    [117th Congress Public Law 58]
    [From the U.S. Government Publishing Office]

    [[Page 135 STAT. 429]]

    Public Law 117-58
    117th Congress

                                     An Act

     To authorize funds for Federal-aid highways, highway safety programs,
         and transit programs, and for other purposes. <<NOTE: Nov. 15,
                             2021 -  [H.R. 3684]>>

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <<NOTE: Infrastructure
    Investment and Jobs Act.>>
    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) <<NOTE: 23 USC 101 note.>>  Short Title.--This Act may be cited
    as the ``Infrastructure Investment and Jobs Act''.

        (b) Table of Contents.--The table of contents for this Act is as
    follows:

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

                       DIVISION A--SURFACE TRANSPORTATION

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

                          TITLE I--FEDERAL-AID HIGHWAYS

                     Subtitle A--Authorizations and Programs

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

    [[Page 135 STAT. 430]]

    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.

    [[Page 135 STAT. 431]]

    Sec. 11524. Bridge terminology.
    Sec. 11525. Technical corrections.
    Sec. 11526. Working group on covered resources.
    Sec. 11527. Blood transport vehicles.
    Sec. 11528. Pollinator-friendly practices on roadsides and highway
               rights-of-way.
    Sec. 11529. Active transportation infrastructure investment program.
    Sec. 11530. Highway cost allocation study.

         TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

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

                 TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

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

                            TITLE IV--INDIAN AFFAIRS

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

            DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

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

                 TITLE I--MULTIMODAL AND FREIGHT TRANSPORTATION

                      Subtitle A--Multimodal Freight Policy

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

                        Subtitle B--Multimodal Investment

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

      Subtitle C--Railroad Rehabilitation and Improvement Financing Reforms

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

                                 TITLE II--RAIL

    Sec. 22001. Short title.

                   Subtitle A--Authorization of Appropriations

    Sec. 22101. Grants to Amtrak.

    [[Page 135 STAT. 432]]

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

                           Subtitle B--Amtrak Reforms

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

                   Subtitle C--Intercity Passenger Rail Policy

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

                             Subtitle D--Rail Safety

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

                         TITLE III--MOTOR CARRIER SAFETY

    Sec. 23001. Authorization of appropriations.
    Sec. 23002. Motor carrier safety advisory committee.
    Sec. 23003. Combating human trafficking.
    Sec. 23004. Immobilization grant program.
    Sec. 23005. Commercial motor vehicle enforcement training and support.

    [[Page 135 STAT. 433]]

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

                   TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

                       Subtitle A--Highway Traffic Safety

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

                           Subtitle B--Vehicle Safety

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

                        TITLE V--RESEARCH AND INNOVATION

    Sec. 25001. Intelligent Transportation Systems Program Advisory
               Committee.
    Sec. 25002. Smart Community Resource Center.
    Sec. 25003. Federal support for local decisionmaking.
    Sec. 25004. Bureau of Transportation Statistics.
    Sec. 25005. Strengthening mobility and revolutionizing transportation
               grant program.

    [[Page 135 STAT. 434]]

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

                          TITLE VI--HAZARDOUS MATERIALS

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

                          TITLE VII--GENERAL PROVISIONS

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

       TITLE VIII--SPORT FISH RESTORATION AND RECREATIONAL BOATING SAFETY

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

                               DIVISION C--TRANSIT

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

                               DIVISION D--ENERGY

    Sec. 40001. Definitions.

                   TITLE I--GRID INFRASTRUCTURE AND RESILIENCY

           Subtitle A--Grid Infrastructure Resilience and Reliability

    Sec. 40101. Preventing outages and enhancing the resilience of the
               electric grid.
    Sec. 40102. Hazard mitigation using disaster assistance.

    [[Page 135 STAT. 435]]

    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.

    [[Page 135 STAT. 436]]

    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.

    [[Page 135 STAT. 437]]

    Sec. 40542. Energy efficiency materials pilot program.

                            Subtitle E--Miscellaneous

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

                   TITLE VI--METHANE REDUCTION INFRASTRUCTURE

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

                   TITLE VII--ABANDONED MINE LAND RECLAMATION

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

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

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

                     TITLE IX--WESTERN WATER INFRASTRUCTURE

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

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

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

                        TITLE XI--WAGE RATE REQUIREMENTS

    Sec. 41101. Wage rate requirements.

                            TITLE XII--MISCELLANEOUS

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

            DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

    Sec. 50001. Short title.

    [[Page 135 STAT. 438]]

    Sec. 50002. Definition of Administrator.

                             TITLE I--DRINKING WATER

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

                              TITLE II--CLEAN WATER

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

                              DIVISION F--BROADBAND

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

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

               TITLE II--TRIBAL CONNECTIVITY TECHNICAL AMENDMENTS.

    Sec. 60201. Tribal connectivity technical amendments.

                      TITLE III--DIGITAL EQUITY ACT OF 2021

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

    [[Page 135 STAT. 439]]

    Sec. 60307. General provisions.

             TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE

    Sec. 60401. Enabling middle mile broadband infrastructure.

                        TITLE V--BROADBAND AFFORDABILITY

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

                 TITLE VI--TELECOMMUNICATIONS INDUSTRY WORKFORCE

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

                        DIVISION G--OTHER AUTHORIZATIONS

             TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

    Sec. 70101. Indian Water Rights Settlement Completion Fund.

                          TITLE II--WILDFIRE MITIGATION

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

                            TITLE III--REFORESTATION

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

                          TITLE IV--RECYCLING PRACTICES

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

                        TITLE V--BIOPRODUCT PILOT PROGRAM

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

                             TITLE VI--CYBERSECURITY

                   Subtitle A--Cyber Response and Recovery Act

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

            Subtitle B--State and Local Cybersecurity Improvement Act

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

                     TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

    Sec. 70701. Value for money analysis.

                   TITLE VIII--FEDERAL PERMITTING IMPROVEMENT

    Sec. 70801. Federal permitting improvement.

                      TITLE IX--BUILD AMERICA, BUY AMERICA

                     Subtitle A--Build America, Buy America

    Sec. 70901. Short title.

                    PART I--Buy America Sourcing Requirements

    Sec. 70911. Findings.

