B) the District of Columbia;
                (C) the Commonwealth of Puerto Rico;
                (D) the United States Virgin Islands;
                (E) Guam;
                (F) American Samoa;
                (G) the Commonwealth of the Northern Mariana Islands; and
                (H) each Tribal Government.
            (18) Tribal government.--The term ``Tribal Government'' means
        the recognized governing body of any Indian or Alaska Native tribe,
        band, nation, pueblo, village, community, component band, or
        component reservation, individually identified (including
        parenthetically) in the list published most recently as of the date
        of enactment of this division pursuant to section 104 of the
        Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C.
        5131).
            (19) Under secretary.--The term ``Under Secretary'' means the
        Under Secretary of Commerce for Minority Business Development, who
        is appointed as described in section ___3(b) to administer this
        division.
    SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.
        (a) In General.--There is within the Department of Commerce the
    Minority Business Development Agency.
        (b) Under Secretary.--
            (1) Appointment and duties.--The Agency shall be headed by the
        Under Secretary of Commerce for Minority Business Development, who
        shall--
                (A) be appointed by the President, by and with the advice
            and consent of the Senate;
                (B) except as otherwise expressly provided, be responsible
            for the administration of this division; and
                (C) report directly to the Secretary.
            (2) Compensation.--
                (A) In general.--The Under Secretary shall be compensated
            at an annual rate of basic pay prescribed for level III of the
            Executive Schedule under section 5314 of title 5, United States
            Code.
                (B) Technical and conforming amendment.--Section 5314 of
            title 5, United States Code, is amended by striking ``and Under
            Secretary of Commerce for Travel and Tourism'' and inserting
            ``Under Secretary of Commerce for Travel and Tourism, and Under
            Secretary of Commerce for Minority Business Development''.
            (3) References.--Any reference in a law, map, regulation,
        document, paper, or other record of the United States to the
        Director of the Agency shall be deemed to be a reference to the
        Under Secretary.
        (c) Report to Congress.--Not later than 120 days after the date of
    enactment of this Act, the Secretary shall submit to Congress a report
    that describes--
            (1) the organizational structure of the Agency;
            (2) the organizational position of the Agency within the
        Department of Commerce; and
            (3) a description of how the Agency shall function in relation
        to the operations carried out by each other component of the
        Department of Commerce.
        (d) Office of Business Centers.--
            (1) Establishment.--There is established within the Agency the
        Office of Business Centers.
            (2) Director.--The Office of Business Centers shall be
        administered by a Director, who shall be appointed by the Under
        Secretary.
        (e) Offices of the Agency.--
            (1) In general.--In addition to the regional offices that the
        Under Secretary is required to establish under paragraph (2), the
        Under Secretary shall establish such other offices within the
        Agency as are necessary to carry out this division.
            (2) Regional offices.--
                (A) In general.--In order to carry out this division, the
            Under Secretary shall establish a regional office of the Agency
            for each of the regions of the United States, as determined by
            the Under Secretary.
                (B) Duties.--Each regional office established under
            subparagraph (A) shall expand the reach of the Agency and
            enable the Federal Government to better serve the needs of
            minority business enterprises in the region served by the
            office, including by--
                    (i) understanding and participating in the business
                environment of that region;
                    (ii) working with--

                        (I) MBDA Business Centers that are located in that
                    region;
                        (II) resource and lending partners of other
                    appropriate Federal agencies that are located in that
                    region; and
                        (III) Federal, State, and local procurement offices
                    that are located in that region;

                    (iii) being aware of business retention or expansion
                programs that are specific to that region;
                    (iv) seeking out opportunities to collaborate with
                regional public and private programs that focus on minority
                business enterprises; and
                    (v) promoting business continuity and preparedness.

                         TITLE I--EXISTING INITIATIVES
           Subtitle A--Market Development, Research, and Information

    SEC. 100101. PRIVATE SECTOR DEVELOPMENT.
        The Under Secretary shall, whenever the Under Secretary determines
    such action is necessary or appropriate--
            (1) provide Federal assistance to minority business enterprises
        operating in domestic and foreign markets by making available to
        those business enterprises, either directly or in cooperation with
        private sector entities, including community-based organizations
        and national nonprofit organizations--
                (A) resources relating to management;
                (B) technological and technical assistance;
                (C) financial, legal, and marketing services; and
                (D) services relating to workforce development;
            (2) encourage minority business enterprises to establish joint
        ventures and projects--
                (A) with other minority business enterprises; or
                (B) in cooperation with public sector entities or private
            sector entities, including community-based organizations and
            national nonprofit organizations, to increase the share of any
            market activity being performed by minority business
            enterprises; and
            (3) facilitate the efforts of private sector entities and
        Federal agencies to advance the growth of minority business
        enterprises.
    SEC. 100102. PUBLIC SECTOR DEVELOPMENT.
        The Under Secretary shall, whenever the Under Secretary determines
    such action is necessary or appropriate--
            (1) consult and cooperate with public sector entities for the
        purpose of leveraging resources available in the jurisdictions of
        those public sector entities to promote the position of minority
        business enterprises in the local economies of those public sector
        entities, including by assisting public sector entities to
        establish or enhance--
                (A) programs to procure goods and services through minority
            business enterprises and goals for that procurement;
                (B) programs offering assistance relating to--
                    (i) management;
                    (ii) technology;
                    (iii) law;
                    (iv) financing, including accounting;
                    (v) marketing; and
                    (vi) workforce development; and
                (C) informational programs designed to inform minority
            business enterprises located in the jurisdictions of those
            public sector entities about the availability of programs
            described in this section;
            (2) meet with leaders and officials of public sector entities
        for the purpose of recommending and promoting local administrative
        and legislative initiatives needed to advance the position of
        minority business enterprises in the local economies of those
        public sector entities; and
            (3) facilitate the efforts of public sector entities and
        Federal agencies to advance the growth of minority business
        enterprises.
    SEC. 100103. RESEARCH AND INFORMATION.
        (a) In General.--In order to achieve the purposes of this division,
    the Under Secretary--
            (1) shall--
                (A) collect and analyze data, including data relating to
            the causes of the success or failure of minority business
            enterprises;
                (B) conduct research, studies, and surveys of--
                    (i) economic conditions generally in the United States;
                and
                    (ii) how the conditions described in clause (i)
                particularly affect the development of minority business
                enterprises; and
                (C) provide outreach, educational services, and technical
            assistance in, at a minimum, the 5 most commonly spoken
            languages in the United States to ensure that limited English
            proficient individuals receive culturally and linguistically
            appropriate access to the services and information provided by
            the Agency; and
            (2) may perform an evaluation of programs carried out by the
        Under Secretary that are designed to assist the development of
        minority business enterprises.
        (b) Information Clearinghouse.--The Under Secretary shall--
            (1) establish and maintain an information clearinghouse for the
        collection and dissemination to relevant parties (including
        business owners and researchers) of demographic, economic,
        financial, managerial, and technical data relating to minority
        business enterprises; and
            (2) take such steps as the Under Secretary may determine to be
        necessary and desirable to--
                (A) search for, collect, classify, coordinate, integrate,
            record, and catalog the data described in paragraph (1); and
                (B) in a manner that is consistent with section 552a of
            title 5, United States Code, protect the privacy of the
            minority business enterprises to which the data described in
            paragraph (1) relates.

