[Congressional Record Volume 167, Number 136 (Sunday, August 1, 2021)]
[Senate]
[Pages S5247-S5528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2130. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENIOR CORPS DISTANCE VOLUNTEERING.

       (a) Short Title.--This section may be cited as the ``Senior 
     Corps Distance Volunteering Act''.
       (b) Online Service Platform.--Title IV of the Domestic 
     Volunteer Service Act of 1973 is amended--
       (1) by redesignating section 421 (42 U.S.C. 5061) as 
     section 401;
       (2) by moving that section 401 so as to follow the title 
     heading for title IV; and
       (3) by inserting after section 420 (42 U.S.C. 5059) the 
     following:

     ``SEC. 421. ONLINE SERVICE PLATFORM.

       ``(a) Definition.--In this section, the term `COVID-19 
     public health emergency period' means the period of the 
     public health emergency declared by the Secretary of Health 
     and Human Services under section 319 of the Public Health 
     Service Act (42 U.S.C. 247d) on January 31, 2020, with 
     respect to COVID-19.
       ``(b) Establishment.--Not later than 30 days after the date 
     of enactment of the Senior Corps Distance Volunteering Act, 
     the Chief Executive Officer of the Corporation shall 
     establish an online service platform to connect volunteers in 
     the National Senior Service Corps with service projects, and 
     enable the volunteers to carry out distance volunteering on 
     an online network. The platform shall be linked to and placed 
     prominently on the website of the Corporation. The 
     Corporation may enter into a contract with a public entity to 
     create the platform.
       ``(c) Information and Guidance.--
       ``(1) Information.--The Corporation shall provide 
     information to regional offices of the Corporation about how 
     to get volunteers in the National Senior Service Corps 
     connected to the platform.
       ``(2) Guidance.--The Corporation shall issue guidance for 
     the regional offices about how to transfer the programs of 
     the National Senior Service Corps to the platform.
       ``(d) Outreach.--The Corporation shall provide outreach 
     services to promote the platform, including outreach to 
     institutions of higher education, the Department of Veterans 
     Affairs for mentorship projects, and State and local 
     governments for community engagement projects.
       ``(e) Report on Impact of Online Service Platform.--
       ``(1) Definition.--In this subsection, the term 
     `appropriate committees of Congress' means--
       ``(A) the Committee on Energy and Commerce of the House of 
     Representatives;
       ``(B) the Special Committee on Aging of the Senate;
       ``(C) the Committee on Health, Education, Labor, and 
     Pensions of the Senate; and
       ``(D) the Committee on Commerce, Science, and 
     Transportation of the Senate.
       ``(2) Report.--
       ``(A) Preparation.--The Corporation shall prepare a report 
     that--
       ``(i) describes the use of funds appropriated to carry out 
     this section, concerning the online service platform 
     described in subsection (b);
       ``(ii) describes the ways in which the platform has enabled 
     volunteers in the National Senior Service Corps, many of whom 
     are at higher risk for severe illness from COVID-19, to apply 
     their skills, knowledge, and expertise to directly serve the 
     community through distance volunteering by providing 
     assistance during the COVID-19 public health emergency 
     period;
       ``(iii) measures the number of volunteers in the National 
     Senior Service Corps volunteers who do, and the number of 
     such volunteers who do not, serve through the online service 
     platform, during the COVID-19 public health emergency period; 
     and
       ``(iv) assesses the impact of volunteers in the National 
     Senior Service Corps who do, and the number of such 
     volunteers who do not, serve through the online service 
     platform, during the COVID-19 public health emergency period.
       ``(B) Submission.--Not later than 1 year after the end of 
     the COVID-19 public health emergency period, the Corporation 
     shall submit the report to the appropriate committees of 
     Congress.
       ``(f) Recommendation.--Not later than 6 months after the 
     end of the COVID-19 public health emergency period, the Chief 
     Executive Officer of the Corporation shall submit a 
     recommendation to Congress regarding whether the Corporation 
     should continue to use the platform as a main resource for 
     connecting volunteers in the National Senior Service Corps 
     with service projects and enabling the volunteers to carry 
     out distance volunteering.''.
       (c) Emergency Appropriation.--The following sums are hereby 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2022, 
     and for other purposes, namely:

             Corporation for National and Community Service

                           operating expenses

       For an additional amount for ``Operating Expenses'', for 
     necessary expenses for the Corporation for National and 
     Community Service to carry out section 421 of the Domestic 
     Volunteer Service Act of 1973, $5,000,000:  Provided, That 
     the amount appropriated under this heading is designated by 
     Congress as being for an emergency requirement pursuant to 
     section 251(b)(2)(A)(i) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).
                                 ______
                                 
  SA 2131. Mr. CARPER (for himself and Mrs. Capito) submitted an 
amendment intended to be proposed by him to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1941, strike lines 7 through 11.
                                 ______
                                 
  SA 2132. Mr. ROUNDS (for himself, Ms. Smith, Mr. Warnock, Ms. Lummis, 
Ms. Baldwin, and Mr. Cramer) submitted an amendment intended to be 
proposed by him to the bill H.R. 3684, to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in division C, insert the 
     following:

     SEC. 300__. INCREASED FEDERAL SHARE OF OPERATING COSTS FOR 
                   CERTAIN AREAS.

       Section 5311(g)(2)(B) of title 49, United States Code, is 
     amended--
       (1) in the subparagraph heading, by striking ``Exception'' 
     and inserting ``Exceptions'';
       (2) by striking ``A State'' and inserting the following:
       ``(i) States with nontaxable indian lands or public domain 
     lands.--Subject to clause (ii), a State''; and
       (3) by adding at the end the following:
       ``(ii) Areas with particular needs.--

       ``(I) Definition.--In this clause, the term `area of 
     persistent poverty' means--

       ``(aa) any county in which not less than 20 percent of the 
     population has lived in poverty during the most recent 30-
     year period, as measured by--
       ``(AA) the second and third most recent decennial censuses; 
     and
       ``(BB) the Small Area Income and Poverty Estimates of the 
     Bureau of the Census for the most recent year for which the 
     Estimates are available; or
       ``(bb) any census tract with a poverty rate of not less 
     than 20 percent, as measured by most recent 5-year data 
     series available from the American Community Survey of the 
     Bureau of the Census.

       ``(II) Increased federal share.--A grant made under this 
     section for operating assistance to an operator of public 
     transportation that serves an area that meets 1 or more of 
     the criteria under subclause (III) shall be for 80 percent of 
     the net operating costs of the project, as determined by the 
     Secretary.
       ``(III) Criteria.--The criteria referred to in subclause 
     (II) are that an area--

       ``(aa) is an area of persistent poverty;
       ``(bb) is a county in which not less than 25 percent of 
     residents are age 65 or older, according to the most recent 
     5-year estimate of the American Community Survey of the 
     Bureau of the Census;
       ``(cc) is a county that, or is a county that includes a 
     site that--
       ``(AA) has been designated by the Secretary of Health and 
     Human Services as a health professional shortage area under 
     section 332(a) of the Public Health Service Act (42 U.S.C. 
     254e(a)) on the basis of a primary care or mental health care 
     shortage; and
       ``(BB) received a health professional shortage area score 
     for the most recent program year, with respect to primary 
     care or mental health care, that was not less than the lowest 
     minimum score, as designated by the Secretary of Health and 
     Human Services for that program year, necessary for the site 
     to be eligible for the assignment of National Health Service 
     Corps members providing primary care or mental health care, 
     respectively, for fulfillment of obligated service under the 
     National Health Service Corps Scholarship Program; or
       ``(dd) is a county with a population density of not more 
     than 20 persons per square mile of land area, based on the 
     most recent decennial census.''.
                                 ______
                                 
  SA 2133. Mr. PADILLA (for himself, Mr. Moran, Mr. Rounds, Mr. Schatz, 
Mrs. Feinstein, and Ms. Smith) submitted an amendment intended to be 
proposed by him to the bill H.R. 3684, to authorize funds for Federal-
aid highways, highway safety programs, and transit programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page S5248]]

  


     SEC. __. 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''.
                                 ______
                                 
  SA 2134. Mr. KING (for himself, Mr. Sasse, and Mr. Rounds) submitted 
an amendment intended to be proposed by him to the bill H.R. 3684, to 
authorize funds for Federal-aid highways, highway safety programs, and 
transit programs, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of title VI of division G, add the following:

         Subtitle C--National Cyber Resilience Assistance Fund

     SEC. 70621. ESTABLISHMENT OF THE NATIONAL CYBER RESILIENCE 
                   ASSISTANCE FUND.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the United States now operates in a cyber landscape 
     that requires a level of data security, resilience, and 
     trustworthiness that neither the United States Government nor 
     the private sector alone is currently equipped to provide;
       (2) the United States must deny benefits to adversaries who 
     have long exploited cyberspace to their advantage, to the 
     disadvantage of the United States, and at little cost to 
     themselves;
       (3) this new approach requires securing critical networks 
     in collaboration with the private sector to promote national 
     resilience and increase the security of the cyber ecosystem;
       (4) reducing the vulnerabilities adversaries can target 
     denies them opportunities to attack the interests of the 
     United States through cyberspace;
       (5) the public and private sectors struggle to coordinate 
     cyber defenses, leaving gaps that decrease national 
     resilience and create systemic risk;
       (6) new technology continues to emerge that further 
     compounds these challenges;
       (7) while the Homeland Security Grant Program and 
     resourcing for national preparedness under the Federal 
     Emergency Management Agency are well-established, the United 
     States Government has no equivalent for cybersecurity 
     preparation or prevention;
       (8) the lack of a consistent, resourced fund for investing 
     in resilience in key areas inhibits the United States 
     Government from conveying its understanding of risk into 
     strategy, planning, and action in furtherance of core 
     objectives for the security and resilience of critical 
     infrastructure;
       (9) the Federal Government must fundamentally shift the way 
     it invests in resilience and shift the focus away from 
     reactive disaster spending towards research-supported and 
     risk-driven proactive investment in critical infrastructure 
     cyber resilience;
       (10) Congress has worked diligently to establish the 
     Cybersecurity and Infrastructure Security Agency, creating a 
     new agency that can leverage broad authorities to receive and 
     share information, provide technical assistance to operators, 
     and partner with stakeholders across the executive branch, 
     State and local communities, and the private sector;
       (11) the Cybersecurity and Infrastructure Security Agency 
     requires strengthening in its mission to ensure the national 
     resilience of critical infrastructure, promote a more secure 
     cyber ecosystem, and serve as the central coordinating 
     element to support and integrate Federal, State, local, and 
     private-sector cybersecurity efforts; and
       (12) the Cybersecurity and Infrastructure Security Agency 
     requires further resource investment and clear authorities to 
     realize its full potential.
       (b) Amendments.--Subtitle A of title XXII of the Homeland 
     Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
       (1) in section 2202(c) (6 U.S.C. 652(c))--
       (A) in paragraph (11), by striking ``and'' at the end;
       (B) in the first paragraph designated as paragraph (12), 
     relating to the Cybersecurity State Coordinator--
       (i) by striking ``section 2215'' and inserting ``section 
     2217''; and
       (ii) by striking ``and'' at the end; and
       (C) by redesignating the second and third paragraphs 
     designated as paragraph (12) as paragraphs (13) and (14), 
     respectively;
       (2) by redesignating section 2218, as added by section 
     70612 of this Act, as section 2220A;
       (3) by redesignating section 2217 (6 U.S.C. 665f) as 
     section 2220;
       (4) by redesignating section 2216 (6 U.S.C. 665e) as 
     section 2219;
       (5) by redesignating the fourth section 2215 (relating to 
     Sector Risk Management Agencies) (6 U.S.C. 665d) as section 
     2218;
       (6) by redesignating the third section 2215 (relating to 
     the Cybersecurity State Coordinator) (6 U.S.C. 665c) as 
     section 2217;
       (7) by redesignating the second section 2215 (relating to 
     the Joint Cyber Planning Office) (6 U.S.C. 665b) as section 
     2216; and
       (8) by adding at the end the following:

     ``SEC. 2220B. NATIONAL CYBER RESILIENCE ASSISTANCE FUND.