    [[Page 135 STAT. 440]]

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

                           PART II--Make It in America

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

                           Subtitle B--BuyAmerican.gov

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

                         Subtitle C--Make PPE in America

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

                           TITLE X--ASSET CONCESSIONS

    Sec. 71001. Asset concessions.

                    TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

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

                         DIVISION H--REVENUE PROVISIONS

                           TITLE I--HIGHWAY TRUST FUND

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

                          TITLE II--CHEMICAL SUPERFUND

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

                          TITLE III--CUSTOMS USER FEES

    Sec. 80301. Extension of customs user fees.

                            TITLE IV--BOND PROVISIONS

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

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

    Sec. 80501. Modification of automatic extension of certain deadlines in
               the case of taxpayers affected by Federally declared
               disasters.

    [[Page 135 STAT. 441]]

    Sec. 80502. Modifications of rules for postponing certain acts by reason
               of service in combat zone or contingency operation.
    Sec. 80503. Tolling of time for filing a petition with the tax court.
    Sec. 80504. Authority to postpone certain tax deadlines by reason of
               significant fires.

                           TITLE VI--OTHER PROVISIONS

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

                            DIVISION I--OTHER MATTERS

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

                           DIVISION J--APPROPRIATIONS

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

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

          TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

               TITLE IV--FINANCIAL SERVICES AND GENERAL GOVERNMENT

                    TITLE V--DEPARTMENT OF HOMELAND SECURITY

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

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

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

                   TITLE IX--GENERAL PROVISIONS--THIS DIVISION

                    DIVISION K--MINORITY BUSINESS DEVELOPMENT

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

                          TITLE I--EXISTING INITIATIVES

            Subtitle A--Market Development, Research, and Information

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

    Subtitle B--Minority Business Development Agency Business Center Program

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

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

    Sec. 100201. Annual diverse business forum on capital formation.

    [[Page 135 STAT. 442]]

    Sec. 100202. Agency study on alternative financing solutions.
    Sec. 100203. Educational development relating to management and
               entrepreneurship.

                TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

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

                 TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

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

             TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

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

          TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

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

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

    Sec. 100701. Administrative powers.
    Sec. 100702. Federal assistance.
    Sec. 100703. Recordkeeping.
    Sec. 100704. Review and report by Comptroller General.
    Sec. 100705. Biannual reports; recommendations.
    Sec. 100706. Separability.
    Sec. 100707. Executive Order 11625.
    Sec. 100708. Authorization of appropriations.

    SEC. 2. <<NOTE: 1 USC 1 note.>>  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.

    [[Page 135 STAT. 443]]

       DIVISION A-- <<NOTE: Surface Transportation Reauthorization Act of
    2021.>> SURFACE TRANSPORTATION
    SEC. 10001. <<NOTE: 23 USC 101 note.>>  SHORT TITLE.

        This division may be cited as the ``Surface Transportation
    Reauthorization Act of 2021''.
    SEC. 10002. <<NOTE: 23 USC 101 note.>>  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. <<NOTE: 23 USC 101 note.>>  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 <<NOTE: Time periods.>> --Authorizations and Programs
    SEC. 11101. AUTHORIZATION OF APPROPRIATIONS.

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

    [[Page 135 STAT. 444]]

                              (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):

    [[Page 135 STAT. 445]]

                        (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--

    [[Page 135 STAT. 446]]

                                                (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.

    [[Page 135 STAT. 447]]

                        (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) <<NOTE: Consultation.>>  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--

    [[Page 135 STAT. 448]]

                        (A) <<NOTE: Determination.>>  be available for
                    obligation in the same manner as if those funds were
                    apportioned under chapter 1 of title 23, United States
                    Code, except that the Federal share of the cost of a
                    project or activity carried out using those funds shall
                    be 80 percent, unless otherwise expressly provided by
                    this division (including the amendments by this
                    division) or otherwise determined by the Secretary; and
                        (B) remain available until expended and not be
                    transferable, except as otherwise provided by this
                    division.

        (d) Pilot Programs.--The following amounts are authorized to be
    appropriated out of the Highway Trust Fund (other than the Mass Transit
    Account):
                (1) Wildlife crossings pilot program.--For the wildlife
            crossings pilot program under section 171 of title 23, United
            States Code--
                        (A) $60,000,000 for fiscal year 2022;
                        (B) $65,000,000 for fiscal year 2023;
                        (C) $70,000,000 for fiscal year 2024;
                        (D) $75,000,000 for fiscal year 2025; and
                        (E) $80,000,000 for fiscal year 2026.
                (2) Prioritization process pilot program.--
                        (A) In general.--For the prioritization process
                    pilot program under section 11204, $10,000,000 for each
                    of fiscal years 2022 through 2026.
                        (B) Treatment.--Amounts made available under
                    subparagraph (A) shall be available for obligation in
                    the same manner as if those amounts were apportioned
                    under chapter 1 of title 23, United States Code.
                (3) Reconnecting communities pilot program.--
                        (A) Planning grants.--For planning grants under the
                    reconnecting communities pilot program under section
                    11509(c), $30,000,000 for each of fiscal years 2022
                    through 2026.
                        (B) Capital construction grants.--For capital
                    construction grants under the reconnecting communities
                    pilot program under section 11509(d)--
                              (i) $65,000,000 for fiscal year 2022;
                              (ii) $68,000,000 for fiscal year 2023;
                              (iii) $70,000,000 for fiscal year 2024;
                              (iv) $72,000,000 for fiscal year 2025; and
                              (v) $75,000,000 for fiscal year 2026.
                        (C) Treatment.--Amounts made available under
                    subparagraph (A) or (B) shall be available for
                    obligation in the same manner as if those amounts were
                    apportioned under chapter 1 of title 23, United States
                    Code, except that those amounts shall remain available
                    until expended.