       Subtitle B--Minority Business Development Agency Business Center
                                    Program

    SEC. 100111. DEFINITION.
        In this subtitle, the term ``MBDA Business Center Program'' means
    the program established under section ___113.
    SEC. 100112. PURPOSE.
        The purpose of the MBDA Business Center Program shall be to create
    a national network of public-private partnerships that--
            (1) assist minority business enterprises in--
                (A) accessing capital, contracts, and grants; and
                (B) creating and maintaining jobs;
            (2) provide counseling and mentoring to minority business
        enterprises; and
            (3) facilitate the growth of minority business enterprises by
        promoting trade.
    SEC. 100113. ESTABLISHMENT.
        (a) In General.--There is established in the Agency a program--
            (1) that shall be known as the MBDA Business Center Program;
            (2) that shall be separate and distinct from the efforts of the
        Under Secretary under section ___101; and
            (3) under which the Under Secretary shall make Federal
        assistance awards to eligible entities to operate MBDA Business
        Centers, which shall, in accordance with section ___114, provide
        technical assistance and business development services, or
        specialty services, to minority business enterprises.
        (b) Coverage.--The Under Secretary shall take all necessary actions
    to ensure that the MBDA Business Center Program, in accordance with
    section ___114, offers the services described in subsection (a)(3) in
    all regions of the United States.
    SEC. 100114. GRANTS AND COOPERATIVE AGREEMENTS.
        (a) Requirements.--An MBDA Business Center (referred to in this
    subtitle as a ``Center''), with respect to the Federal financial
    assistance award made to operate the Center under the MBDA Business
    Center Program--
            (1) shall--
                (A) provide to minority business enterprises programs and
            services determined to be appropriate by the Under Secretary,
            which may include--
                    (i) referral services to meet the needs of minority
                business enterprises; and
                    (ii) programs and services to accomplish the goals
                described in section ___101(1);
                (B) develop, cultivate, and maintain a network of strategic
            partnerships with organizations that foster access by minority
            business enterprises to economic markets, capital, or
            contracts;
                (C) continue to upgrade and modify the services provided by
            the Center, as necessary, in order to meet the changing and
            evolving needs of the business community;
                (D) establish or continue a referral relationship with not
            less than 1 community-based organization; and
                (E) collaborate with other Centers; and
            (2) in providing programs and services under the applicable
        MBDA Business Center agreement, may--
                (A) operate on a fee-for-service basis; or
                (B) generate income through the collection of--
                    (i) client fees;
                    (ii) membership fees; and
                    (iii) any other appropriate fees proposed by the Center
                in the application submitted by the Center under subsection
                (e).
        (b) Term.--Subject to subsection (g)(3), the term of an MBDA
    Business Center agreement shall be not less than 3 years.
        (c) Financial Assistance.--
            (1) In general.--The amount of financial assistance provided by
        the Under Secretary under an MBDA Business Center agreement shall
        be not less than $250,000 for the term of the agreement.
            (2) Matching requirement.--
                (A) In general.--A Center shall match not less than \1/3\
            of the amount of the financial assistance awarded to the Center
            under the terms of the applicable MBDA Business Center
            agreement, unless the Under Secretary determines that a waiver
            of that requirement is necessary after a demonstration by the
            Center of a substantial need for that waiver.
                (B) Form of funds.--A Center may meet the matching
            requirement under subparagraph (A) by using--
                    (i) cash or in-kind contributions, without regard to
                whether the contribution is made by a third party; or
                    (ii) Federal funds received from other Federal
                programs.
            (3) Use of financial assistance and program income.--A Center
        shall use--
                (A) all financial assistance awarded to the Center under
            the applicable MBDA Business Center agreement to carry out
            subsection (a); and
                (B) all income that the Center generates in carrying out
            subsection (a)--
                    (i) to meet the matching requirement under paragraph
                (2) of this subsection; and
                    (ii) if the Center meets the matching requirement under
                paragraph (2) of this subsection, to carry out subsection
                (a).
        (d) Criteria for Selection.--The Under Secretary shall--
            (1) establish criteria that--
                (A) the Under Secretary shall use in determining whether to
            enter into an MBDA Business Center agreement with an eligible
            entity; and
                (B) may include criteria relating to whether an eligible
            entity is located in--
                    (i) an area, the population of which is composed of not
                less than 51 percent socially or economically disadvantaged
                individuals, as determined in accordance with data
                collected by the Bureau of the Census;
                    (ii) a federally recognized area of economic distress;
                or
                    (iii) a State that is underserved with respect to the
                MBDA Business Center Program, as defined by the Under
                Secretary; and
            (2) make the criteria and standards established under paragraph
        (1) publicly available, including--
                (A) on the website of the Agency; and
                (B) in each Notice of Funding Opportunity soliciting MBDA
            Business Center agreements.
        (e) Applications.--An eligible entity desiring to enter into an
    MBDA Business Center agreement shall submit to the Under Secretary an
    application that includes--
            (1) a statement of--
                (A) how the eligible entity will carry out subsection (a);
            and
                (B) any experience or plans of the eligible entity with
            respect to--
                    (i) assisting minority business enterprises to--