       ``(a) Definitions.--In this section:
       ``(1) Cybersecurity risk.--The term `cybersecurity risk' 
     has the meaning given that term in section 2209.
       ``(2) Eligible entity.--The term `eligible entity' means an 
     entity that meets the guidelines and requirements for 
     eligible entities established by the Secretary under 
     subsection (d)(4).
       ``(3) Fund.--The term `Fund' means the National Cyber 
     Resilience Assistance Fund established under subsection (c).
       ``(4) National critical functions.--The term `national 
     critical functions' means the functions of government and the 
     private sector so vital to the United States that their 
     disruption, corruption, or dysfunction would have a 
     debilitating effect on security, national economic security, 
     national public health or safety, or any combination thereof.
       ``(b) Creation of a Critical Infrastructure Resilience 
     Strategy and a National Risk Management Cycle.--
       ``(1) Initial risk identification and assessment.--
       ``(A) In general.--The Secretary, acting through the 
     Director, shall establish a process by which to identify, 
     assess, and prioritize risks to critical infrastructure, 
     considering both cyber and physical threats, vulnerabilities, 
     and consequences.
       ``(B) Consultation.--In establishing the process required 
     under subparagraph (A), the Secretary shall consult with 
     Sector Risk Management Agencies, critical infrastructure 
     owners and operators, and the National Cyber Director.
       ``(C) Publication.--Not later than 180 days after the date 
     of enactment of this section, the Secretary shall publish in 
     the Federal Register procedures for the process established 
     under subparagraph (A).
       ``(D) Report.--Not later than 1 year after the date of 
     enactment of this section, the Secretary shall submit to the 
     President, the Committee on Homeland Security and 
     Governmental Affairs of the Senate, and the Committee on 
     Homeland Security of the House of Representatives a report on 
     the risks identified by the process established under 
     subparagraph (A).
       ``(2) Initial national critical infrastructure resilience 
     strategy.--
       ``(A) In general.--Not later than 1 year after the date on 
     which the Secretary delivers the report required under 
     paragraph (1)(D), the President shall deliver to majority and 
     minority leaders of the Senate, the Speaker and minority 
     leader of the House of Representatives, the Committee on 
     Homeland Security and Governmental Affairs of the Senate, and 
     the Committee on Homeland Security of the House of 
     Representatives a national critical infrastructure resilience 
     strategy designed to address the risks identified by the 
     Secretary.
       ``(B) Elements.--In the strategy delivered under 
     subparagraph (A), the President shall--
       ``(i) identify, assess, and prioritize areas of risk to 
     critical infrastructure that would compromise, disrupt, or 
     impede the ability of the critical infrastructure to support 
     the national critical functions of national security, 
     economic security, or public health and safety;
       ``(ii) identify and outline current and proposed national-
     level actions, programs, and efforts to be taken to address 
     the risks identified;
       ``(iii) identify the Federal departments or agencies 
     responsible for leading each national-level action, program, 
     or effort and the relevant critical infrastructure sectors 
     for each;
       ``(iv) outline the budget plan required to provide 
     sufficient resources to successfully execute the full range 
     of activities proposed or described by the strategy; and
       ``(v) request any additional authorities or resources 
     necessary to successfully execute the strategy.
       ``(C) Form.--The strategy delivered under subparagraph (A) 
     shall be unclassified, but may contain a classified annex.
       ``(3) Congressional briefing.--Not later than 1 year after 
     the date on which the President delivers the strategy under 
     subparagraph (A), and every year thereafter, the Secretary, 
     in coordination with Sector Risk Management Agencies, shall 
     brief the appropriate congressional committees on the 
     national risk management cycle activities undertaken pursuant 
     to the strategy.
       ``(4) Five year risk management cycle.--
       ``(A) Risk identification and assessment.--Under procedures 
     established by the Secretary, the Secretary shall repeat the 
     conducting and reporting of the risk identification and 
     assessment required under paragraph (1), in accordance with 
     the requirements in paragraph (1), every 5 years.
       ``(B) Strategy.--Under procedures established by the 
     President, the President shall repeat the preparation and 
     delivery of the critical infrastructure resilience strategy 
     required under paragraph (2), in accordance with the 
     requirements in paragraph (2), every 5 years, which shall 
     also include assessing the implementation of the previous 
     national critical infrastructure resilience strategy.
       ``(c) Establishment of the National Cyber Resilience 
     Assistance Fund.--There is established in the Treasury of the 
     United States a fund, to be known as the `National Cyber 
     Resilience Assistance Fund', which shall be available for the 
     cost of risk-based grant programs focused on systematically 
     increasing the resilience of public and private critical 
     infrastructure against cybersecurity risk, thereby increasing 
     the overall resilience of the United States.

[[Page S5249]]

       ``(d) Administration of Grants From the National Cyber 
     Resilience Assistance Fund.--
       ``(1) In general.--In accordance with this section, the 
     Secretary, acting through the Administrator of the Federal 
     Emergency Management Agency and the Director, shall develop 
     and administer processes to--
       ``(A) establish focused grant programs to address 
     identified areas of cybersecurity risk to, and bolster the 
     resilience of, critical infrastructure;
       ``(B) accept and evaluate applications for each such grant 
     program;
       ``(C) award grants under each such grant program; and
       ``(D) disburse amounts from the Fund.
       ``(2) Establishment of risk-focused grant programs.--
       ``(A) Establishment.--
       ``(i) In general.--The Secretary, acting through the 
     Director and the Administrator of the Federal Emergency 
     Management Agency, may establish not less than 1 grant 
     program focused on mitigating an identified category of 
     cybersecurity risk identified under the national risk 
     management cycle and critical infrastructure resilience 
     strategy under subsection (b) in order to bolster the 
     resilience of critical infrastructure within the United 
     States.
       ``(ii) Selection of focus area.--Before selecting a focus 
     area for a grant program pursuant to this subparagraph, the 
     Director shall ensure--

       ``(I) there is a clearly-defined cybersecurity risk 
     identified through the national risk management cycle and 
     critical infrastructure resilience strategy under subsection 
     (b) to be mitigated;
       ``(II) market forces do not provide sufficient private-
     sector incentives to mitigate the risk without Government 
     investment; and
       ``(III) there is clear Federal need, role, and 
     responsibility to mitigate the risk in order to bolster the 
     resilience of critical infrastructure.

       ``(B) Funding.--
       ``(i) Recommendation.--Beginning in the first fiscal year 
     following the establishment of the Fund and each fiscal year 
     thereafter, the Director shall--

       ``(I) assess the funds available in the Fund for the fiscal 
     year; and
       ``(II) recommend to the Secretary the total amount to be 
     made available from the Fund under each grant program 
     established under this subsection.

       ``(ii) Allocation.--After considering the recommendations 
     made by the Director under clause (i) for a fiscal year, the 
     Director shall allocate amounts from the Fund to each active 
     grant program established under this subsection for the 
     fiscal year.
       ``(3) Use of funds.--
       ``(A) In general.--Amounts in the Fund shall be used to 
     proactively mitigate risks identified through the national 
     risk management cycle and critical infrastructure resilience 
     strategy under subsection (b) before cyber incidents occur, 
     through activities such as--
       ``(i) proactive vulnerability assessments and mitigation;
       ``(ii) defrayal of costs to invest in backup systems 
     critical to mitigating national or economic security risks, 
     as determined by the Federal Government, with cost-sharing 
     from the recipient entity in accordance with subparagraph 
     (B);
       ``(iii) defrayal of costs to invest in replacing vulnerable 
     systems and assets critical to mitigating national or 
     economic security risks, as determined by the Federal 
     Government, with more secure alternatives with cost-sharing 
     from the recipient entity in accordance with subparagraph 
     (B);
       ``(iv) grants to nonprofit entities to develop publicly 
     available low-cost or no-cost cybersecurity tools for small-
     sized and medium-sized entities;
       ``(v) proactive threat detection and hunting; and
       ``(vi) network protections.
       ``(B) Federal share.--The Federal share of the cost of an 
     activity described in clause (ii) or (iii) of subparagraph 
     (A) carried out using funds made available under this section 
     may not exceed--
       ``(i) for fiscal year 2022, 90 percent;
       ``(ii) for fiscal year 2023, 80 percent;
       ``(iii) for fiscal year 2024, 70 percent;
       ``(iv) for fiscal year 2025, 60 percent; and
       ``(v) for fiscal year 2026, and each fiscal year 
     thereafter, 50 percent.
       ``(4) Eligible entities.--
       ``(A) Guidelines and requirements.--
       ``(i) In general.--In accordance with clause (ii), the 
     Secretary shall submit to the Committee on Homeland Security 
     and Governmental Affairs and the Committee on Appropriations 
     of the Senate and the Committee on Homeland Security and the 
     Committee on Appropriations of the House of Representatives a 
     set of guidelines and requirements for determining the 
     entities that are eligible entities.
       ``(ii) Deadlines.--The Secretary shall submit the 
     guidelines and requirements under clause (i)--

       ``(I) not later than 180 days after the date of enactment 
     of this section, and every 2 years thereafter; and
       ``(II) not later than 90 days before the date on which the 
     Secretary implements the guidelines and requirements.