        (e) <<NOTE: 23 USC 101 note.>>  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;

    [[Page 135 STAT. 449]]

                        (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.
                 <<NOTE: Determination.>> (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) <<NOTE: Surveys.>>  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) <<NOTE: Notification.>>  notify the Secretary,
                    in writing, of the percentage of the small business
                    concerns that are controlled by--

    [[Page 135 STAT. 450]]

                              (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) <<NOTE: Criteria.>>  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) <<NOTE: Analyses.>>  analyses of stock
                          ownership;
                              (v) <<NOTE: Lists.>>  listings of equipment;
                              (vi) <<NOTE: Analyses.>>  analyses of bonding
                          capacity;
                              (vii) <<NOTE: Lists.>>  listings of work
                          completed;
                              (viii) <<NOTE: Examination.>>  examination of
                          the resumes of principal owners;
                              (ix) <<NOTE: Analyses.>>  analyses of
                          financial capacity; and
                              (x) <<NOTE: Analyses.>>  analyses of the type
                          of work preferred.
                (6) <<NOTE: Requirements.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 23 USC 104 note.>>  OBLIGATION CEILING.

        (a) General Limitation.--Subject to subsection (e), and
    notwithstanding any other provision of law, the obligations for Federal-

    [[Page 135 STAT. 451]]

    aid highway and highway safety construction programs shall not exceed--
                (1) $57,473,430,072 for fiscal year 2022;
                (2) $58,764,510,674 for fiscal year 2023;
                (3) $60,095,782,888 for fiscal year 2024;
                (4) $61,314,170,545 for fiscal year 2025; and
                (5) $62,657,105,821 for fiscal year 2026.

        (b) Exceptions.--The limitations under subsection (a) shall not
    apply to obligations under or for--
                (1) section 125 of title 23, United States Code;
                (2) section 147 of the Surface Transportation Assistance Act
            of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
                (3) section 9 of the Federal-Aid Highway Act of 1981 (95
            Stat. 1701);
                (4) subsections (b) and (j) of section 131 of the Surface
            Transportation Assistance Act of 1982 (96 Stat. 2119);
                (5) subsections (b) and (c) of section 149 of the Surface
            Transportation and Uniform Relocation Assistance Act of 1987
            (101 Stat. 198);
                (6) sections 1103 through 1108 of the Intermodal Surface
            Transportation Efficiency Act of 1991 (105 Stat. 2027);
                (7) section 157 of title 23, United States Code (as in
            effect on June 8, 1998);
                (8) section 105 of title 23, United States Code (as in
            effect for fiscal years 1998 through 2004, but only in an amount
            equal to $639,000,000 for each of those fiscal years);
                (9) Federal-aid highway programs for which obligation
            authority was made available under the Transportation Equity Act
            for the 21st Century (112 Stat. 107) or subsequent Acts for
            multiple years or to remain available until expended, but only
            to the extent that the obligation authority has not lapsed or
            been used;
                (10) section 105 of title 23, United States Code (as in
            effect for fiscal years 2005 through 2012, but only in an amount
            equal to $639,000,000 for each of those fiscal years);
                (11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
            Stat. 1248), to the extent that funds obligated in accordance
            with that section were not subject to a limitation on
            obligations at the time at which the funds were initially made
            available for obligation;
                (12) section 119 of title 23, United States Code (as in
            effect for fiscal years 2013 through 2015, but only in an amount
            equal to $639,000,000 for each of those fiscal years);
                (13) section 119 of title 23, United States Code (as in
            effect for fiscal years 2016 through 2021, but only in an amount
            equal to $639,000,000 for each of those fiscal years); and
                (14) section 119 of title 23, United States Code (but, for
            fiscal years 2022 through 2026, only in an amount equal to
            $639,000,000 for each of those fiscal years).

        (c) Distribution of Obligation Authority.--For each of fiscal years
    2022 through 2026, the Secretary--
                (1) shall not distribute obligation authority provided by
            subsection (a) for the fiscal year for--
                        (A) amounts authorized for administrative expenses
                    and programs by section 104(a) of title 23, United
                    States Code; and

    [[Page 135 STAT. 452]]

                        (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) <<NOTE: Determination.>>  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.

    [[Page 135 STAT. 453]]

        (d) <<NOTE: Effective dates.>>  Redistribution of Unused Obligation
    Authority.--Notwithstanding subsection (c), the Secretary shall, after
    August 1 of each of fiscal years 2022 through 2026--
                (1) <<NOTE: Revision.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Determination.>>  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:

    [[Page 135 STAT. 454]]

                        ``(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)--

    [[Page 135 STAT. 455]]

                (1) in the matter preceding paragraph (1), by inserting
            ``the carbon reduction program under section 175, to carry out
            subsection (c) of the PROTECT program under section 176,''
            before ``and to carry out section 134'';
                (2) in paragraph (1), by striking ``63.7 percent'' and
            inserting ``59.0771195921461 percent'';
                (3) in paragraph (2), by striking ``29.3 percent'' and
            inserting ``28.7402203421251 percent'';
                (4) in paragraph (3), by striking ``7 percent'' and
            inserting ``6.70605141316253 percent'';
                (5) by striking paragraph (4) and inserting the following:
                ``(4) Congestion mitigation and air quality improvement
            program.--
                        ``(A) In general.--For the congestion mitigation and
                    air quality improvement program, an amount determined
                    for the State under subparagraphs (B) and (C).
                        ``(B) Total amount.--The total amount for the
                    congestion mitigation and air quality improvement
                    program for all States shall be--
                              ``(i) $2,536,490,803 for fiscal year 2022;
                              ``(ii) $2,587,220,620 for fiscal year 2023;
                              ``(iii) $2,638,965,032 for fiscal year 2024;
                              ``(iv) $2,691,744,332 for fiscal year 2025;
                          and
                              ``(v) $2,745,579,213 for fiscal year 2026.
                        ``(C) State share.--For each fiscal year, the
                    Secretary shall distribute among the States the total
                    amount for the congestion mitigation and air quality
                    improvement program under subparagraph (B) so that each
                    State receives an amount equal to the proportion that--
                              ``(i) the amount apportioned to the State for
                          the congestion mitigation and air quality
                          improvement program for fiscal year 2020; bears to
                              ``(ii) the total amount of funds apportioned
                          to all States for that program for fiscal year
                          2020.'';
                (6) in paragraph (5)--
                        (A) by striking subparagraph (B) and inserting the
                    following:
                        ``(B) Total amount.--The total amount set aside for
                    the national highway freight program for all States
                    shall be--
                              ``(i) $1,373,932,519 for fiscal year 2022;
                              ``(ii) $1,401,411,169 for fiscal year 2023;
                              ``(iii) $1,429,439,392 for fiscal year 2024;
                              ``(iv) $1,458,028,180 for fiscal year 2025;
                          and
                              ``(v) $1,487,188,740 for fiscal year 2026.'';
                          and
                        (B) by striking subparagraph (D); and
                (7) by striking paragraph (6) and inserting the following:
                ``(6) Metropolitan planning.--
                        ``(A) In general.--To carry out section 134, an
                    amount determined for the State under subparagraphs (B)
                    and (C).
                        ``(B) Total amount.--The total amount for
                    metropolitan planning for all States shall be--
                              ``(i) $ 438,121,139 for fiscal year 2022;
                              ``(ii) $446,883,562 for fiscal year 2023;
                              ``(iii) $455,821,233 for fiscal year 2024;
                              ``(iv) $464,937,657 for fiscal year 2025; and

    [[Page 135 STAT. 456]]

                              ``(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''.