                        (I) obtain--

                            (aa) large-scale contracts, grants, or
                        procurements;
                            (bb) financing; or
                            (cc) legal assistance;

                        (II) access established supply chains; and
                        (III) engage in--

                            (aa) joint ventures, teaming arrangements, and
                        mergers and acquisitions; or
                            (bb) large-scale transactions in global
                        markets;
                    (ii) supporting minority business enterprises in
                increasing the size of the workforces of those enterprises,
                including, with respect to a minority business enterprise
                that does not have employees, aiding the minority business
                enterprise in becoming an enterprise that has employees;
                and
                    (iii) advocating for minority business enterprises; and
            (2) the budget and corresponding budget narrative that the
        eligible entity will use in carrying out subsection (a) during the
        term of the applicable MBDA Business Center agreement.
        (f) Notification.--If the Under Secretary grants an application of
    an eligible entity submitted under subsection (e), the Under Secretary
    shall notify the eligible entity that the application has been granted
    not later than 150 days after the last day on which an application may
    be submitted under that subsection.
        (g) Program Examination; Accreditation; Extensions.--
            (1) Examination.--Not later than 180 days after the date of
        enactment of this Act, and biennially thereafter, the Under
        Secretary shall conduct a programmatic financial examination of
        each Center.
            (2) Accreditation.--The Under Secretary may provide financial
        support, by contract or otherwise, to an association, not less than
        51 percent of the members of which are Centers, to--
                (A) pursue matters of common concern with respect to
            Centers; and
                (B) develop an accreditation program with respect to
            Centers.
            (3) Extensions.--
                (A) In general.--The Under Secretary may extend the term
            under subsection (b) of an MBDA Business Center agreement to
            which a Center is a party, if the Center consents to the
            extension.
                (B) Financial assistance.--If the Under Secretary extends
            the term of an MBDA Business Center agreement under paragraph
            (1), the Under Secretary shall, in the same manner and amount
            in which financial assistance was provided during the initial
            term of the agreement, provide financial assistance under the
            agreement during the extended term of the agreement.
        (h) MBDA Involvement.--The Under Secretary may take actions to
    ensure that the Agency is substantially involved in the activities of
    Centers in carrying out subsection (a), including by--
            (1) providing to each Center training relating to the MBDA
        Business Center Program;
            (2) requiring that the operator and staff of each Center--
                (A) attend--
                    (i) a conference with the Agency to establish the
                services and programs that the Center will provide in
                carrying out the requirements before the date on which the
                Center begins providing those services and programs; and
                    (ii) training provided under paragraph (1);
                (B) receive necessary guidance relating to carrying out the
            requirements under subsection (a); and
                (C) work in coordination and collaboration with the Under
            Secretary to carry out the MBDA Business Center Program and
            other programs of the Agency;
            (3) facilitating connections between Centers and--
                (A) Federal agencies other than the Agency, as appropriate;
            and
                (B) other institutions or entities that use Federal
            resources, such as--
                    (i) small business development centers, as that term is
                defined in section 3(t) of the Small Business Act (15
                U.S.C. 632(t));
                    (ii) women's business centers described in section 29
                of the Small Business Act (15 U.S.C. 656);
                    (iii) eligible entities, as that term is defined in
                section 2411 of title 10, United States Code, that provide
                services under the program carried out under chapter 142 of
                that title; and
                    (iv) entities participating in the Hollings
                Manufacturing Extension Partnership Program established
                under section 25 of the National Institute of Standards and
                Technology Act (15 U.S.C. 278k);
            (4) monitoring projects carried out by each Center; and
            (5) establishing and enforcing administrative and reporting
        requirements for each Center to carry out subsection (a).
        (i) Regulations.--The Under Secretary shall issue and publish
    regulations that establish minimum standards regarding verification of
    minority business enterprise status for clients of entities operating
    under the MBDA Business Center Program.
    SEC. 100115. MINIMIZING DISRUPTIONS TO EXISTING MBDA BUSINESS CENTER
    PROGRAM.
        The Under Secretary shall ensure that each Federal assistance award
    made under the Business Centers program of the Agency, as is in effect
    on the day before the date of enactment of this Act, is carried out in
    a manner that, to the greatest extent practicable, prevents disruption
    of any activity carried out under that award.
    SEC. 100116. PUBLICITY.
        In carrying out the MBDA Business Center Program, the Under
    Secretary shall widely publicize the MBDA Business Center Program,
    including--
            (1) on the website of the Agency;
            (2) via social media outlets; and
            (3) by sharing information relating to the MBDA Business Center
        Program with community-based organizations, including
        interpretation groups where necessary, to communicate in the most
        common languages spoken by the groups served by those
        organizations.