       ``(B) Considerations.--In developing guidelines and 
     requirements for eligible entities under subparagraph (A), 
     the Secretary shall consider--
       ``(i) number of employees;
       ``(ii) annual revenue;
       ``(iii) existing entity cybersecurity spending;
       ``(iv) current cyber risk assessments, including credible 
     threats, vulnerabilities, and consequences; and
       ``(v) entity capacity to invest in mitigating cybersecurity 
     risk absent assistance from the Federal Government.
       ``(5) Limitation.--For any fiscal year, an eligible entity 
     may not receive more than 1 grant from each grant program 
     established under this subsection.
       ``(6) Grant processes.--The Secretary, acting through the 
     Administrator of the Federal Emergency Management Agency, 
     shall require the submission of such information as the 
     Secretary determines is necessary to--
       ``(A) evaluate a grant application against the criteria 
     established under this section;
       ``(B) disburse grant funds;
       ``(C) provide oversight of disbursed grant funds; and
       ``(D) evaluate the effectiveness of the funded project in 
     increasing the overall resilience of the United States with 
     respect to cybersecurity risks.
       ``(7) Grant criteria.--For each grant program established 
     under this subsection, the Director, in coordination with the 
     Administrator of the Federal Emergency Management Agency, 
     shall develop and publish criteria for evaluating 
     applications for funding, which shall include--
       ``(A) whether the application identifies a clearly-defined 
     cybersecurity risk;
       ``(B) whether the cybersecurity risk identified in the 
     grant application poses a substantial threat to critical 
     infrastructure;
       ``(C) whether the application identifies a program or 
     project clearly designed to mitigate a cybersecurity risk;
       ``(D) the potential consequences of leaving the identified 
     cybersecurity risk unmitigated, including the potential 
     impact to the critical functions and overall resilience of 
     the nation; and
       ``(E) other appropriate factors identified by the Director.
       ``(8) Evaluation of grants applications.--
       ``(A) In general.--Utilizing the criteria established under 
     paragraph (7), the Director, in coordination with the 
     Administrator of the Federal Emergency Management Agency, 
     shall evaluate grant applications made under each grant 
     program established under this subsection.
       ``(B) Recommendation.--Following the evaluations required 
     under subparagraph (A), the Director shall recommend to the 
     Secretary applications for approval, including the amount of 
     funding recommended for each such approval.
       ``(9) Award of grant funding.--The Secretary shall--
       ``(A) review the recommendations of the Director prepared 
     pursuant to paragraph (8); and
       ``(B) provide a final determination of grant awards to the 
     Administrator of the Federal Emergency Management Agency to 
     be disbursed and administered under the process established 
     under paragraph (6).
       ``(e) Evaluation of Grant Programs Utilizing the National 
     Cyber Resilience Assistance Fund.--
       ``(1) Evaluation.--The Secretary shall establish a process 
     to evaluate the effectiveness and efficiency of grants 
     distributed under this section and develop appropriate 
     updates, as needed, to the grant programs.
       ``(2) Annual report.--Not later than 180 days after the 
     conclusion of the first fiscal year in which grants are 
     awarded under this section, and every fiscal year thereafter, 
     the Secretary shall submit to the Committee on Homeland 
     Security and Governmental Affairs and the Committee on 
     Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives a report detailing the grants awarded from 
     the Fund, the status of projects undertaken with the grant 
     funds, any planned changes to the disbursement methodology of 
     the Fund, measurements of success, and total outlays from the 
     Fund.
       ``(3) Grant program review.--
       ``(A) Annual assessment.--Before the start of the second 
     fiscal year in which grants are awarded under this section, 
     and every fiscal year thereafter, the Director shall assess 
     the grant programs established under this section and 
     determine--
       ``(i) for the coming fiscal year--

       ``(I) whether new grant programs with additional focus 
     areas should be created;
       ``(II) whether any existing grant program should be 
     discontinued; and
       ``(III) whether the scope of any existing grant program 
     should be modified; and

       ``(ii) the success of the grant programs in the prior 
     fiscal year.
       ``(B) Submission to congress.--Not later than 90 days 
     before the start of the second fiscal year in which grants 
     are awarded under this section, and every fiscal year 
     thereafter, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs and the Committee 
     on Appropriations of the Senate and the Committee on Homeland 
     Security and the Committee on Appropriations of the House of 
     Representatives the assessment conducted pursuant to 
     subparagraph (A) and any planned alterations to the grant 
     program for the coming fiscal year.
       ``(f) Limitation on Use of Grant Funds.--Funds awarded 
     pursuant to this section--

[[Page S5250]]

       ``(1) shall supplement and not supplant State or local 
     funds or, as applicable, funds supplied by the Bureau of 
     Indian Affairs; and
       ``(2) may not be used--
       ``(A) to provide any Federal cost-sharing contribution on 
     behalf of a State or local government;
       ``(B) to pay a ransom;
       ``(C) by or for a non-United States entity; or
       ``(D) for any recreational or social purpose.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $75,000,000 for each of fiscal years 2022 through 2026.
       ``(h) Transfers Authorized.--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 subsection (g) or other amounts 
     appropriated to carry out the National Cyber Resilience 
     Assistance Fund 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.
       ``(i) Government Accountability Office Report.--Not later 
     than 1 year after the date of the enactment of this section, 
     the Comptroller General of the United States shall submit to 
     the Committee on Homeland Security and Governmental Affairs 
     in the Senate and the Committee on Homeland Security in the 
     House of Representatives a report containing the results of a 
     study regarding the effectiveness of the programs described 
     in this section.''.
       (c) Technical and Conforming Amendments.--
       (1) Table of contents.--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 striking the item relating 
     to section 2214 and all that follows through the item 
     relating to section 2218, as added by section 70612 of this 
     Act, and inserting the following:
``Sec. 2214. National Asset Database.
``Sec. 2215. Duties and authorities relating to .gov internet domain.
``Sec. 2216. Joint Cyber Planning Office.
``Sec. 2217. Cybersecurity State Coordinator.
``Sec. 2218. Sector Risk Management Agencies.
``Sec. 2219. Cybersecurity Advisory Committee.
``Sec. 2220. Cybersecurity education and training programs.
``Sec. 2220A. State and Local Cybersecurity Grant Program.
``Sec. 2220B. National Cyber Resilience Assistance Fund.''.
       (2) Additional technical amendment.--
       (A) Amendment.--Section 904(b)(1) of the DOTGOV Act of 2020 
     (title IX of division U of Public Law 116-260) is amended, in 
     the matter preceding subparagraph (A), by striking ``Homeland 
     Security Act'' and inserting ``Homeland Security Act of 
     2002''.
       (B) Effective date.--The amendment made by subparagraph (A) 
     shall take effect as if enacted as part of the DOTGOV Act of 
     2020 (title IX of division U of Public Law 116-260).
                                 ______
                                 
  SA 2135. Ms. KLOBUCHAR submitted an amendment intended to be proposed 
by her to the bill H.R. 3684, to authorize funds for Federal-aid 
highways, highway safety programs, and transit programs, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the appropriate place, insert the following:

     SEC. ___. ASSESSMENT AND ANALYSIS REGARDING THE EFFECT OF THE 
                   DIGITAL ECONOMY ON THE ECONOMY OF THE UNITED 
                   STATES.

       (a) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Commerce, Science, and Transportation 
     of the Senate;
       (B) the Committee on Environment and Public Works of the 
     Senate;
       (C) the Committee on Small Business and Entrepreneurship of 
     the Senate;
       (D) the Committee on Energy and Commerce of the House of 
     Representatives;
       (E) the Committee on Transportation and Infrastructure of 
     the House of Representatives; and
       (F) the Committee on Small Business of the House of 
     Representatives.
       (2) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (3) Broadband.--The term ``broadband'' means an Internet 
     Protocol-based transmission service that enables users to 
     send and receive voice, video, data, or graphics, or a 
     combination of those items.
       (4) Digital economy.--
       (A) In general.--Subject to subparagraph (B), the term 
     ``digital economy'' has the meaning given the term by the 
     Secretary in carrying out this section.
       (B) Considerations.--In establishing a definition for the 
     term ``digital economy'' under subparagraph (A), the 
     Secretary shall consider--
       (i) the digital-enabling infrastructure that a computer 
     network needs to exist and operate; and
       (ii) the roles of e-commerce and digital media.
       (5) Digital media.--The term ``digital media'' means the 
     content that participants in e-commerce create and access.
       (6) E-commerce.--The term ``e-commerce'' means the digital 
     transactions that take place using the infrastructure 
     described in paragraph (4)(B)(i).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (b) Biennial Assessment and Analysis Required.--Not later 
     than 2 years after the date of enactment of this Act, and 
     biennially thereafter, the Secretary, in consultation with 
     the Director of the Bureau of Economic Analysis of the 
     Department of Commerce and the Assistant Secretary, shall 
     conduct an assessment and analysis regarding the contribution 
     of the digital economy to the economy of the United States.
       (c) Considerations and Consultation.--In conducting each 
     assessment and analysis required under subsection (b), the 
     Secretary shall--
       (1) consider the impact of--
       (A) the deployment and adoption of--
       (i) digital-enabling infrastructure; and
       (ii) broadband;
       (B) e-commerce and platform-enabled peer-to-peer commerce; 
     and
       (C) the production and consumption of digital media, 
     including free media; and
       (2) consult with--
       (A) the heads of any agencies and offices of the Federal 
     Government as the Secretary considers appropriate, including 
     the Secretary of Agriculture, the Commissioner of the Bureau 
     of Labor Statistics, the Administrator of the Small Business 
     Administration, and the Federal Communications Commission;
       (B) representatives of the business community, including 
     rural and urban internet service providers and 
     telecommunications infrastructure providers;
       (C) representatives from State, local, and tribal 
     government agencies; and
       (D) representatives from consumer and community 
     organizations.
       (d) Report.--The Secretary shall submit to the appropriate 
     committees of Congress a report regarding the findings of the 
     Secretary with respect to each assessment and analysis 
     conducted under subsection (b).
                                 ______
                                 
  SA 2136. Mr. SCHATZ submitted an amendment intended to be proposed by 
him to the bill H.R. 3684, to authorize funds for Federal-aid highways, 
highway safety programs, and transit programs, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in division [__], insert the 
     following;

     SEC. __. CDBG DISASTER RECOVERY.

       (a) Short Title.--This section may be cited as the 
     ``Reforming Disaster Recovery Act''.
       (b) Findings.--Congress finds that--
       (1) following a major disaster declared by the President 
     under section 401 or the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5170), the subset or 
     communities that are most impacted and distressed as a result 
     or the disaster face critical social, economic, and 
     environmental obstacles to recovery, including insufficient 
     public and private resources to address disaster-related 
     housing and community development needs for lower income 
     households and distressed communities;
       (2) unmet disaster recovery needs, including housing 
     assistance needs, can be especially widespread among persons 
     with extremely low, low, and moderate incomes;
       (3) economic, social, and housing hardships that affect 
     communities before disasters arc exacerbated during crises 
     and can delay and complicate long-term recovery. especially 
     after catastrophic major disasters;
       (4) States, units of local government, and Indian Tribes 
     within the most impacted and distressed areas resulting from 
     major disasters benefit from flexibility to design programs 
     that meet local needs, but face inadequate financial, 
     technical, and staffing capacity to plan and carry out 
     sustained recovery, restoration, and mitigation activities;
       (5) the speed and effectiveness considerations of long-term 
     recovery from catastrophic major disasters is improved by 
     predictable investments that support disaster relief, long-
     term recovery, restoration of housing and infrastructure, and 
     economic revitalization, primarily for the benefit of low- 
     and moderate-income persons;
       (6) undertaking activities that mitigate the effects of 
     future natural disasters and extreme weather and increase the 
     stock of affordable housing, including affordable rental 
     housing, as part or long-term recovery can significantly 
     reduce future fiscal and social costs, especially within 
     high-risk areas, and can help to address outstanding housing 
     and community development needs by creating jobs and 
     providing other economic and social benefits within 
     communities that further promote recovery and resilience; and
       (7) the general welfare and security of the nation and the 
     health and living standards of its people require targeted 
     resources to support State and local governments in carrying 
     out their responsibilities in disaster recovery and 
     mitigation through interim and long-term housing and 
     community development activities that primarily benefit 
     persons of low and moderate income.
       (c) Definitions.--In this section;
       (1) Department.--The term ``Department'' means the 
     Department of Housing and Urban Development.