    [[Page 135 STAT. 457]]

        (d) Metropolitan Planning.--Section 104(d)(1)(A) of title 23, United
    States Code, is amended by striking ``paragraphs (5)(D) and (6) of
    subsection (b)'' each place it appears and inserting ``subsection
    (b)(6)''.
        (e) Supplemental Funds.--Section 104 of title 23, United States
    Code, is amended by striking subsection (h).
        (f) Base Apportionment Defined.--Section 104 of title 23, United
    States Code, is amended--
                (1) by redesignating subsection (i) as subsection (h); and
                (2) in subsection (h) (as so redesignated)--
                        (A) by striking ``means'' in the matter preceding
                    paragraph (1) and all that follows through ``the
                    combined amount'' in paragraph (1) and inserting ``means
                    the combined amount'';
                        (B) by striking ``and to carry out section 134;
                    minus'' and inserting ``the carbon reduction program
                    under section 175, to carry out subsection (c) of the
                    PROTECT program under section 176, and to carry out
                    section 134.''; and
                        (C) by striking paragraph (2).
    SEC. 11105. NATIONAL HIGHWAY PERFORMANCE PROGRAM.

        Section 119 of title 23, United States Code, is amended--
                (1) in subsection (b)--
                        (A) in paragraph (2), by striking ``and'' at the
                    end;
                        (B) in paragraph (3), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(4) to provide support for activities to increase the
            resiliency of the National Highway System to mitigate the cost
            of damages from sea level rise, extreme weather events,
            flooding, wildfires, or other natural disasters.'';
                (2) in subsection (d)(2), by adding at the end the
            following:
                        ``(Q) Undergrounding public utility infrastructure
                    carried out in conjunction with a project otherwise
                    eligible under this section.
                        ``(R) Resiliency improvements on the National
                    Highway System, including protective features described
                    in subsection (k)(2).
                        ``(S) Implement activities to protect segments of
                    the National Highway System from cybersecurity
                    threats.'';
                (3) in subsection (e)(4)(D), by striking ``analysis'' and
            inserting ``analyses, both of which shall take into
            consideration extreme weather and resilience''; and
                (4) by adding at the end the following:

        ``(k) Protective Features.--
                ``(1) In general.--A State may use not more than 15 percent
            of the funds apportioned to the State under section 104(b)(1)
            for each fiscal year for 1 or more protective features on a
            Federal-aid highway or bridge not on the National Highway
            System, if the protective feature is designed to mitigate the
            risk of recurring damage or the cost of future repairs from
            extreme weather events, flooding, or other natural disasters.
                ``(2) Protective features described.--A protective feature
            referred to in paragraph (1) includes--
                        ``(A) raising roadway grades;

    [[Page 135 STAT. 458]]

                        ``(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.

    [[Page 135 STAT. 459]]

                        ``(B) Protective features described.--A protective
                    feature referred to in subparagraph (A) includes--
                              ``(i) raising roadway grades;
                              ``(ii) relocating roadways in a floodplain to
                          higher ground above projected flood elevation
                          levels or away from slide prone areas;
                              ``(iii) stabilizing slide areas;
                              ``(iv) stabilizing slopes;
                              ``(v) lengthening or raising bridges to
                          increase waterway openings;
                              ``(vi) increasing the size or number of
                          drainage structures;
                              ``(vii) replacing culverts with bridges or
                          upsizing culverts;
                              ``(viii) installing seismic retrofits on
                          bridges;
                              ``(ix) adding scour protection at bridges,
                          installing riprap, or adding other scour, stream
                          stability, coastal, or other hydraulic
                          countermeasures, including spur dikes; and
                              ``(x) the use of natural infrastructure to
                          mitigate the risk of recurring damage or the cost
                          of future repair from extreme weather, flooding,
                          and other natural disasters.''.
    SEC. 11107. FEDERAL SHARE PAYABLE.

        Section 120 of title 23, United States Code, is amended--
                (1) in subsection (c)--
                        (A) in paragraph (1), in the first sentence, by
                    inserting ``vehicle-to-infrastructure communication
                    equipment,'' after ``breakaway utility poles,'';
                        (B) in subparagraph (3)(B)--
                              (i) in clause (v), by striking ``or'' at the
                          end;
                              (ii) by redesignating clause (vi) as clause
                          (vii); and
                              (iii) by inserting after clause (v) the
                          following:
                              ``(vi) contractual provisions that provide
                          safety contingency funds to incorporate safety
                          enhancements to work zones prior to or during
                          roadway construction activities; or''; and
                        (C) by adding at the end the following:
                ``(4) <<NOTE: Waiver authority.>>  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.--

    [[Page 135 STAT. 460]]

                ``(1) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 461]]

                                    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) <<NOTE: Reports. Analysis.>>  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:

    [[Page 135 STAT. 462]]

                              ``(ii) <<NOTE: Determination.>>  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)'';

    [[Page 135 STAT. 463]]