     TITLE II--NEW INITIATIVES TO PROMOTE ECONOMIC RESILIENCY FOR MINORITY
                                   BUSINESSES

    SEC. 100201. ANNUAL DIVERSE BUSINESS FORUM ON CAPITAL FORMATION.
        (a) Responsibility of Agency.--Not later than 18 months after the
    date of enactment of this Act, and annually thereafter, the Under
    Secretary shall conduct a Government-business forum to review the
    current status of problems and programs relating to capital formation
    by minority business enterprises.
        (b) Participation in Forum Planning.--The Under Secretary shall
    invite the heads of other Federal agencies, such as the Chairman of the
    Securities and Exchange Commission, the Secretary of the Treasury, and
    the Chairman of the Board of Governors of the Federal Reserve System,
    organizations representing State securities commissioners,
    representatives of leading minority chambers of commerce, not less than
    1 certified owner of a minority business enterprise, business
    organizations, and professional organizations concerned with capital
    formation to participate in the planning of each forum conducted under
    subsection (a).
        (c) Preparation of Statements and Reports.--
            (1) Requests.--The Under Secretary may request that any head of
        a Federal agency, department, or organization, including those
        described in subsection (b), or any other group or individual,
        prepare a statement or report to be delivered at any forum
        conducted under subsection (a).
            (2) Cooperation.--Any head of a Federal agency, department, or
        organization who receives a request under paragraph (1) shall, to
        the greatest extent practicable, cooperate with the Under Secretary
        to fulfill that request.
        (d) Transmittal of Proceedings and Findings.--The Under Secretary
    shall--
            (1) prepare a summary of the proceedings of each forum
        conducted under subsection (a), which shall include the findings
        and recommendations of the forum; and
            (2) transmit the summary described in paragraph (1) with
        respect to each forum conducted under subsection (a) to--
                (A) the participants in the forum;
                (B) Congress; and
                (C) the public, through a publicly available website.
        (e) Review of Findings and Recommendations; Public Statements.--
            (1) In general.--A Federal agency to which a finding or
        recommendation described in subsection (d)(1) relates shall--
                (A) review that finding or recommendation; and
                (B) promptly after the finding or recommendation is
            transmitted under subsection (d)(2)(C), issue a public
            statement--
                    (i) assessing the finding or recommendation; and
                    (ii) disclosing the action, if any, the Federal agency
                intends to take with respect to the finding or
                recommendation.
            (2) Joint statement permitted.--If a finding or recommendation
        described in subsection (d)(1) relates to more than 1 Federal
        agency, the applicable Federal agencies may, for the purposes of
        the public statement required under paragraph (1)(B), issue a joint
        statement.
    SEC. 100202. AGENCY STUDY ON ALTERNATIVE FINANCING SOLUTIONS.
        (a) Purpose.--The purpose of this section is to provide information
    relating to alternative financing solutions to minority business
    enterprises, as those business enterprises are more likely to struggle
    in accessing, particularly at affordable rates, traditional sources of
    capital.
        (b) Study and Report.--Not later than 1 year after the date of
    enactment of this Act, the Under Secretary shall--
            (1) conduct a study on opportunities for providing alternative
        financing solutions to minority business enterprises; and
            (2) submit to Congress, and publish on the website of the
        Agency, a report describing the findings of the study carried out
        under paragraph (1).
    SEC. 100203. EDUCATIONAL DEVELOPMENT RELATING TO MANAGEMENT AND
    ENTREPRENEURSHIP.
        (a) Duties.--The Under Secretary shall, whenever the Under
    Secretary determines such action is necessary or appropriate--
            (1) promote the education and training of socially or
        economically disadvantaged individuals in subjects directly
        relating to business administration and management;
            (2) encourage institutions of higher education, leaders in
        business and industry, and other public sector entities and private
        sector entities, particularly minority business enterprises, to--
                (A) develop programs to offer scholarships and fellowships,
            apprenticeships, and internships relating to business to
            socially or economically disadvantaged individuals; and
                (B) sponsor seminars, conferences, and similar activities
            relating to business for the benefit of socially or
            economically disadvantaged individuals;
            (3) stimulate and accelerate curriculum design and improvement
        in support of development of minority business enterprises; and
            (4) encourage and assist private institutions and organizations
        and public sector entities to undertake activities similar to the
        activities described in paragraphs (1), (2), and (3).
        (b) Parren J. Mitchell Entrepreneurship Education Grants.--
            (1) Definition.--In this subsection, the term ``eligible
        institution'' means an institution of higher education described in
        any of paragraphs (1) through (7) of section 371(a) of the Higher
        Education Act of 1965 (20 U.S.C. 1067q(a)).
            (2) Grants.--The Under Secretary shall award grants to eligible
        institutions to develop and implement entrepreneurship curricula.
            (3) Requirements.--An eligible institution to which a grant is
        awarded under this subsection shall use the grant funds to--
                (A) develop a curriculum that includes training in various
            skill sets needed by contemporary successful entrepreneurs,
            including--
                    (i) business management and marketing;
                    (ii) financial management and accounting;
                    (iii) market analysis;
                    (iv) competitive analysis;
                    (v) innovation;
                    (vi) strategic and succession planning;
                    (vii) marketing;
                    (viii) general management;
                    (ix) technology and technology adoption;
                    (x) leadership; and
                    (xi) human resources; and
                (B) implement the curriculum developed under subparagraph
            (A) at the eligible institution.
            (4) Implementation timeline.--The Under Secretary shall
        establish and publish a timeline under which an eligible
        institution to which a grant is awarded under this section shall
        carry out the requirements under paragraph (3).
            (5) Reports.--Each year, the Under Secretary shall submit to
        all applicable committees of Congress, and as part of the annual
        budget submission of the President under section 1105(a) of title
        31, United States Code, a report evaluating the awarding and use of
        grants under this subsection during the fiscal year immediately
        preceding the fiscal year in which the report is submitted, which
        shall include, with respect to the fiscal year covered by the
        report--
                (A) a description of each curriculum developed and
            implemented under each grant awarded under this section;
                (B) the date on which each grant awarded under this section
            was awarded; and
                (C) the number of eligible entities that were recipients of
            grants awarded under this section.

               TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

    SEC. 100301. DEFINITIONS.
        In this title:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                (A) the Committee on Commerce, Science, and Transportation
            of the Senate; and
                (B) the Committee on Financial Services of the House of
            Representatives.
            (2) Eligible entity.--The term ``eligible entity'' means--
                (A) a minority-serving institution; or
                (B) a consortium of institutions of higher education that
            is led by a minority-serving institution.
            (3) MBDA rural business center.--The term ``MBDA Rural Business
        Center'' means an MBDA Business Center that provides technical
        business assistance to minority business enterprises located in
        rural areas.
            (4) MBDA rural business center agreement.--The term ``MBDA
        Rural Business Center agreement'' means an MBDA Business Center
        agreement that establishes the terms by which the recipient of the
        Federal assistance award that is the subject of the agreement shall
        operate an MBDA Rural Business Center.
            (5) Minority-serving institution.--The term ``minority-serving
        institution'' means an institution described in any of paragraphs
        (1) through (7) of section 371(a) of the Higher Education Act of
        1965 (20 U.S.C. 1067q(a)).
            (6) Rural area.--The term ``rural area'' has the meaning given
        the term in section 343(a) of the Consolidated Farm and Rural
        Development Act (7 U.S.C. 1991(a)).
            (7) Rural minority business enterprise.--The term ``rural
        minority business enterprise'' means a minority business enterprise
        located in a rural area.
    SEC. 100302. BUSINESS CENTERS.
        (a) In General.--The Under Secretary may establish MBDA Rural
    Business Centers.
        (b) Partnership.--
            (1) In general.--With respect to an MBDA Rural Business Center
        established by the Under Secretary, the Under Secretary shall
        establish the MBDA Rural Business Center in partnership with an
        eligible entity in accordance with paragraph (2).
            (2) MBDA agreement.--
                (A) In general.--With respect to each MBDA Rural Business
            Center established by the Under Secretary, the Under Secretary
            shall enter into a cooperative agreement with an eligible
            entity that provides that--
                    (i) the eligible entity shall provide space,
                facilities, and staffing for the MBDA Rural Business
                Center;
                    (ii) the Under Secretary shall provide funding for, and
                oversight with respect to, the MBDA Rural Business Center;
                and
                    (iii) subject to subparagraph (B), the eligible entity
                shall match 20 percent of the amount of the funding
                provided by the Under Secretary under clause (ii), which
                may be calculated to include the costs of providing the
                space, facilities, and staffing under clause (i).
                (B) Lower match requirement.--Based on the available
            resources of an eligible entity, the Under Secretary may enter
            into a cooperative agreement with the eligible entity that
            provides that--
                    (i) the eligible entity shall match less than 20
                percent of the amount of the funding provided by the Under
                Secretary under subparagraph (A)(ii); or
                    (ii) if the Under Secretary makes a determination, upon
                a demonstration by the eligible entity of substantial need,
                the eligible entity shall not be required to provide any
                match with respect to the funding provided by the Under
                Secretary under subparagraph (A)(ii).
                (C) Eligible funds.--An eligible entity may provide
            matching funds required under an MBDA Rural Business Center
            agreement with Federal funds received from other Federal
            programs.
            (3) Term.--The initial term of an MBDA Rural Business Center
        agreement shall be not less than 3 years.
            (4) Extension.--The Under Secretary and an eligible entity may
        agree to extend the term of an MBDA Rural Business Center agreement
        with respect to an MBDA Rural Business Center.
        (c) Functions.--An MBDA Rural Business Center shall--
            (1) primarily serve clients that are--
                (A) rural minority business enterprises; or
                (B) minority business enterprises that are located more
            than 50 miles from an MBDA Business Center (other than that
            MBDA Rural Business Center);
            (2) focus on--
                (A) issues relating to--
                    (i) the adoption of broadband internet access service
                (as defined in section 8.1(b) of title 47, Code of Federal
                Regulations, or any successor regulation), digital literacy
                skills, and e-commerce by rural minority business
                enterprises;
                    (ii) advanced manufacturing;
                    (iii) the promotion of manufacturing in the United
                States;
                    (iv) ways in which rural minority business enterprises
                can meet gaps in the supply chain of critical supplies and
                essential goods and services for the United States;
                    (v) improving the connectivity of rural minority
                business enterprises through transportation and logistics;
                    (vi) promoting trade and export opportunities by rural
                minority business enterprises;
                    (vii) securing financial capital;
                    (viii) facilitating entrepreneurship in rural areas;
                and
                    (ix) creating jobs in rural areas; and
                (B) any other issue relating to the unique challenges faced
            by rural minority business enterprises; and
            (3) provide education, training, and legal, financial, and
        technical assistance to minority business enterprises.
        (d) Applications.--
            (1) In general.--Not later than 90 days after the date of
        enactment of this Act, the Under Secretary shall issue a Notice of
        Funding Opportunity requesting applications from eligible entities
        that desire to enter into MBDA Rural Business Center agreements.
            (2) Criteria and priority.--In selecting an eligible entity
        with which to enter into an MBDA Rural Business Center agreement,
        the Under Secretary shall--
                (A) select an eligible entity that demonstrates--
                    (i) the ability to collaborate with governmental and
                private sector entities to leverage capabilities of
                minority business enterprises through public-private
                partnerships;
                    (ii) the research and extension capacity to support
                minority business enterprises;
                    (iii) knowledge of the community that the eligible
                entity serves and the ability to conduct effective outreach
                to that community to advance the goals of an MBDA Rural
                Business Center;
                    (iv) the ability to provide innovative business
                solutions, including access to contracting opportunities,
                markets, and capital;
                    (v) the ability to provide services that advance the
                development of science, technology, engineering, and math
                jobs within minority business enterprises;
                    (vi) the ability to leverage resources from within the
                eligible entity to advance an MBDA Rural Business Center;
                    (vii) that the mission of the eligible entity aligns
                with the mission of the Agency;
                    (viii) the ability to leverage relationships with rural
                minority business enterprises; and
                    (ix) a referral relationship with not less than 1
                community-based organization; and
                (B) give priority to an eligible entity that--
                    (i) is located in a State or region that has a
                significant population of socially or economically
                disadvantaged individuals;
                    (ii) has a history of serving socially or economically
                disadvantaged individuals; or
                    (iii) in the determination of the Under Secretary, has
                not received an equitable allocation of land and financial
                resources under--