[[Page S5251]]

       (2) Fund.--The term ``Fund'' means the Long-Term Disaster 
     Recovery Fund established under subsection (e).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Housing and Urban Development.
       (d) Duties of the Department of Housing and Urban 
     Development.--
       (1) In general.--The offices and officers of the Department 
     shall be responsible for--
       (A) leading and coordinating the disaster-related 
     responsibilities of the Department under the National 
     Response Framework, the National Disaster Recovery Framework, 
     and the National Mitigation Framework;
       (B) coordinating and administering programs, policies, and 
     activities of the Department related to disaster relief, 
     long-term recovery, resiliency, and mitigation, including 
     disaster recovery assistance under title I of the Housing and 
     Community Development Act of 1974 (4 U.S.C. 5301 et seq.);
       (C) supporting disaster-impacted communities as those 
     communities specifically assess, plan for, and address the 
     housing stock and housing needs in the transition from 
     emergency shelters and interim housing to permanent housing 
     of those displaced, especially among vulnerable populations 
     and extremely low-, low-, and moderate income households;
       (D) collaborating with the Federal Emergency Management 
     Agency, the Small Business Administration, and across the 
     Department to align disaster-related regulations and 
     policies, including incorporation of consensus-based codes 
     and standards and insurance purchase requirements, and 
     ensuring coordination and reducing duplication among other 
     Federal disaster recovery programs;
       (E) promoting best practices in mitigation and land use 
     planning, including consideration of traditional, natural, 
     and nature-based infrastructure alternatives;
       (F) coordinating technical assistance, including 
     mitigation, resiliency, and recovery training and information 
     on all relevant legal and regulatory requirements, to 
     entities that receive disaster recovery assistance under 
     title I of the Housing and Community Development Act of 1974 
     (42 U.S.C. 5301 et seq.) that demonstrate capacity 
     constraints; and
       (G) supporting State, Tribal, and local governments in 
     developing. coordinating, and maintaining their capacity for 
     disaster resilience and recovery, and developing predisaster 
     recovery and hazard mitigation plans, in coordination with 
     the Federal Emergency Management Agency and other Federal 
     agencies.
       (2) Establishment of the office of disaster management and 
     resiliency.--Section 4 of the Department of Housing and Urban 
     Development Act (42 U.S.C. 3533) is amended by adding at the 
     end the following;
       ``(i) Office of Disaster Management and Resiliency.--
       ``(1) Establishment.--There is established, in the Office 
     of the Secretary, the Office of Disaster Management and 
     Resiliency.
       ``(2) Duties.--The Office of Disaster Management and 
     Resiliency shall--
       ``(A) be responsible for oversight and coordination of all 
     departmental disaster preparedness and response 
     responsibilities; and
       ``(B) coordinate with the Federal Emergency Management 
     Agency, the Small Business Administration, and the Office of 
     Community Planning and Development and other offices of the 
     Department in supporting recovery and resilience activities 
     to provide a comprehensive approach in working with 
     communities.''.
       (e) Long-Term Disaster Recovery Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States an account to be known as the Long-Term 
     Disaster Recovery Fund.
       (2) Deposits, transfers, and credit.--
       (A) In general.--The Fund shall consist of amounts 
     appropriated, transferred, and credited to the Fund.
       (B) Transfers.--The following may be transferred to the 
     Fund;
       (i) Amounts made available through section 106(c)(4) of the 
     Housing and Community Development Act of 1974 (42 U.S.C. 
     5306(c)(4)) as a result of actions taken under section 
     104(e), 111, or 123(j) of such Act.
       (ii) Any unobligated balances available until expended 
     remaining or subsequently recaptured from amounts 
     appropriated for any disaster and related purposes under the 
     heading ``Community Development Fund'' in any Act prior to 
     the establishment of the Fund.
       (C) Use of transferred amounts.--Amounts transferred to the 
     Fund shall be used for the eligible uses described in 
     paragraph (3).
       (3) Eligible uses of fund.--
       (A) In general.--Amounts in the Fund shall be available--
       (i) to provide assistance in the form of grants under 
     section 123 of the Housing and Community Development Act of 
     1974, as added by subsection (f); and
       (ii) for activities of the Department that support the 
     provision of such assistance, including necessary salaries 
     and expenses, information technology, capacity building and 
     technical assistance (including assistance related to 
     predisaster planning), and readiness and other pre-disaster 
     planning activities that are not readily attributable to a 
     single major disaster.
       (B) Set aside.--Of each amount appropriated for or 
     transferred to the Fund, 2 percent shall be made available 
     for activities described in subparagraph (A)(ii), which shall 
     be in addition to other amounts made available for those 
     activities.
       (C) Transfer of funds.--Amounts made available for use in 
     accordance with subparagraph (B)--
       (i) may he transferred to the account under the heading for 
     ``Program Offices--Community Planning and Development'', or 
     any successor account, for the Department to carry out 
     activities described in subparagraph (A)(ii); and
       (ii) may be used for the activities described in 
     subparagraph (A)(ii) and for the administrative costs of 
     administering any funds appropriated to the Department under 
     the heading ``Community Planning and Development--Community 
     Development Fund'' for any major disaster declared under 
     section 401 or the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170) in any Act before 
     the establishment of the Fund.
       (4) Interchangeability of prior administrative amounts.--
     Any amounts appropriated in any Act prior to the 
     establishment of the Fund and transferred to the account 
     under the heading ``Program Offices Salaries and Expenses--
     Community Planning and Development'', or any predecessor 
     account, for the Department for the costs of administering 
     funds appropriated to the Department under the heading 
     ``Community Planning and Development--Community Development 
     Fund'' for any major disaster declared under section 401 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5170) shall be available for the 
     costs of administering any such funds provided by any prior 
     or future Act, notwithstanding the purposes for which those 
     amounts were appropriated and in addition to any amount 
     provided for the same purposes in other appropriations Acts.
       (5) Availability of amounts.--Amounts appropriated, 
     transferred and credited to the Fund shall remain available 
     until expended.
       (6) Formula allocation.--Use of amounts in the Fund for 
     grants shall be made by formula allocation in accordance with 
     the requirements of section 123(a) of the Housing and 
     Community Development Act of 1974. as added by subsection 
     (f).
       (7) Authorization of appropriations.--There are authorized 
     to be appropriated to the Fund such sums as may be necessary 
     to respond to current or future major disasters declared 
     under section 401 of the Robert T. Stafford Disaster Relief 
     and Emergency Assistance Act (42 U.S.C. 5179) for grants 
     under section 123 of the Housing and Community Development 
     Act of 1974, as added by subsection (f).
       (f) Establishment of CDBG Disaster Recovery Program.--Title 
     I of the Housing and Community Development Act of 1974 (42 
     U.S.C. 5301 et seq.) is amended--
       (1) in section 102(a) (42 U.S.C. 5302(a))--
       (A) in paragraph (20)--
       (i) by redesignating subparagraph (B) as subparagraph (C );
       (ii) in subparagraph (C), as so redesignated, by inserting 
     ``or (B)'' after ``subparagraph (A)''; and
       (iii) by inserting after subparagraph (A) the following;
       ``(B) The term `persons of extremely low income' means 
     families and individuals whose income levels do not exceed 
     household income levels determined by the Secretary under 
     section 3(b)(2) of the United States Housing Act of 1937 (42 
     U.S.C. 1437a(b)(2)(C)), except that the Secretary may provide 
     alternative definitions for the Commonwealth of Puerto Rico, 
     Guam, the Commonwealth of the Northern Mariana Islands, the 
     United States Virgin Islands, and American Samoa.''; and
       (B) by adding at the end the following;
       ``(25) The term `major disaster' 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).'';
       (2) in section 106(c)(4) (42 U.S.C. 5306(c)(4))--
       (A) in subparagraph (A)--
       (i) by striking ``declared by the President under the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act'';
       (ii) inserting ``States for use in nonentitlement areas and 
     to'' before ``metropolitan cities''; and
       (iii) inserting ``major'' after ``affected by the'';
       (B) in subparagraph (C)--
       (i) by striking ``metropolitan city or'' and inserting 
     ``State, metropolitan city, or'';
       (ii) by striking ``city or county'' and inserting ``State, 
     city, or county''; and
       (iii) by inserting ``major'' before ``disaster'';
       (C) in subparagraph (D), by striking ``metropolitan cities 
     and'' and inserting ``States, metropolitan cities, and'';
       (D) in subparagraph (F)--
       (i) by striking ``metropolitan city or'' and inserting 
     ``State, metropolitan city, or''; and
       (ii) by inserting ``major'' before ``disaster''; and
       (E) in subparagraph (G), by striking ``metropolitan city 
     or'' and inserting ``State, metropolitan city, or''; and
       (3) in section 122 (42 U.S.C. 5321), by striking ``disaster 
     under title IV of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act'' and inserting ``major disaster''; 
     and
       (4) by adding at the end the following:
       ``SEC. 123. COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER 
     RECOVERY PROGRAM.
       ``(a) Authorization, Formula, and Allocation.--
       ``(1) Authorization.--Thc Secretary is authorized to make 
     community development block grant disaster recovery grants 
     from

[[Page S5252]]