                        (B) in paragraph (3), by striking ``and'' at the
                    end;
                        (C) by redesignating paragraph (4) as paragraph (5);
                    and
                        (D) by inserting after paragraph (3) the following:
                ``(4) for a bridge project for the replacement of a low
            water crossing (as defined by the Secretary) with a bridge;
            and'';
                (3) in subsection (d)--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``reservation'' and inserting ``set
                          aside''; and
                              (ii) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``the percentage
                                    specified in paragraph (6) for a fiscal
                                    year'' and inserting ``55 percent for
                                    each of fiscal years 2022 through
                                    2026''; and
                                        (II) by striking clauses (ii) and
                                    (iii) and inserting the following:
                              ``(ii) in urbanized areas of the State with an
                          urbanized area population of not less than 50,000
                          and not more than 200,000;
                              ``(iii) in urban areas of the State with a
                          population not less than 5,000 and not more than
                          49,999; and
                              ``(iv) in other areas of the State with a
                          population less than 5,000; and'';
                        (B) by striking paragraph (3) and inserting the
                    following:
                ``(3) Local consultation.--
                        ``(A) Consultation with metropolitan planning
                    organizations.--For purposes of clause (ii) of paragraph
                    (1)(A), a State shall--
                              ``(i) establish a process to consult with all
                          metropolitan planning organizations in the State
                          that represent an urbanized area described in that
                          clause; and
                              ``(ii) describe how funds allocated for areas
                          described in that clause will be allocated
                          equitably among the applicable urbanized areas
                          during the period of fiscal years 2022 through
                          2026.
                        ``(B) Consultation with regional transportation
                    planning organizations.--For purposes of clauses (iii)
                    and (iv) of paragraph (1)(A), before obligating funding
                    attributed to an area with a population less than
                    50,000, a State shall consult with the regional
                    transportation planning organizations that represent the
                    area, if any.''; and
                        (C) by striking paragraph (6);
                (4) in subsection (e)(1), in the matter preceding
            subparagraph (A), by striking ``fiscal years 2016 through 2020''
            and inserting ``fiscal years 2022 through 2026'';
                (5) in subsection (f)--
                        (A) in paragraph (1)--
                              (i) by inserting ``or low water crossing (as
                          defined by the Secretary)'' after ``a highway
                          bridge''; and
                              (ii) by inserting ``or low water crossing (as
                          defined by the Secretary)'' after ``other than a
                          bridge'';
                        (B) in paragraph (2)(A)--
                              (i) by striking ``activities described in
                          subsection (b)(2) for off-system bridges'' and
                          inserting ``activities

    [[Page 135 STAT. 464]]

                          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) <<NOTE: Determination.>>  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--

    [[Page 135 STAT. 465]]

                              ``(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) <<NOTE: Plan.>>  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

    [[Page 135 STAT. 466]]

                              ``(ii) the Secretary approves the plan
                          submitted under clause (i).'';
                        (C) by striking paragraph (3) and inserting the
                    following:
                ``(3) Eligible projects.--Funds set aside under this
            subsection may be obligated for--
                        ``(A) projects or activities described in section
                    101(a)(29) or 213, as those provisions were in effect on
                    the day before the date of enactment of the FAST Act
                    (Public Law 114-94; 129 Stat. 1312);
                        ``(B) projects and activities under the safe routes
                    to school program under section 208; and
                        ``(C) activities in furtherance of a vulnerable road
                    user safety assessment (as defined in section
                    148(a)).'';
                        (D) in paragraph (4)--
                              (i) by striking subparagraph (A);
                              (ii) by redesignating subparagraph (B) as
                          subparagraph (A);
                              (iii) in subparagraph (A) (as so
                          redesignated)--
                                        (I) by redesignating clauses (vii)
                                    and (viii) as clauses (viii) and (ix),
                                    respectively;
                                        (II) by inserting after clause (vi)
                                    the following:
                              ``(vii) a metropolitan planning organization
                          that serves an urbanized area with a population of
                          200,000 or fewer;'';
                                        (III) in clause (viii) (as so
                                    redesignated), by striking
                                    ``responsible'' and all that follows
                                    through ``programs; and'' and inserting
                                    a semicolon;
                                        (IV) in clause (ix) (as so
                                    redesignated)--
                                                (aa) by inserting ``that
                                            serves an urbanized area with a
                                            population of over 200,000''
                                            after ``metropolitan planning
                                            organization''; and
                                                (bb) by striking the period
                                            at the end and inserting ``;
                                            and''; and
                                        (V) by adding at the end the
                                    following:
                              ``(x) a State, at the request of an entity
                          described in clauses (i) through (ix).''; and
                              (iv) by adding at the end the following:
                        ``(B) Competitive process.--A State or metropolitan
                    planning organization required to obligate funds in
                    accordance with paragraph (2) shall develop a
                    competitive process to allow eligible entities to submit
                    projects for funding that achieve the objectives of this
                    subsection.
                        ``(C) Selection.--A metropolitan planning
                    organization for an area described in subsection
                    (d)(1)(A)(i) shall select projects under the competitive
                    process described in subparagraph (B) in consultation
                    with the relevant State.
                        ``(D) Prioritization.--The competitive process
                    described in subparagraph (B) shall include
                    prioritization of project location and impact in high-
                    need areas as defined by the State, such as low-income,
                    transit-dependent, rural, or other areas.'';
                        (E) in paragraph (5)(A), by striking ``reserved
                    under this section'' and inserting ``set aside under
                    this subsection'';
                        (F) in paragraph (6)--
                              (i) in subparagraph (B), by striking
                          ``reserved'' and inserting ``set aside''; and

    [[Page 135 STAT. 467]]

                              (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) <<NOTE: Applicability. Certification.>>
                    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--

    [[Page 135 STAT. 468]]

                                        ``(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) <<NOTE: Certification.>>  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) <<NOTE: Reviews.>>  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) <<NOTE: Transfer authority.>>  transfer
                    portions of the funds retained under subparagraph (A) to
                    the relevant Administrators to fund

    [[Page 135 STAT. 469]]

                    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) <<NOTE: Determination.>>  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:

    [[Page 135 STAT. 470]]