                        (I) the Act of July 2, 1862 (commonly known as the
                    ``First Morrill Act'') (12 Stat. 503, chapter 130; 7
                    U.S.C. 301 et seq.); or
                        (II) the Act of August 30, 1890 (commonly known as
                    the ``Second Morrill Act'') (26 Stat. 417, chapter 841;
                    7 U.S.C. 321 et seq.).

            (3) Considerations.--In determining whether to enter into an
        MBDA Rural Business Center agreement with an eligible entity under
        this section, the Under Secretary shall consider the needs of the
        eligible entity.
    SEC. 100303. REPORT TO CONGRESS.
        Not later than 1 year after the date of enactment of this Act, the
    Under Secretary shall submit to the appropriate congressional
    committees a report that includes--
            (1) a summary of the efforts of the Under Secretary to provide
        services to minority business enterprises located in States that
        lack an MBDA Business Center, as of the date of enactment of this
        Act, and especially in those States that have significant minority
        populations; and
            (2) recommendations for extending the outreach of the Agency to
        underserved areas.
    SEC. 100304. STUDY AND REPORT.
        (a) In General.--The Under Secretary, in coordination with relevant
    leadership of the Agency and relevant individuals outside of the
    Department of Commerce, shall conduct a study that addresses the ways
    in which minority business enterprises can meet gaps in the supply
    chain of the United States, with a particular focus on the supply chain
    of advanced manufacturing and essential goods and services.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Under Secretary shall submit to the appropriate
    congressional committees a report that includes the results of the
    study conducted under subsection (a), which shall include
    recommendations regarding the ways in which minority business
    enterprises can meet gaps in the supply chain of the United States.

                 TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

    SEC. 100401. GRANTS TO NONPROFIT ORGANIZATIONS THAT SUPPORT MINORITY
    BUSINESS ENTERPRISES.
        (a) Definition.--In this section, the term ``covered entity'' means
    a private nonprofit organization that--
            (1) is described in paragraph (3), (4), (5), or (6) of section
        501(c) of the Internal Revenue Code of 1986 and exempt from tax
        under section 501(a) of such Code; and
            (2) can demonstrate that a primary activity of the organization
        is to provide services to minority business enterprises, whether
        through education, making grants or loans, or other similar
        activities.
        (b) Purpose.--The purpose of this section is to make grants to
    covered entities to help those covered entities continue the necessary
    work of supporting minority business enterprises.
        (c) Designation of Office.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Under Secretary shall designate an
        office to make and administer grants under this section.
            (2) Considerations.--In designating an office under paragraph
        (1), the Under Secretary shall ensure that the office designated
        has adequate staffing to carry out the responsibilities of the
        office under this section.
        (d) Application.--A covered entity desiring a grant under this
    section shall submit to the Under Secretary an application at such
    time, in such manner, and containing such information as the Under
    Secretary may require.
        (e) Priority.--The Under Secretary shall, in carrying out this
    section, prioritize granting an application submitted by a covered
    entity that is located in a federally recognized area of economic
    distress.
        (f) Use of Funds.--A covered entity to which a grant is made under
    this section may use the grant funds to support the development,
    growth, or retention of minority business enterprises.
        (g) Procedures.--The Under Secretary shall establish procedures
    to--
            (1) discourage and prevent waste, fraud, and abuse by
        applicants for, and recipients of, grants made under this section;
        and
            (2) ensure that grants are made under this section to a diverse
        array of covered entities, which may include--
                (A) covered entities with a national presence;
                (B) community-based covered entities;
                (C) covered entities with annual budgets below $1,000,000;
            or
                (D) covered entities that principally serve low-income and
            rural communities.
        (h) Inspector General Audit.--Not later than 180 days after the
    date on which the Under Secretary begins making grants under this
    section, the Inspector General of the Department of Commerce shall--
            (1) conduct an audit of grants made under this section, which
        shall seek to identify any discrepancies or irregularities with
        respect to those grants; and
            (2) submit to Congress a report regarding the audit conducted
        under paragraph (1).
        (i) Updates to Congress.--Not later than 90 days after the date on
    which the Under Secretary makes the designation required under
    subsection (c), and once every 30 days thereafter, the Under Secretary
    shall submit to Congress a report that contains--
            (1) the number of grants made under this section during the
        period covered by the report; and
            (2) with respect to the grants described in paragraph (1)--
                (A) the geographic distribution of those grants by State
            and county;
                (B) if applicable, demographic information with respect to
            the minority business enterprises served by the covered
            entities to which the grants were made; and
                (C) information regarding the industries of the minority
            business enterprises served by the covered entities to which
            the grants were made.

            TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

    SEC. 100501. PURPOSE.
        The Under Secretary shall establish the Minority Business
    Enterprises Advisory Council (referred to in this title as the
    ``Council'') to advise and assist the Agency.
    SEC. 100502. COMPOSITION AND TERM.
        (a) Composition.--The Council shall be composed of 9 members of the
    private sector and 1 representative from each of not fewer than 10
    Federal agencies that support or otherwise have duties that relate to
    business formation, including duties relating to labor development,
    monetary policy, national security, energy, agriculture,
    transportation, and housing.
        (b) Chair.--The Under Secretary shall designate 1 of the private
    sector members of the Council as the Chair of the Council for a 1-year
    term.
        (c) Term.--The Council shall meet at the request of the Under
    Secretary and members shall serve for a term of 2 years. Members of the
    Council may be reappointed.
    SEC. 100503. DUTIES.
        (a) In General.--The Council shall provide advice to the Under
    Secretary by--
            (1) serving as a source of knowledge and information on
        developments in areas of the economic and social life of the United
        States that affect socially or economically disadvantaged business
        concerns;
            (2) providing the Under Secretary with information regarding
        plans, programs, and activities in the public and private sectors
        that relate to socially or economically disadvantaged business
        concerns; and
            (3) advising the Under Secretary regarding--
                (A) any measures to better achieve the objectives of this
            division; and
                (B) problems and matters the Under Secretary refers to the
            Council.
        (b) Capacity.--Members of the Council shall not be compensated for
    service on the Council but may be allowed travel expenses, including
    per diem in lieu of subsistence, in accordance with subchapter I of
    chapter 57 of title 5, United States Code.
        (c) Termination.--Notwithstanding section 14 of the Federal
    Advisory Committee Act (5 U.S.C. App.), the Council shall terminate on
    the date that is 5 years after the date of enactment of this Act.

          TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

    SEC. 100601. GENERAL DUTIES.
        The Under Secretary may coordinate, as consistent with law, the
    plans, programs, and operations of the Federal Government that affect,
    or may contribute to, the establishment, preservation, and
    strengthening of socially or economically disadvantaged business
    concerns.
    SEC. 100602. PARTICIPATION OF FEDERAL DEPARTMENTS AND AGENCIES.
        The Under Secretary shall--
            (1) consult with other Federal agencies and departments as
        appropriate to--
                (A) develop policies, comprehensive plans, and specific
            program goals for the programs carried out under subtitle B of
            title I and title III;
                (B) establish regular performance monitoring and reporting
            systems to ensure that goals established by the Under Secretary
            with respect to the implementation of this division are being
            achieved; and
                (C) evaluate the impact of Federal support of socially or
            economically disadvantaged business concerns in achieving the
            objectives of this division;
            (2) conduct a coordinated review of all proposed Federal
        training and technical assistance activities in direct support of
        the programs carried out under subtitle B of title I and title III
        to ensure consistency with program goals and to avoid duplication;
        and
            (3) convene, for purposes of coordination, meetings of the
        heads of such Federal agencies and departments, or their designees,
        the programs and activities of which may affect or contribute to
        the carrying out of this division.