     the Long-Term Disaster Recovery Fund established under the 
     Reforming Disaster Recovery Act (hereinafter referred to as 
     the `Fund') for necessary expenses for activities authorized 
     under subsection (f)(1) related to disaster relief, long-term 
     recovery, restoration of housing and infrastructure, economic 
     revitalization, and mitigation in the most impacted and 
     distressed area, resulting from a catastrophic major 
     disaster.
       ``(2) Grant awards.--Grants shall be awarded under this 
     section to States, units of general local government, and 
     Indian tribes based on capacity and the concentration of 
     damage, as determined by the Secretary, to support the 
     efficient and effective administration of funds.
       ``(3) Section 106 allocations.--Grants under this section 
     shall not be considered relevant to the formula allocations 
     made pursuant to section 106.
       ``(4) Federal register notice.--
       ``(A) In general.--Not later than 30 days after the date of 
     enactment of this section, the Secretary shall issue a notice 
     in the Federal Register containing the latest formula 
     allocation methodologies used to determine the total estimate 
     of unmet needs related to housing, economic revitalization, 
     and infrastructure in the most impacted and distressed areas 
     resulting from a catastrophic major disaster.
       ``(B) Public comment.--In the notice issued under 
     subparagraph (A), the Secretary shall solicit public comments 
     on--
       ``(i) the methodologies described in subparagraph (A) and 
     seek alternative methods for formula allocation within a 
     similar total amount or funding;
       ``(ii) the impact or formula methodologies on rural areas 
     and Tribal areas;
       ``(iii) adjustments to improve targeting to the most 
     serious needs;
       ``(iv) objective criteria for grantee capacity and 
     concentration of damage to inform grantee determinations and 
     minimum allocation thresholds; and
       ``(v) research and data to inform an additional amount to 
     be provided for mitigation depending on type of disaster, 
     which shall be no more than 30 percent of the total estimate 
     or unmet needs.
       ``(5) Regulations.--
       ``(A) In general.--The Secretary shall, by regulation, 
     establish a formula to allocate assistance from the Fund to 
     the most impacted and distressed areas resulting from a 
     catastrophic major disaster.
       ``(B) Formula requirements.--The formula established under 
     subparagraph (A) shall--
       ``(i) set forth criteria to determine that a major disaster 
     is catastrophic, which criteria shall consider the presence 
     of a high concentration of damaged housing or businesses that 
     individual, State, Tribal, and local resources could not 
     reasonably be expected to address without additional Federal 
     assistance, or other nationally encompassing data that the 
     Secretary determines are adequate to assess relative impact 
     and distress across geographic areas.
       ``(ii) include a methodology for identifying most impacted 
     and distressed areas, which shall consider unmet serious 
     needs related to housing, economic revitalization, and 
     infrastructure;
       ``(iii) include an allocation calculation that considers 
     the unmet serious needs resulting from the catastrophic major 
     disaster and an additional amount up to 30 percent for 
     activities to reduce risks of loss resulting from other 
     natural disasters in the most impacted and distressed area, 
     primarily for the benefit of low- and moderate-income 
     persons, with particular focus on activities that reduce 
     repetitive loss of property and critical infrastructure; and
       ``(iv) establish objective criteria for periodic review and 
     updates to the formula to reflect changes in available 
     science and data.
       ``(C) Minimum allocation threshold.--The Secretary shall, 
     by regulation, establish a minimum allocation threshold.
       ``(D) Interim allocation.--Until such time that the 
     Secretary issues final regulations under this paragraph, the 
     Secretary shall--
       ``(i) allocate assistance from the Fund using the formula 
     allocation methodology published in accordance with paragraph 
     (4); and
       ``(ii) include an additional amount for mitigation equal to 
     15 percent of the total estimate of unmet need.
       ``(6) Allocation of funds.--
       ``(A) In general.--The Secretary shall--
       ``(i) except as provided in clause (ii), not later than 90 
     days after the President declares a major disaster, use best 
     available data to determine whether the major disaster is 
     catastrophic and qualifies for assistance under the formula 
     in paragraph (4) or (5), unless data is insufficient to make 
     this determination; and
       ``(ii) if the best available data is insufficient to make 
     the determination required under clause (i) within the 90-day 
     period described in that clause, the Secretary shall 
     determine whether the major disaster qualifies when 
     sufficient data becomes available, but in no case shall the 
     Secretary make the determination later than 120 days after 
     the declaration of the major disaster.
       ``(B) Announcement of allocation.--If amounts arc available 
     in the Fund at the time the Secretary determines that the 
     major disaster is catastrophic and qualifies for assistance 
     under the formula in paragraph (4) or (5), the Secretary 
     shall immediately announce an allocation for a grant under 
     this section.
       ``(C) Additional amounts.--If additional amounts are 
     appropriated to the Fund after amounts are allocated under 
     subparagraph (B), the Secretary shall announce an allocation 
     or additional allocation (if a prior allocation under 
     subparagraph (B) was less than the formula calculation) 
     within 15 days of any such appropriation.
       ``(7) Preliminary funding.--
       ``(A) In general.--To speed recovery, the Secretary is 
     authorized to allocate and award preliminary grants from the 
     Fund before making a determination under paragraph (6) if the 
     Secretary projects, based on a preliminary assessment of 
     impact and distress, that a major disaster is catastrophic 
     and would likely qualify for funding under the formula in 
     paragraph (4) or (5).
       ``(B) Amount.--
       ``(i) Maximum.--The Secretary may award preliminary funding 
     under subparagraph (A) in an amount that is not more than 
     $5,000.000.
       ``(ii) Sliding scale.--The Secretary shall, by regulation, 
     establish a sliding scale for preliminary funding awarded 
     under subparagraph (A) based on the size of the preliminary 
     assessment of impact and distress.
       ``(C) Use of funds.--The uses or preliminary funding 
     awarded under subparagraph (A) shall be limited to eligible 
     activities that--
       ``(i) in the determination of the Secretary, will support 
     faster recovery, improve the ability of the grantee to assess 
     unmet recovery needs, plan for the prevention of improper 
     payments, and reduce fraud, waste, and abuse; and
       ``(ii) may include evaluating the interim housing, 
     permanent housing, and supportive service needs of the 
     disaster impacted community, with special attention to 
     vulnerable populations, such as homeless and low- to moderate 
     income households, to inform the grantee action plan required 
     under subsection (c).
       ``(D) Consideration of funding.--Preliminary funding 
     awarded under subparagraph (A)--
       ``(i) is not subject to the certification requirements of 
     paragraph (h)(1); and
       ``(ii) shall not be considered when calculating the amount 
     of the grant used for administrative costs, technical 
     assistance, and planning activities that are subject to the 
     requirements under subsection (1)(2).
       ``(E) Waiver.--To expedite the use of preliminary funding 
     for activities described in this paragraph, the Secretary may 
     waive requirements of this section in accordance with 
     subsection (i).
       ``(F) Amended award.--
       ``(i) In general.--An award for preliminary funding under 
     subparagraph (A) may be amended to add any subsequent amount 
     awarded because of a determination by the Secretary that a 
     major disaster is catastrophic and qualifies for assistance 
     under the formula.
       ``(ii) Applicability.--Notwithstanding subparagraph (D), 
     amounts provided by an amendment under clause (i) are subject 
     to the requirements under subsections (h)(1) and (f)(1) and 
     other requirements on grant funds under this section.
       ``(G) Technical assistance.--Concurrent with the allocation 
     of any preliminary funding awarded under this paragraph, the 
     Secretary shall assign or provide technical assistance to the 
     recipient of the grant.
       ``(b) Interchangeability.--The Secretary--
       ``(1) is authorized to approve the use of grants under this 
     section to be used interchangeably and without limitation for 
     the same activities in the most impacted and distressed areas 
     resulting from a declaration of another catastrophic major 
     disaster that qualifies for assistance under the formula 
     established under paragraph (4) or (5) of subsection (a); and
       ``(2) shall establish requirements to expedite the use of 
     grants under this section for the purpose described in 
     paragraph (1).
       ``(c) Grantee Plans.--
       ``(1) Requirement.--Not later than 90 days after the date 
     on which the Secretary announces a grant allocation under 
     this section, unless an extension is granted by the 
     Secretary, the grantee shall submit to the Secretary a plan 
     for approval describing--
       ``(A) the activities the grantee will carry out with the 
     grant under this section;
       ``(B) the criteria of the grantee for awarding assistance 
     and selecting activities;
       ``(C) how the use of the grant under this section will 
     address disaster relief, long-term recovery, restoration of 
     housing and infrastructure, economic revitalization, and 
     mitigation in the most impacted and distressed areas
       ``(D) how the use of the grant funds for mitigation is 
     consistent with hazard mitigation plans submitted to the 
     Federal Emergency Management Agency under section 322 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5165);
       ``(E) the estimated amount proposed to be used for 
     activities that will benefit persons of low- and moderate-
     income;
       ``(F) how the use of grant funds will repair and replace 
     existing housing stock for vulnerable populations, including 
     low- to moderate-income households;
       ``(G) how the grantee will address the priorities described 
     in paragraph (5);
       ``(H) how uses of funds are proportional to unmet needs, as 
     required under paragraph (5);
       ``(I) for State grantees that plan to distribute grant 
     amounts to units of general local government, a description 
     of the method of distribution, and
       ``(J) such other information as may be determined by the 
     Secretary in regulation.

[[Page S5253]]