                        ``(C) the effect of the proposed project on safety
                    on freight corridors with significant hazards, such as
                    high winds, heavy snowfall, flooding, rockslides,
                    mudslides, wildfire, wildlife crossing onto the roadway,
                    or steep grades.''; and
                        (C) by adding at the end the following:
                ``(4) Requirement.--Of the amounts reserved under paragraph
            (1), not less than 30 percent shall be used for projects in
            rural areas (as defined in subsection (i)(3)).'';
                (7) in subsection (f)(2), by inserting ``(including a
            project to replace or rehabilitate a culvert, or to reduce
            stormwater runoff for the purpose of improving habitat for
            aquatic species)'' after ``environmental mitigation'';
                (8) in subsection (h)--
                        (A) in paragraph (2), by striking ``and'' at the
                    end;
                        (B) in paragraph (3), by striking the period at the
                    end and inserting a semicolon; and
                        (C) by adding at the end the following:
                ``(4) enhancement of freight resilience to natural hazards
            or disasters, including high winds, heavy snowfall, flooding,
            rockslides, mudslides, wildfire, wildlife crossing onto the
            roadway, or steep grades;
                ``(5) whether the project will improve the shared
            transportation corridor of a multistate corridor organization,
            if applicable; and
                ``(6) prioritizing projects located in States in which
            neither the State nor an eligible entity in that State has been
            awarded a grant under this section.'';
                (9) in subsection (i)(2), by striking ``other grants under
            this section'' and inserting ``grants under subsection (e)'';
                (10) in subsection (j)--
                        (A) by striking the subsection designation and
                    heading and all that follows through ``The Federal
                    share'' in paragraph (1) and inserting the following:

        ``(j) Federal Assistance.--
                ``(1) Federal share.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B) or for a grant under subsection (q),
                    the Federal share'';
                        (B) in paragraph (1), by adding at the end the
                    following:
                        ``(B) Small projects.--In the case of a project
                    described in subsection (e)(1), the Federal share of the
                    cost of the project shall be 80 percent.''; and
                        (C) in paragraph (2)--
                              (i) by striking ``Federal assistance other''
                          and inserting ``Except for grants under subsection
                          (q), Federal assistance other''; and
                              (ii) by striking ``except that the total
                          Federal'' and inserting the following: ``except
                          that--
                        ``(A) for a State with a population density of not
                    more than 80 persons per square mile of land area, based
                    on the 2010 census, the maximum share of the total
                    Federal assistance provided for a project receiving a
                    grant under this section shall be the applicable share
                    under section 120(b); and
                        ``(B) for a State not described in subparagraph (A),
                    the total Federal'';

    [[Page 135 STAT. 471]]

                (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) <<NOTE: Grants.>>  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) <<NOTE: Reports.>>  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

    [[Page 135 STAT. 472]]

            and Infrastructure of the House of Representatives a report
            describing the proposed grant, including--
                        ``(A) <<NOTE: Evaluation.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Criteria.>>  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) <<NOTE: Web posting.>>  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.--

    [[Page 135 STAT. 473]]

                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  conduct an assessment
                    of the establishment, solicitation, selection, and
                    justification process with respect to the funding of
                    projects under this section; and
                        ``(B) <<NOTE: Reports.>>  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) <<NOTE: Grants.>>  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.

    [[Page 135 STAT. 474]]

                ``(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) <<NOTE: Applicability.>>  Set-asides.--
                        ``(A) Small projects.--
                              ``(i) In general.--Of the amounts reserved
                          under paragraph (4)(A), the Secretary shall
                          reserve for each fiscal year not less than 10
                          percent for projects eligible for a grant under
                          subsection (e).
                              ``(ii) Requirement.--For a grant awarded from
                          the amount reserved under clause (i)--
                                        ``(I) the requirements of subsection
                                    (e) shall apply; and
                                        ``(II) the requirements of
                                    subsection (g) shall not apply.
                        ``(B) Rural projects.--
                              ``(i) In general.--Of the amounts reserved
                          under paragraph (4)(A), the Secretary shall
                          reserve for each fiscal year not less than 25
                          percent for projects eligible for a grant under
                          subsection (i).
                              ``(ii) Requirement.--For a grant awarded from
                          the amount reserved under clause (i), the
                          requirements of subsection (i) shall apply.
                ``(6) Report to congress.--Not later than 2 years after the
            date of enactment of this subsection, the Secretary shall submit
            to the Committee on Environment and Public Works and the
            Committee on Commerce, Science, and Transportation of the Senate
            and the Committee on Transportation and Infrastructure of the
            House of Representatives a report that describes the
            administration of the pilot program, including--
                        ``(A) the number, types, and locations of eligible
                    applicants that have applied for grants under the pilot
                    program;
                        ``(B) the number, types, and locations of grant
                    recipients under the pilot program;
                        ``(C) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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.

    [[Page 135 STAT. 475]]

        ``(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, <<NOTE: 23 USC 101 prec.>>  is amended by striking
    the item relating to section 117 and inserting the following:

    ``117. Nationally significant multimodal freight and highway
               projects.''.

        (c) <<NOTE: 23 USC 117 note.>>  Efficient Use of Non-Federal
    Funds.--
                (1) <<NOTE: Grants. Applicability.>>  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.

    [[Page 135 STAT. 476]]

                              ``(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) <<NOTE: Definition.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Definitions.>>  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

    [[Page 135 STAT. 477]]

                        ``(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) <<NOTE: Requirement.>>  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

    [[Page 135 STAT. 478]]

            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) <<NOTE: Deadline.>>  In general.--Not later than 2
            years after the date of enactment of this subsection, each State
            shall complete a vulnerable road user safety assessment.
                ``(2) Contents.--A vulnerable road user safety assessment
            under paragraph (1) shall include--
                        ``(A) <<NOTE: Analysis. Data.>>  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) <<NOTE: Strategies.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadlines. Updates. 23 USC 148 note.>>  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) <<NOTE: Web posting.>>  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

    [[Page 135 STAT. 479]]

            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

    [[Page 135 STAT. 480]]

                        (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) <<NOTE: Determinations.>>  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

    [[Page 135 STAT. 481]]

                              (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) <<NOTE: Determinations.>>  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 135 STAT. 482]]

                        ``(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. <<NOTE: Canada.>>  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

    [[Page 135 STAT. 483]]

    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) <<NOTE: Definition.>>  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) <<NOTE: 23 USC 147 note.>>  Diesel Fuel Ferry Vessels.--
                (1) <<NOTE: Determination.>>  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:

    [[Page 135 STAT. 484]]

    ``Sec. 124. <<NOTE: Grants. 23 USC 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.

