[Congressional Record Volume 167, Number 136 (Sunday, August 1, 2021)]
[Senate]
[Pages S5255-S5528]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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.
[[Page S5257]]
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.
[[Page S5258]]
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;
[[Page S5343]]
``(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
[[Page S5347]]
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''.
____________________