         TITLE VII--ADMINISTRATIVE POWERS OF THE AGENCY; MISCELLANEOUS
                                   PROVISIONS

    SEC. 100701. ADMINISTRATIVE POWERS.
        (a) In General.--In carrying out this division, the Under Secretary
    may--
            (1) adopt and use a seal for the Agency, which shall be
        judicially noticed;
            (2) hold hearings, sit and act, and take testimony as the Under
        Secretary may determine to be necessary or appropriate to carry out
        this division;
            (3) acquire, in any lawful manner, any property that the Under
        Secretary determines to be necessary or appropriate to carry out
        this division;
            (4) with the consent of another Federal agency, enter into an
        agreement with that Federal agency to utilize, with or without
        reimbursement, any service, equipment, personnel, or facility of
        that Federal agency;
            (5) coordinate with the heads of the Offices of Small and
        Disadvantaged Business Utilization of Federal agencies;
            (6) develop procedures under which the Under Secretary may
        evaluate the compliance of a recipient of assistance under this Act
        with the requirements of this Act;
            (7) deobligate assistance provided under this Act to a
        recipient that has demonstrated an insufficient level of
        performance with respect to the assistance, or has engaged in
        wasteful or fraudulent spending; and
            (8) provide that a recipient of assistance under this Act that
        has demonstrated an insufficient level of performance with respect
        to the assistance, or has engaged in wasteful or fraudulent
        spending, shall be ineligible to receive assistance under this Act
        for a period determined by the Under Secretary, consistent with the
        considerations under section 180.865 of title 2, Code of Federal
        Regulations (or any successor regulation), beginning on the date on
        which the Under Secretary makes the applicable finding.
        (b) Use of Property.--
            (1) In general.--Subject to paragraph (2), in carrying out this
        division, the Under Secretary may, without cost (except for costs
        of care and handling), allow any public sector entity, or any
        recipient nonprofit organization, for the purpose of the
        development of minority business enterprises, to use any real or
        tangible personal property acquired by the Agency in carrying out
        this division.
            (2) Terms, conditions, reservations, and restrictions.--The
        Under Secretary may impose reasonable terms, conditions,
        reservations, and restrictions upon the use of any property under
        paragraph (1).
    SEC. 100702. FEDERAL ASSISTANCE.
        (a) In General.--
            (1) Provision of federal assistance.--To carry out sections
        ___101, ___102, and ___103(a), the Under Secretary may provide
        Federal assistance to public sector entities and private sector
        entities in the form of grants or cooperative agreements.
            (2) Notice.--Not later than 120 days after the date on which
        amounts are appropriated to carry out this section, the Under
        Secretary shall, in accordance with subsection (b), broadly publish
        a statement regarding Federal assistance that will, or may, be
        provided under paragraph (1) during the fiscal year for which those
        amounts are appropriated, including--
                (A) the actual, or anticipated, amount of Federal
            assistance that will, or may, be made available;
                (B) the types of Federal assistance that will, or may, be
            made available;
                (C) the manner in which Federal assistance will be
            allocated among public sector entities and private sector
            entities, as applicable; and
                (D) the methodology used by the Under Secretary to make
            allocations under subparagraph (C).
            (3) Consultation.--The Under Secretary shall consult with
        public sector entities and private sector entities, as applicable,
        in deciding the amounts and types of Federal assistance to make
        available under paragraph (1).
        (b) Publicity.--In carrying out this section, the Under Secretary
    shall broadly publicize all opportunities for Federal assistance
    available under this section, including through the means required
    under section ___116.
    SEC. 100703. RECORDKEEPING.
        (a) In General.--Each recipient of assistance under this division
    shall keep such records as the Under Secretary shall prescribe,
    including records that fully disclose, with respect to the assistance
    received by the recipient under this division--
            (1) the amount and nature of that assistance;
            (2) the disposition by the recipient of the proceeds of that
        assistance;
            (3) the total cost of the undertaking for which the assistance
        is given or used;
            (4) the amount and nature of the portion of the cost of the
        undertaking described in paragraph (3) that is supplied by a source
        other than the Agency;
            (5) the return on investment, as defined by the Under
        Secretary; and
            (6) any other record that will facilitate an effective audit
        with respect to the assistance.
        (b) Access by Government Officials.--The Under Secretary, the
    Inspector General of the Department of Commerce, and the Comptroller
    General of the United States, or any duly authorized representative of
    any such individual, shall have access, for the purpose of audit,
    investigation, and examination, to any book, document, paper, record,
    or other material of the Agency or an MBDA Business Center.
    SEC. 100704. REVIEW AND REPORT BY COMPTROLLER GENERAL.
        Not later than 4 years after the date of enactment of this Act, the
    Comptroller General of the United States shall--
            (1) conduct a thorough review of the programs carried out under
        this division; and
            (2) submit to Congress a detailed report of the findings of the
        Comptroller General of the United States under the review carried
        out under paragraph (1), which shall include--
                (A) an evaluation of the effectiveness of the programs in
            achieving the purposes of this division;
                (B) a description of any failure by any recipient of
            assistance under this division to comply with the requirements
            under this division; and
                (C) recommendations for any legislative or administrative
            action that should be taken to improve the achievement of the
            purposes of this division.
    SEC. 100705. BIANNUAL REPORTS; RECOMMENDATIONS.
        (a) Biannual Report.--Not later than 1 year after the date of
    enactment of this Act, and 90 days after the last day of each odd-
    numbered year thereafter, the Under Secretary shall submit to Congress,
    and publish on the website of the Agency, a report of each activity of
    the Agency carried out under this division during the period covered by
    the report.
        (b) Recommendations.--The Under Secretary shall periodically submit
    to Congress and the President recommendations for legislation or other
    actions that the Under Secretary determines to be necessary or
    appropriate to promote the purposes of this division.
    SEC. 100706. SEPARABILITY.
        If a provision of this division, or the application of a provision
    of this division to any person or circumstance, is held by a court of
    competent jurisdiction to be invalid, that judgment--
            (1) shall not affect, impair, or invalidate--
                (A) any other provision of this division; or
                (B) the application of this division to any other person or
            circumstance; and
            (2) shall be confined in its operation to--
                (A) the provision of this division with respect to which
            the judgment is rendered; or
                (B) the application of the provision of this division to
            each person or circumstance directly involved in the
            controversy in which the judgment is rendered.
    SEC. 100707. EXECUTIVE ORDER 11625.
        The powers and duties of the Agency shall be determined--
            (1) in accordance with this division and the requirements of
        this division; and
            (2) without regard to Executive Order 11625 (36 Fed. Reg.
        19967; relating to prescribing additional arrangements for
        developing and coordinating a national program for minority
        business enterprise).
    SEC. 100708. AUTHORIZATION OF APPROPRIATIONS.
        There are authorized to be appropriated to the Under Secretary
    $110,000,000 for each of fiscal years 2021 through 2025 to carry out
    this division, of which--
            (1) a majority shall be used in each such fiscal year to carry
        out the MBDA Business Center Program under subtitle B of title I,
        including the component of that program relating to specialty
        centers; and
            (2) $20,000,000 shall be used in each such fiscal year to carry
        out title III.

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.