    [[Page 135 STAT. 485]]

                ``(2) Grant amounts.--Except as otherwise provided, a grant
            under the program shall be--
                        ``(A) in the case of a large project, in an amount
                    that is--
                              ``(i) adequate to fully fund the project (in
                          combination with other financial resources
                          identified in the application); and
                              ``(ii) not less than $50,000,000; and
                        ``(B) in the case of any other eligible project, in
                    an amount that is--
                              ``(i) adequate to fully fund the project (in
                          combination with other financial resources
                          identified in the application); and
                              ``(ii) not less than $2,500,000.
                ``(3) Maximum amount.--Except as otherwise provided, for an
            eligible project receiving assistance under the program, the
            amount of assistance provided by the Secretary under this
            section, as a share of eligible project costs, shall be--
                        ``(A) in the case of a large project, not more than
                    50 percent; and
                        ``(B) in the case of any other eligible project, not
                    more than 80 percent.
                ``(4) Federal share.--
                        ``(A) Maximum federal involvement.--Federal
                    assistance other than a grant under the program may be
                    used to satisfy the non-Federal share of the cost of a
                    project for which a grant is made, except that the total
                    Federal assistance provided for a project receiving a
                    grant under the program may not exceed the Federal share
                    for the project under section 120.
                        ``(B) Off-system bridges.--In the case of an
                    eligible project for an off-system bridge (as defined in
                    section 133(f)(1))--
                              ``(i) Federal assistance other than a grant
                          under the program may be used to satisfy the non-
                          Federal share of the cost of a project; and
                              ``(ii) notwithstanding subparagraph (A), the
                          total Federal assistance provided for the project
                          shall not exceed 90 percent of the total eligible
                          project costs.
                        ``(C) Federal land management agencies and tribal
                    governments.--Notwithstanding any other provision of
                    law, Federal funds other than Federal funds made
                    available under this section may be used to pay the
                    remaining share of the cost of a project under the
                    program by a Federal land management agency or a Tribal
                    government or consortium of Tribal governments.
                ``(5) Considerations.--
                        ``(A) In general.--In awarding grants under the
                    program, the Secretary shall consider--
                              ``(i) in the case of a large project, the
                          ratings assigned under subsection (g)(5)(A);
                              ``(ii) in the case of an eligible project
                          other than a large project, the quality rating
                          assigned under subsection (f)(3)(A)(ii);
                              ``(iii) the average daily person and freight
                          throughput supported by the eligible project;

    [[Page 135 STAT. 486]]

                              ``(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) <<NOTE: Determinations.>>  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:

    [[Page 135 STAT. 487]]

                ``(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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadlines.>>  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--

    [[Page 135 STAT. 488]]

                              ``(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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 489]]

                    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) <<NOTE: Determination.>>  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) <<NOTE: Recommenda- tions. Determination.>>
            Evaluation.--The Secretary may recommend a large project for
            funding in the annual report under paragraph (6), or, in the
            case of the first fiscal year for which funds are made available
            for obligation for grants under the program, immediately execute
            a grant agreement for a large project, only if the Secretary
            evaluates the proposed project and determines that the project
            is justified because the project--
                        ``(A) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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;

    [[Page 135 STAT. 490]]

                              ``(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) <<NOTE: Analysis.>>  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) <<NOTE: List.>>  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) <<NOTE: Payments.>>  the grant amounts
                          that the Secretary recommends providing to large
                          projects in the next fiscal year, including--

    [[Page 135 STAT. 491]]

                                        ``(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) <<NOTE: Proposed schedule.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>
                                            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.

    [[Page 135 STAT. 492]]

        ``(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) <<NOTE: Schedule. Deadline.>>  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) <<NOTE: Determination.>>  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.--

    [[Page 135 STAT. 493]]

                              ``(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) <<NOTE: Reimbursement.>>  if the eligible
                    entity uses funds as described in subparagraph (A), the
                    funds used shall be reimbursed from the amount made
                    available under the multiyear grant agreement for the
                    project.

        ``(k) Undertaking Parts of Projects in Advance Under Letters of No
    Prejudice.--
                ``(1) In general.--The Secretary may pay to an applicant all
            eligible project costs under the program, including costs for an
            activity for an eligible project incurred prior to the date on
            which the project receives funding under the program if--
                        ``(A) <<NOTE: Advance approval.>>  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) <<NOTE: Records.>>  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).

    [[Page 135 STAT. 494]]

                ``(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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Evaluation.>>  an evaluation and justification
            for the eligible project; and
                ``(2) the amount of the proposed grant.

        ``(o) Reports.--
                ``(1) <<NOTE: Web posting.>>  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.--

    [[Page 135 STAT. 495]]

                ``(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) <<NOTE: Determination.>>  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, <<NOTE: 23 USC 101 prec.>>  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. <<NOTE: 23 USC 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.--

    [[Page 135 STAT. 496]]

                ``(1) In general.--Subject to paragraphs (2), (3), and (4),
            amounts made available to carry out this section for a fiscal
            year shall be apportioned among the States so that each State
            receives the amount equal to the proportion that--
                        ``(A) the total student enrollment in primary,
                    middle, and high schools in each State; bears to
                        ``(B) the total student enrollment in primary,
                    middle, and high schools in all States.
                ``(2) Minimum apportionment.--No State shall receive an
            apportionment under this section for a fiscal year of less than
            $1,000,000.
                ``(3) Set-aside for administrative expenses.--Before
            apportioning under this subsection amounts made available to
            carry out this section for a fiscal year, the Secretary shall
            set aside not more than $3,000,000 of those amounts for the
            administrative expenses of the Secretary in carrying out this
            section.
                ``(4) Determination of student enrollments.--Determinations
            under this subsection relating to student enrollments shall be
            made by the Secretary.