       ``(2) Public consultation.--To permit public examination 
     and appraisal of the plan described in paragraph (1), to 
     enhance the public accountability of grantees, and to 
     facilitate coordination of activities with different levels 
     of government, when developing the plan or substantial 
     amendments proposed to the plan required under paragraph (1), 
     a grantee shall--
       ``(A) publish the plan before adoption;
       ``(B) provide citizens, affected units of general local 
     government, and other interested parties with reasonable 
     notice of and opportunity to comment on, the plan, with a 
     public comment period of not less than 14 days;
       ``(C) consider comments received before submission to the 
     Secretary;
       ``(D) follow a citizen participation plan for disaster 
     assistance adopted by the grantee that, at a minimum, 
     provides for participation of residents of the most impacted 
     and distressed area affected by the major disaster that 
     resulted in the grant under this section and other 
     considerations established by the Secretary; and
       ``(E) undertake any consultation with interested parties as 
     may be determined by the Secretary in regulation.
       ``(3) Approval.--The Secretary shall--
       ``(A) by regulation, specify criteria for the approval, 
     partial approval, or disapproval of a plan submitted under 
     paragraph (1), including approval of substantial amendments 
     to the plan;
       ``(B) review a plan submitted under paragraph (1) upon 
     receipt of the plan;
       ``(C) allow a grantee to revise and resubmit a plan or 
     substantial amendment to a plan under paragraph (1) that the 
     Secretary disapproves;
       ``(D) by regulation, specify criteria for when the grantee 
     shall be required to provide the required revisions to a 
     disapproved plan or substantial amendment under paragraph (1) 
     for public comment prior to resubmission of the plan or 
     substantial amendment to the Secretary; and
       ``(E) approve, partially approve, or disapprove a plan or 
     substantial amendment under paragraph (1) not later than 60 
     days after the date on which the plan or substantial 
     amendment is received by the Secretary.
       ``(4) Low- and moderate-income overall benefit.--
       ``(A) Use of funds.--Not less than 70 percent of a grant 
     made under this section shall be used for activities that 
     benefit persons of low and moderate income unless the 
     Secretary--
       ``(i) specifically finds that--
       ``(I) there is compelling need to reduce the percentage for 
     the grant; and
       ``(II) the housing needs of low- and moderate-income 
     residents have been addressed; and
       ``(ii) issues a waiver and alternative requirements 
     pursuant to subsection (i) to lower the percentage.
       ``(B) Regulations.--The Secretary shall, by regulation, 
     establish protocols consistent with the findings of the 
     Reforming Disaster Recovery Act to prioritize the use of 
     funds by a grantee under this section to meet the needs or 
     low- and moderate income persons and businesses serving 
     primarily persons of low and moderate income.
       ``(5) Prioritization.--The grantee shall prioritize 
     activities that--
       ``(A) assist persons with extremely low, low, and moderate 
     incomes and other vulnerable populations to better recover 
     from and withstand future disasters, emphasizing those with 
     the most severe needs;
       ``(B) address affordable housing, including affordable 
     rental housing, needs arising from a disaster or those needs 
     present prior to a disaster;
       ``(C) prolong the life of housing and infrastructure;
       ``(D) use cost-effective means of preventing harm to people 
     and property and incorporate protective features, 
     redundancies, energy savings; and
       ``(E) other measures that will assure the continuation of 
     critical services during future disasters.
       ``(6) Proportional allocation.--
       ``(A) In general.--A grantee under this section shall 
     allocate grant funds proportional to unmet needs between 
     housing activities, economic revitalization, and 
     infrastructure, unless the Secretary--
       ``(i) specifically finds that--
       ``(I) there is a compelling need for a disproportional 
     allocation among those unmet needs; and
       ``(II) the disproportional allocation described in 
     subclause (I) is not inconsistent with the requirements under 
     paragraph (4); and
       ``(ii) issues a waiver and alternative requirement pursuant 
     to subsection (i) to allow for the disproportional allocation 
     described in clause (i)(I).
       ``(B) Housing activities.--With respect to housing 
     activities described in subparagraph (A)(i), grantees should 
     address proportional needs between homeowners and renters, 
     including low-income households in public housing and 
     federally subsidized housing.
       ``(7) Disaster risk mitigation.--
       ``(A) Definition.--In this paragraph, the term `hazard-
     prone areas'--
       ``(i) means areas identified by the Secretary, in 
     consultation with the Administrator of the Federal Emergency 
     Management Agency, at risk from natural hazards that threaten 
     property damage or health, safety, and welfare, such as 
     floods, wildfires (including Wildland-Urban Interface areas), 
     earthquakes, lava inundation, tornados, and high winds; and
       ``(ii) includes areas having special flood hazards as 
     identified under the Flood Disaster Protection Act of 1973 
     (42 U.S.C. 4002 et seq.) or the National Flood Insurance Act 
     of 1968 (42 U.S.C. 4001 et seq.).
       ``(B) Hazard-prone areas.--The Secretary, in consultation 
     with the Administrator of the Federal Emergency Management 
     Agency, shall establish minimum construction standards, 
     insurance purchase requirements, and other requirements for 
     the use of grant funds in hazard-prone areas.
       ``(C) Special flood hazards.--For the areas described in 
     subparagraph (A)(ii), the insurance purchase requirements 
     established under subparagraph (13) shall meet or exceed the 
     requirements under section 102(a) of the Flood Disaster 
     Protection Act of 1973 (42 U.S.C. 4012a(a)).
       ``(D) Consideration of future risks.--The Secretary may 
     consider future risks to protecting property and health, 
     safety, and general welfare, and the likelihood of those 
     risks, when making the determination of or modification to 
     hazard-prone areas under this paragraph.
       ``(8) Relocation.--
       ``(A) In general.--The Uniform Relocation Assistance and 
     Real Property Acquisition Policies Act of 1970 (42 U.S.C. 
     4601 et seq.) shall apply to activities assisted under this 
     section to the extent determined by the Secretary in 
     regulation, or as provided in waivers and alternative 
     requirements authorized in accordance with subsection (i).
       ``(B) Policy.--Each grantee under this section shall 
     establish a relocation assistance policy that--
       ``(i) minimizes displacement and describes the benefits 
     available to persons displaced as a direct result of 
     acquisition, rehabilitation, or demolition in connection with 
     an activity that is assisted by a grant under this section; 
     and
       ``(ii) includes any appeal rights or other requirements 
     that the Secretary establishes by regulation.
       ``(d) Certifications.--Any grant under this section shall 
     be made only if the grantee certifies to the satisfaction of 
     the Secretary that--
       ``(1) the grantee is in full compliance with the 
     requirements under subsection (c)(2);
       ``(2) for grants other than grants to Indian tribes, the 
     grant will be conducted and administered in conformity with 
     the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.) and 
     the Fair Housing Act (42 U.S.C. 3601 et seq.);
       ``(3) the projected use of funds has been developed so as 
     to give maximum feasible priority to activities that will 
     benefit extremely low-, low-, and moderate-income families 
     and activities described in subsection (c)(5), and may also 
     include activities that are designed to aid in the prevention 
     or elimination of slum and blight to support disaster 
     recovery, meet other community development needs having a 
     particular urgency because existing conditions pose a serious 
     and immediate threat to the health or welfare of 
     the community where other financial resources are not 
     available to meet such needs, and alleviate future threats 
     to human populations, critical natural resources, and 
     property that an analysis of hazards shows are likely to 
     result from natural disasters in the future;
       ``(4) the grant funds shall principally benefit persons of 
     low and moderate income as described in subsection (c)(4);
       ``(5) for grants other than grants to Indian tribes, within 
     24 months of receiving a grant or at the time of its 3 or 5-
     year update, whichever is sooner, the grantee will review and 
     make modifications to its non-disaster housing and community 
     development plans and strategies required by subsections (c) 
     and (m) of section 104 to reflect the disaster recovery needs 
     identified by the grantee and consistency with the plan under 
     subsection (c)(I);
       ``(6) the grantee will not attempt to recover any capital 
     costs of public improvements assisted in whole or part under 
     this section by assessing any amount against properties owned 
     and occupied by persons of low and moderate income, including 
     any fee charged or assessment made as a condition of 
     obtaining access to such public improvements, unless--
       ``(A) funds received under this section are used to pay the 
     proportion of such fee or assessment that relates to the 
     capital costs or such public improvements that are financed 
     from revenue sources other than under this chapter; or
       ``(B) for purposes of assessing any amount against 
     properties owned and occupied by persons of moderate income, 
     the grantee certifies to the Secretary that the grantee lacks 
     sufficient funds received under this section to comply with 
     the requirements of subparagraph (A);
       ``(7) the grantee will comply with the other provisions of 
     this title that apply to assistance under this section and 
     with other applicable laws;
       ``(8) the grantee will follow a relocation assistance 
     policy that includes any minimum requirements identified by 
     the Secretary; and
       ``(9) the grantee will adhere to construction standards, 
     insurance purchase requirements, and other requirements for 
     development in hazard-prone areas described in subsection 
     (c)(7).
       ``(e) Performance Reviews and Reporting.--
       ``(1) In general.--The Secretary shall, on not less 
     frequently than an annual basis, make such reviews and audits 
     as may be necessary or appropriate to determine whether a 
     grantee under this section has--
       ``(A) carried out activities using grant funds in a timely 
     manner;

[[Page S5254]]

       ``(B) met the performance targets established by paragraph 
     (2);
       ``(C) carried out activities using grant funds in 
     accordance with the requirements of this section, the other 
     provisions of this title that apply to assistance under this 
     section, and other applicable laws; and
       ``(D) a continuing capacity to carry out activities in a 
     timely manner.
       ``(2) Performance targets.--The Secretary shall develop and 
     make publicly available critical performance targets for 
     review, which shall include spending thresholds for each year 
     from the date on which funds are obligated by the Secretary 
     to the grantee until such time all funds have been expended.
       ``(3) Failure to meet targets.--
       ``(A) Suspension.--If a grantee under this section fails to 
     meet 1 or more critical performance targets under paragraph 
     (2), the Secretary may temporarily suspend the grant.
       ``(13) Performance improvement plan.--If the Secretary 
     suspends a grant under subparagraph (A), the Secretary shall 
     provide to the grantee a performance improvement plan with 
     the specific requirements needed to lift the suspension 
     within a defined time period.
       ``(C) Report.--If a grantee fails to meet the spending 
     thresholds established under paragraph (2), the grantee shall 
     submit to the Secretary, the appropriate committees of 
     Congress, and each member of Congress who represents a 
     district or State of the grantee a written report identifying 
     technical capacity, funding, or other Federal or State 
     impediments affecting the ability of the grantee to meet the 
     spending thresholds.
       ``(4) Collection of information and reporting.--
       ``(A) Requirement to report.--A grantee under this section 
     shall provide to the Secretary such information as the 
     Secretary may determine necessary for adequate oversight of 
     the grant program under this section.
       ``(8) Public availability.--Subject to subparagraph (D), 
     the Secretary shall make information submitted under 
     subparagraph (A) available to the public and to the Inspector 
     General for the Department of Housing and Urban Development, 
     disaggregated by income, geography, and all classes of 
     individuals protected under section 109.
       ``(C) Summary status reports.--To increase transparency and 
     accountability of the grant program under this section the 
     Secretary shall, on not less frequently than an annual basis, 
     post on a public facing dashboard summary status reports for 
     all active grants under this section that includes--
       ``(i) the status or funds by activity;
       ``(ii) the percentages of funds allocated and expended to 
     benefit low- and moderate-income communities;
       ``(iii) performance targets, spending thresholds, and 
     accomplishments; and
       ``(iv) other information the Secretary determines to be 
     relevant for transparency.
       ``(D) Considerations.--ln carrying out this paragraph, the 
     Secretary--
       ``(i) shall take such actions as may be necessary to ensure 
     that personally identifiable information regarding applicants 
     for assistance provided from funds made available under this 
     section is not made publicly available; and
       ``(ii) may make full and unredacted information available 
     to academic institutions for the purpose of researching into 
     the equitable distribution of recovery funds and adherence to 
     civil rights protections.
       ``(f) Eligible Activities.--
       ``(1) In general.--Activities assisted under this section--
       ``(A) may include activities permitted under section 105 or 
     other activities permitted by the Secretary by waiver or 
     alternative requirement pursuant to subsection (i); and
       ``(B) shall be related to disaster relief, long-term 
     recovery, restoration of housing and infrastructure, economic 
     revitalization, and mitigation in the most impacted and 
     distressed areas resulting from the major disaster for which 
     the grant was awarded.
       ``(2) Prohibition.--Grant funds under this section may not 
     be used for costs reimbursable by, or for which funds have 
     been made available by, the Federal Emergency Management 
     Agency or the United States Army Corps of Engineers.
       ``(3) Administrative costs, technical assistance and 
     planning.--
       ``(A) In general.--The Secretary shall establish in 
     regulation the maximum grant amounts a grantee may use for 
     administrative costs, technical assistance and planning 
     activities, taking into consideration size of grant, 
     complexity of recovery, and other factors as determined by 
     the Secretary, but not to exceed 10 percent for 
     administration and 20 percent in total.
       ``(B) Availability.--Amounts available for administrative 
     costs for a grant under this section shall be available for 
     eligible administrative costs of the grantee for any grant 
     made under this section, without regard to a particular 
     disaster.
       ``(4) Program income.--Notwithstanding any other provision 
     of law, any grantee under this section may retain program 
     income that is realized from grants made by the Secretary 
     under this section if the grantee agrees that the grantee 
     will utilize the program income in accordance with the 
     requirements for grants under this section, except that the 
     Secretary may--
       ``(A) by regulation, exclude from consideration as program 
     income any amounts determined to be so small that compliance 
     with this paragraph creates an unreasonable administrative 
     burden on the grantee; or
       ``(B) permit the grantee to transfer remaining program 
     income to the other grants of the grantee under this title 
     upon closeout of the grant.
       ``(5) Prohibition on use of assistance for employment 
     relocation activities.--
       ``(A) In general.--Grants under this section may not be 
     used to assist directly in the relocation of any industrial 
     or commercial plant, facility, or operation, from one area to 
     another area, if the relocation is likely to result in a 
     significant loss of employment in the labor market area from 
     which the relocation occurs.
       ``(B) Applicability.--The prohibition under subparagraph 
     (A) shall not apply to a business that was operating in the 
     disaster-declared labor market area before the incident date 
     of the applicable disaster and has since moved, in whole or 
     in part, from the affected area to another State or to a 
     labor market area within the same State to continue business.
       ``(6) Requirements.--Grants under this section are subject 
     to the requirements of this section, the other provisions of 
     this title that apply to assistance under this section, and 
     other applicable laws, unless modified by waivers and 
     alternative requirements in accordance with subsection (i).
       ``(g) Environmental Review.--
       ``(1) Adoption.--A recipient of funds provided under this 
     section that uses the funds to supplement Federal assistance 
     provided under section 402, 403, 404, 406, 407, 408(c)(4), 
     428, or 502 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 
     5172, 5173, 5174(c)(4), 5189f, 5192) may adopt, without 
     review or public comment, any environmental review, approval, 
     or permit performed by a Federal agency, and that adoption 
     shall satisfy the responsibilities of the recipient with 
     respect to the environmental review. approval, or permit 
     under section 104(g)(1).
       ``(2) Approval of release of funds.--Notwithstanding 
     section 104(g)(2), the Secretary or a State may. upon receipt 
     of a request for release of funds and certification, 
     immediately approve the release of funds for an activity or 
     project to be assisted under this section if the recipient 
     has adopted an environmental review, approval, or permit 
     under paragraph (1) or the activity or project is 
     categorically excluded from review under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
       ``(3) Units of general local government.--The provisions of 
     section 104(g)(4) shall apply to assistance under this 
     section that a State distributes to a unit of general local 
     government.
       ``(h) Financial Controls and Procedures.--
       ``(1) In general.--The Secretary shall develop requirements 
     and procedures to demonstrate that a grantee under this 
     section)--
       ``(A) has adequate financial controls and procurement 
     processes;
       ``(B) has adequate procedures to detect and prevent fraud, 
     waste, abuse and duplication of benefit; and
       ``(C) maintains a comprehensive and publicly accessible 
     website.
       ``(2) Certification.--Before making a grant under this 
     section, the Secretary shall certify that the grantee has in 
     place proficient processes and procedures to comply with the 
     requirements developed under paragraph (1), as determined by 
     the Secretary.
       ``(3) Compliance before allocation.--The Secretary may 
     permit a State, unit of general local government, or Indian 
     tribe to demonstrate compliance with the requirements for 
     adequate financial controls developed under paragraph (1) 
     before a disaster occurs and before receiving an allocation 
     for a grant under this section.
       ``(4) Duplication of benefits.--
       ``(A) In general.--Funds made available under this 
     subsection shall be used in accordance with section 312 of 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5155), as amended by section 1210 
     of the Disaster Recovery Reform Act of 2018 (division D of 
     Public Law 115-254), and such rules as may be prescribed 
     under such section 312.
       ``(B) Penalties.--ln any case in which the use of grant 
     funds under this section results in a prohibited duplication 
     of benefits, the grantee shall--
       ``(i) apply an amount equal to the identified duplication 
     to any allowable costs of the award consistent with actual, 
     immediate cash requirement;
       ``(ii) remit any excess amounts to the Secretary to be 
     credited to the obligated, undisbursed balance of the grant 
     consistent with requirements on Federal payments applicable 
     to such grantee; and
       ``(iii) if excess amounts under clause (ii) are identified 
     after the period of performance or after the closeout of the 
     award, remit such amounts to the Secretary to be credited to 
     the Fund.
       ``(C) Failure to comply.--A grantee that fails to comply 
     with subparagraph (A) shall be subject to remedies for 
     noncompliance under section 111, unless the Secretary 
     publishes a determination in the Federal Register that it is 
     not in the best interest of the Federal Government to pursue 
     remedial actions.
       ``(i) Waivers.--
       ``(1) In general.--In administering grants under this 
     section, the Secretary may waive, or specify alternative 
     requirements for, any provision of any statute or regulation 
     that the Secretary administers in connection with the 
     obligation by the Secretary or the

[[Page S5255]]

     use by the grantee of those funds (except for requirements 
     related to fair housing, nondiscrimination, labor standards, 
     the environment, and the requirements of this section that do 
     not expressly authorize modifications by waiver or 
     alternative requirement), if the Secretary makes a public 
     finding that good cause exists for the waiver or alternative 
     requirement and the waiver or alternative requirement would 
     not be inconsistent with the findings in the Reforming 
     Disaster Recovery Act.
       ``(2) Effective date.--A waiver or alternative requirement 
     described in paragraph (1) shall not take effect before the 
     date that is 5 days after the date of publication of the 
     waiver or alternative requirement on the website of the 
     Department of Housing and Urban Development or the effective 
     date for any regulation published in the Federal Register.
       ``(3) Public notification.--The Secretary shall notify the 
     public of all waivers described in paragraph (1) in 
     accordance with the requirements of section 7(q)(3) of the 
     Department of Housing and Urban Development Act (42 U.S.C. 
     3535(q)(3)).
       ``(j) Unused Amounts.--
       ``(1) Deadline to use amounts.--A grantee under this 
     section shall use an amount equal to the grant within 6 years 
     beginning on the date on which the Secretary obligates the 
     amounts to the grantee, as such period may be extended under 
     paragraph (4).
       ``(2) Recapture.--The Secretary shall recapture and credit 
     to the Fund any amount that is unused by a grantee under this 
     section upon the earlier of--
       ``(A) the date on which the grantee notifies the Secretary 
     that the grantee has completed all activities identified in 
     the disaster grantee's plan under subsection (c); or
       ``(B) the expiration of the 6-year period described in 
     paragraph (1), as such period may be extended under paragraph 
     (4).
       ``(3) Retention of funds.--Notwithstanding paragraph (1), 
     the Secretary may allow a grantee under this section to 
     retain--
       ``(A) amounts needed to close out grants, and
       ``(B) up to 10 percent of the remaining funds to support 
     maintenance of the minimal capacity to launch a new program 
     in the event of a future disaster and to support predisaster 
     long-term recovery and mitigation planning.
       ``(4) Extension of period for use of funds.--The Secretary 
     may extend the 6-year period described in paragraph (1) by 
     not more than 4 years, or not more than 6 years for 
     mitigation activities, if--
       ``(A) the grantee submits to the Secretary--
       ``(i) written documentation of the exigent circumstances 
     impacting the ability of the grantee to expend funds that 
     could not be anticipated; or
       ``(ii) a justification that such request is necessary due 
     to the nature and complexity of the program and projects; and
       ``(B) the Secretary submits a written justification for the 
     extension to the Committees on Appropriations of Senate and 
     the House of Representatives that specifies the period of 
     that extension.''.
       (g) Regulations.--
       (1) Proposed rules.--Following consultation with the 
     Federal Emergency Management Agency, the Small Business 
     Administration, and other Federal agencies, not later than 6 
     months after the date of enactment of this Act, the Secretary 
     shall issue proposed rules to carry out this section and the 
     amendments made by this section and shall provide a 90-day 
     period for submission of public comments on those proposed 
     rules,
       (2) Final rules.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall issue final 
     regulations to carry out section 123 of the Housing and 
     Community Development Act of 1974, as added by subsection 
     (f).
       (h) Coordination of Disaster Recovery Assistance, Benefits, 
     and Data With Other Federal Agencies.--
       (1) Coordination of disaster recovery assistance.--In order 
     to ensure a comprehensive approach to Federal disaster 
     relief, long-term recovery, restoration of housing and 
     infrastructure, economic revitalization, and mitigation in 
     the most impacted and distressed areas resulting from a 
     catastrophic major disaster, the Secretary shall coordinate 
     with the Federal Emergency Management Agency, to the greatest 
     extent practicable, in the implementation of assistance 
     authorized under section 123 of the Housing and Community 
     Development Act of 1974, as added by subsection (f).
       (2) Data sharing agreements.--To support the coordination 
     of data to prevent duplication of benefits with other Federal 
     disaster recovery programs while also expediting recovery and 
     reducing burden on disaster survivors, the Department shall 
     establish data sharing agreements that safeguard privacy with 
     relevant Federal agencies to ensure disaster benefits 
     effectively and efficiently reach intended beneficiaries, 
     while using effective means of preventing harm to people and 
     property.
       (3) Data transfer from fema and sba to hud.--As permitted 
     and deemed necessary for efficient program execution, and 
     consistent with a computer matching agreement entered into 
     under paragraph (6)(A), the Administrator of the Federal 
     Emergency Management Agency and the Administrator of the 
     Small Business Administration shall provide data on disaster 
     applicants to the Department including, when necessary, 
     personally identifiable information, disaster recovery needs, 
     and resources determined eligible for, and amounts expended, 
     to the Secretary for all major disasters declared by the 
     President pursuant to section 401 of Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) 
     for the purpose of providing additional assistance to 
     disaster survivors and prevent duplication of benefits.
       (4) Data transfers from hud to hud grantees.--The Secretary 
     is authorized to provide to grantees under section 123 of the 
     Housing and Community Development Act of 1974, as added by 
     subsection (f), offices of the Department, technical 
     assistance providers, and lenders information that in the 
     determination or the Secretary is reasonably available and 
     appropriate to inform the provision of assistance after a 
     major disaster, including information provided to the 
     Secretary by the Administrator of the Federal Emergency 
     Management Agency, the Administrator of the Small Business 
     Administration, or other Federal agencies.
       (5) Data transfers from hud grantees to hud, fema, and 
     sba.--
       (A) Reporting--Grantees under section 123 of the Housing 
     and Community Development Act of 1974, as added by subsection 
     (f), shall report information requested by the Secretary on 
     households, businesses, and other entities assisted and the 
     type of assistance provided.
       (B) Sharing information.--The Secretary shall share 
     information collected under subparagraph (A) with the Federal 
     Emergency Management Agency, the Small Business 
     Administration, and other Federal agencies to support the 
     planning and delivery of disaster recovery and mitigation 
     assistance.
       (6) Privacy protection.--The Secretary may make and receive 
     data transfers authorized under this subsection, including 
     the use and retention of that data for computer matching 
     programs, to inform the provision of assistance, assess 
     disaster recovery needs, and prevent the duplication of 
     benefits and other waste, fraud, and abuse, provided that--
       (A) the Secretary enters a computer matching agreement with 
     the Administrator of the Federal Emergency Management Agency, 
     the Administrator of the Small Business Administration, or 
     other Federal agencies covering the transfer of data;
       (B) the Secretary publishes intent to disclose data in the 
     Federal Register; and
       (C) notwithstanding paragraphs (1) and (2), section 552a of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974''), or any other law, the Secretary is authorized 
     to share data with an entity identified in paragraph (4), and 
     the entity is authorized to use the data as described in this 
     subsection, if the Secretary enters a data sharing agreement 
     with the entity before sharing or receiving any information 
     under transfers authorized by this subsection, which data 
     sharing agreement shall--
       (i) in the determination of the Secretary, include measures 
     adequate to safeguard the privacy and personally identifiable 
     information of individuals; and
       (ii) include provisions that describe how the personally 
     identifiable information of an individual will be adequately 
     safeguarded and protected, which requires consultation with 
     the Secretary and the head of each Federal agency the data of 
     which is being shared subject to the agreement.
                                 ______
                                 
  SA 2137. Mr. SCHUMER (for Ms. Sinema (for herself, Mr. Portman, Mr. 
Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. Tester, Ms. 
Murkowski, Mr. Warner, and Mr. Romney)) proposed an amendment to the 
bill H.R. 3684, to authorize funds for Federal-aid highways, highway 
safety programs, and transit programs, and for other purposes; as 
follows:

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``Infrastructure Investment and Jobs Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

                   DIVISION A--SURFACE TRANSPORTATION

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

                     TITLE I--FEDERAL-AID HIGHWAYS

                Subtitle A--Authorizations and Programs

Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.

[[Page S5256]]

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.

     TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

Sec. 12001. Transportation Infrastructure Finance and Innovation Act of 
              1998 amendments.

             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.

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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.

               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.

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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.

[[Page S5259]]

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.

                 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.

          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.

                    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.

[[Page S5260]]

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.

                     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

     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;

[[Page S5261]]

       (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

[[Page S5262]]

       (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

[[Page S5263]]

     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

[[Page S5264]]

       ``(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, 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;

[[Page S5265]]

       ``(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;

[[Page S5266]]

       (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

[[Page S5267]]

     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)--

[[Page S5268]]

       (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).

[[Page S5269]]

       ``(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--

[[Page S5270]]

       ``(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.--

[[Page S5271]]

       ``(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

[[Page S5272]]

     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

[[Page S5273]]

     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

[[Page S5274]]

     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

[[Page S5275]]

     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.--

[[Page S5276]]

       ``(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

[[Page S5277]]

     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.--

[[Page S5278]]

       ``(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;

[[Page S5279]]

       ``(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;

[[Page S5280]]

       (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.

[[Page S5281]]

       ``(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;

[[Page S5282]]

       (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

[[Page S5283]]

     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

[[Page S5284]]

     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

[[Page S5285]]

     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

[[Page S5286]]

       ``(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.

[[Page S5287]]

       ``(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.

[[Page S5288]]

  


                       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

[[Page S5289]]

     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

[[Page S5290]]

     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

[[Page S5291]]

     (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

[[Page S5292]]

       ``(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.

[[Page S5293]]

       ``(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.

[[Page S5294]]

       ``(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;

[[Page S5295]]

       ``(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

[[Page S5296]]

       (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;

[[Page S5297]]

       (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

[[Page S5298]]

     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

[[Page S5299]]

     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

[[Page S5300]]

       (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.

[[Page S5301]]

       (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 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.''.
       (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 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), 
     and subsection (c)(97)''.
       (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 by adding at the end the following: ``The route 
     referred to in subsection (c)(97) is designated as Interstate 
     Route I-365.''.
       (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.

[[Page S5302]]

       (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

[[Page S5303]]

     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

[[Page S5304]]

       (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.

[[Page S5305]]

       ``(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.

[[Page S5306]]

       (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.

     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

[[Page S5307]]

     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.

             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:

[[Page S5308]]

       (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

[[Page S5309]]

     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--

[[Page S5310]]

       ``(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

[[Page S5311]]

     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:

[[Page S5312]]

       ``(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--

[[Page S5313]]

       ``(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

[[Page S5314]]

     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

[[Page S5315]]

     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

[[Page S5316]]

     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

[[Page S5317]]

       ``(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.'';

[[Page S5318]]

       (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.--

[[Page S5319]]

       ``(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

[[Page S5320]]

     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;

[[Page S5321]]

       ``(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.

[[Page S5322]]

       ``(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.--

[[Page S5323]]

       (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;

[[Page S5324]]

       ``(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)

[[Page S5325]]

     (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

[[Page S5326]]

     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.

[[Page S5327]]

       (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

[[Page S5328]]

       ``(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

[[Page S5329]]

     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.

[[Page S5330]]

       ``(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,

[[Page S5331]]

     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);

[[Page S5332]]

       (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:

[[Page S5333]]

       ``(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

[[Page S5334]]

     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:

[[Page S5335]]

       ``(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

[[Page S5336]]

     (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;

[[Page S5337]]

       ``(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--

[[Page S5338]]

       ``(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

[[Page S5339]]

     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

[[Page S5340]]

     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

[[Page S5341]]

       ``(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

[[Page S5342]]

     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;

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       ``(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--

[[Page S5344]]

       ``(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;

[[Page S5345]]

       (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);

[[Page S5346]]

       (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

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     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

[[Page S5348]]

     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

[[Page S5349]]

       (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

[[Page S5350]]

     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.

               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

[[Page S5351]]

     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.--

[[Page S5352]]

       ``(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;

[[Page S5353]]

       ``(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;

[[Page S5354]]

       ``(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

[[Page S5355]]

     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;

[[Page S5356]]

       ``(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

[[Page S5357]]

     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.

[[Page S5358]]

       (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.

[[Page S5359]]

       (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--

[[Page S5360]]

       ``(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.

[[Page S5361]]

       (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--

[[Page S5362]]

       ``(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

[[Page S5363]]

       (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;

[[Page S5364]]

       (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:

[[Page S5365]]

       (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;

[[Page S5366]]

       (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

[[Page S5367]]

     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.

[[Page S5368]]

       (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--

[[Page S5369]]

       ``(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.

[[Page S5370]]

       (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;

[[Page S5371]]

       ``(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

[[Page S5372]]

     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.

[[Page S5373]]

       ``(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

[[Page S5374]]

     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

[[Page S5375]]

     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

[[Page S5376]]

     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

[[Page S5377]]

     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

[[Page S5378]]

       ``(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)--

[[Page S5379]]

       (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.--

[[Page S5380]]

       ``(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'';

[[Page S5381]]

       (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.

[[Page S5382]]

       (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

[[Page S5383]]

     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,

[[Page S5384]]

     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

[[Page S5385]]

     $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

[[Page S5386]]

     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

[[Page S5387]]

     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);

[[Page S5388]]

       (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.

[[Page S5389]]

       (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--

[[Page S5390]]

       (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

[[Page S5391]]

     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

[[Page S5392]]

     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

[[Page S5393]]

     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

[[Page S5394]]

     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 consultation with the 
     Secretary of Homeland Security and, 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 consultation with the Secretary of Homeland 
     Security and, 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 consultation with the 
     Secretary of Homeland Security and 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 consultation with the Secretary of Homeland 
     Security and 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

[[Page S5395]]

     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 consultation with 
     the Secretary of Homeland Security, 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

[[Page S5396]]

     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 consultation with the 
     Secretary of Homeland Security and, 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 consultation 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--

[[Page S5397]]

       (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

[[Page S5398]]

     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

[[Page S5399]]

       (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

[[Page S5400]]

     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;

[[Page S5401]]

       ``(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;

[[Page S5402]]

       (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;

[[Page S5403]]

       (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

[[Page S5404]]

     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

[[Page S5405]]

       ``(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--

[[Page S5406]]

       ``(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.

[[Page S5407]]

       ``(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.--

[[Page S5408]]

       ``(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

[[Page S5409]]

     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:

[[Page S5410]]

       ``(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

[[Page S5411]]

       ``(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;

[[Page S5412]]

       ``(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.--

[[Page S5413]]

       (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

[[Page S5414]]

       (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--

[[Page S5415]]

       ``(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.--

[[Page S5416]]

       (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

[[Page S5417]]

     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

[[Page S5418]]

     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

[[Page S5419]]

     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;

[[Page S5420]]

       (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.

[[Page S5421]]

  


                       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.

[[Page S5422]]

       (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

[[Page S5423]]

     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

[[Page S5424]]

       ``(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:

[[Page S5425]]

  


     ``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.

[[Page S5426]]

       ``(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

[[Page S5427]]

     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

[[Page S5428]]

     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;

[[Page S5429]]

       (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--

[[Page S5430]]

       ``(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;

[[Page S5431]]

       ``(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).

[[Page S5432]]

       ``(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--

[[Page S5433]]

       (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

[[Page S5434]]

     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

[[Page S5435]]

     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

[[Page S5436]]

     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;

[[Page S5437]]

       (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.

[[Page S5438]]

       (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.

                 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

[[Page S5439]]

     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,

[[Page S5440]]

     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.

[[Page S5441]]

       (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;

[[Page S5442]]

       (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;

[[Page S5443]]

       ``(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

[[Page S5444]]

       (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.

[[Page S5445]]

       ``(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

[[Page S5446]]

     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.

[[Page S5447]]

       (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).

[[Page S5448]]

       (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

[[Page S5449]]

     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).
       ``(C) Underserved community.--The term `underserved 
     community' means a political subdivision of a State that, as 
     determined by the Administrator, has an inadequate system for 
     obtaining drinking water.
       ``(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.

[[Page S5450]]

       (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:

[[Page S5451]]

       ``(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

[[Page S5452]]

     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

[[Page S5453]]

     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

[[Page S5454]]

       (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.

[[Page S5455]]

       (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).

[[Page S5456]]

  


     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

[[Page S5457]]

     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

[[Page S5458]]

     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

[[Page S5459]]

       (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--

[[Page S5460]]

       (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

[[Page S5461]]

     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

[[Page S5462]]

     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.

          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.--

[[Page S5463]]

       ``(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;

[[Page S5464]]

       (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).

[[Page S5465]]

       (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

[[Page S5466]]

       (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

[[Page S5467]]

       (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

[[Page S5468]]

     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,

[[Page S5469]]

     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

[[Page S5470]]

     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-

[[Page S5471]]

     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.

[[Page S5472]]

       (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.

                    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

[[Page S5473]]

     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;

[[Page S5474]]

       (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

[[Page S5475]]

     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

[[Page S5476]]

     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

[[Page S5477]]

       ``(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.

[[Page S5478]]

       ``(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.

[[Page S5479]]

       ``(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.

[[Page S5480]]

       ``(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;

[[Page S5481]]

       ``(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

[[Page S5482]]

     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--

[[Page S5483]]

       (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

[[Page S5484]]

     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;

[[Page S5485]]

       (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

[[Page S5486]]

     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.

[[Page S5487]]

       (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

[[Page S5488]]

     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

[[Page S5489]]

     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

[[Page S5490]]

     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--

[[Page S5491]]

       ``(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,

[[Page S5492]]

     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

[[Page S5493]]

     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,''.

                     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.''.

[[Page S5494]]

       (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.

[[Page S5495]]

       (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

[[Page S5496]]

     (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

[[Page S5497]]

     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

[[Page S5498]]

     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

[[Page S5499]]

       ``(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

[[Page S5500]]

     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

[[Page S5501]]

     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

[[Page S5502]]

     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

[[Page S5503]]

     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 inland waterways projects:  
     Provided further, That notwithstanding any other provision of 
     law, section 102, as amended, of the Water Resources 
     Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2212) 
     shall not apply to funds provided in the preceding proviso:  
     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), 
     or section 1135 of the Water Resources Development Act of 
     1986 (Public Law 99-662; 33 U.S.C. 2309a), 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 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

[[Page S5504]]

     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.

                       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

[[Page S5505]]

     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

[[Page S5506]]

     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.

[[Page S5507]]

  


                              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

[[Page S5508]]

     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

[[Page S5509]]

     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

[[Page S5510]]

     pursuant to section 4112(a) of H. Con. Res. 71 (115th 
     Congress), the concurrent 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,

[[Page S5511]]

     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

[[Page S5512]]

     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

[[Page S5513]]

       (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

[[Page S5514]]

     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

[[Page S5515]]

     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

[[Page S5516]]

     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

[[Page S5517]]

     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

[[Page S5518]]

     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

[[Page S5519]]

     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--

[[Page S5520]]

       (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

[[Page S5521]]

     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

[[Page S5522]]

     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

[[Page S5523]]

     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--

[[Page S5524]]

       (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;

[[Page S5525]]

       (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

[[Page S5526]]

     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,

[[Page S5527]]

     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

[[Page S5528]]

     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''.

     

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