        ``(e) Administration of Amounts.--Amounts apportioned to a State
    under this section shall be administered by the State department of
    transportation.
        ``(f) Eligible Recipients.--Amounts apportioned to a State under
    this section shall be used by the State to provide financial assistance
    to State, local, Tribal, and regional agencies, including nonprofit
    organizations, that demonstrate an ability to meet the requirements of
    this section.
        ``(g) Eligible Projects and Activities.--
                ``(1) Infrastructure-related projects.--
                        ``(A) In general.--Amounts apportioned to a State
                    under this section may be used for the planning, design,
                    and construction of infrastructure-related projects that
                    will substantially improve the ability of students to
                    walk and bicycle to school, including sidewalk
                    improvements, traffic calming and speed reduction
                    improvements, pedestrian and bicycle crossing
                    improvements, on-street bicycle facilities, off-street
                    bicycle and pedestrian facilities, secure bicycle
                    parking facilities, and traffic diversion improvements
                    in the vicinity of schools.
                        ``(B) Location of projects.--Infrastructure-related
                    projects under subparagraph (A) may be carried out on
                    any public road or any bicycle or pedestrian pathway or
                    trail in the vicinity of schools.
                ``(2) Noninfrastructure-related activities.--
                        ``(A) In general.--In addition to projects described
                    in paragraph (1), amounts apportioned to a State under
                    this section may be used for noninfrastructure-related
                    activities to encourage walking and bicycling to school,
                    including public awareness campaigns and outreach to
                    press and community leaders, traffic education and
                    enforcement in the vicinity of schools, student sessions
                    on bicycle and pedestrian safety, health, and
                    environment, and funding for training, volunteers, and
                    managers of safe routes to school programs.
                        ``(B) Allocation.--Not less than 10 percent and not
                    more than 30 percent of the amount apportioned to a

    [[Page 135 STAT. 497]]

                    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) <<NOTE: Grants.>>  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, <<NOTE: 23 USC 201 prec.>>  is amended by inserting after
            the item relating to section 207 the following:

    ``208. Safe routes to school.''.

                (2) <<NOTE: Repeal.>>  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. <<NOTE: 23 USC 148 note.>>  VULNERABLE ROAD USER
                                RESEARCH.

        (a) Definitions.--In this subsection:

    [[Page 135 STAT. 498]]

                (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) <<NOTE: Evaluation.>>  tools to evaluate the impact of
            transportation improvements on projected rates and safety of
            bicycling and walking; and
                (4) <<NOTE: Determination.>>  other research areas to be
            determined by the Administrator.

        (c) Vulnerable Road User Assessments.--The Administrator shall--
                (1) <<NOTE: Reviews. Determination.>>  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) <<NOTE: Recommenda- tions.>>  the
                    recommendations of the Secretary with respect to the
                    collection and reporting of data on the safety of
                    vulnerable road users.

        (d) <<NOTE: Deadlines.>>  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).

    [[Page 135 STAT. 499]]

    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. <<NOTE: Grants. 23 USC 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.--

    [[Page 135 STAT. 500]]

                ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Determination.>>  Any other criteria
                    relevant to reducing the number of wildlife-vehicle
                    collisions and improving habitat connectivity for
                    terrestrial and aquatic species, as the Secretary
                    determines to be appropriate, subject to the condition
                    that the implementation of the pilot program shall not
                    be delayed in the absence of action by the Secretary to
                    identify additional criteria under this subparagraph.

        ``(f) Use of Funds.--
                ``(1) In general.--The Secretary shall ensure that a grant
            received under the pilot program is used for a project to reduce
            wildlife-vehicle collisions.
                ``(2) Grant administration.--
                        ``(A) In general.--A grant received under the pilot
                    program shall be administered by--
                              ``(i) in the case of a grant to a Federal land
                          management agency or an Indian tribe (as defined
                          in section 207(m)(1), including a Native village
                          and a Native Corporation (as those terms are
                          defined in section 3 of the Alaska Native Claims
                          Settlement Act (43 U.S.C.

    [[Page 135 STAT. 501]]

                          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) <<NOTE: Urban and rural areas.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Evaluation.>>  an evaluation of the
                    effectiveness of the pilot program in meeting the
                    purposes described in subsection (b); and

    [[Page 135 STAT. 502]]

                        ``(C) <<NOTE: Recommenda- tions.>>  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, <<NOTE: 23 USC 101 prec.>>  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. <<NOTE: 23 USC 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) <<NOTE: Update.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Review.>>  conduct a thorough
                          review of research and data relating to--
                                        ``(I) wildlife-vehicle collisions;
                                    and
                                        ``(II) habitat fragmentation that
                                    results from transportation
                                    infrastructure;
                              ``(ii) <<NOTE: Survey.>>  survey current
                          practices of the Department of Transportation and
                          State departments of transportation to reduce
                          wildlife-vehicle collisions; and

    [[Page 135 STAT. 503]]

                              ``(iii) <<NOTE: Consultation.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Recommenda- tions.>>
                          recommendations for preventing wildlife-vehicle
                          collisions, including recommended best practices,
                          funding resources, or other recommendations for
                          addressing wildlife-vehicle collisions; and
                              ``(iv) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 504]]

                        ``(A) make the series of courses developed under
                    paragraph (1) available for transportation and fish and
                    wildlife professionals; and
                        ``(B) <<NOTE: Updates.>>  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) <<NOTE: Survey.>>  survey existing
                          methodologies and sources of data collection,
                          including the Fatality Analysis Reporting System,
                          the General Estimates System of the National
                          Automotive Sampling System, and the Highway Safety
                          Information System; and
                              ``(ii) to the extent practicable, identify and
                          correct limitations of those existing
                          methodologies and sources of data collection.
                        ``(C) Consultation.--In developing the standardized
                    methodology under subparagraph (A), the Secretary shall
                    consult with--
                              ``(i) the Secretary of the Interior;
                              ``(ii) the Secretary of Agriculture, acting
                          through the Chief of the Forest Service;
                              ``(iii) Tribal, State, and local
                          transportation and wildlife authorities;
                              ``(iv) metropolitan planning organizations (as
                          defined in section 134(b));
                              ``(v) members of the American Association of
                          State Highway Transportation Officials;
                              ``(vi) members of the Association of Fish and
                          Wildlife Agencies;
                              ``(vii) experts in the field of wildlife-
                          vehicle collisions;
                              ``(viii) nongovernmental organizations; and
                              ``(ix) other interested stakeholders, as
                          appropriate.
                ``(2) Standardized national data system with voluntary
            template implementation.--The Secretary shall--
                        ``(A) develop a template for State implementation of
                    a standardized national wildlife collision and carcass
                    data system for the National Highway System that is
                    based on the standardized methodology developed under
                    paragraph (1); and
                        ``(B) encourage the voluntary implementation of the
                    template developed under subparagraph (A).
                ``(3) Reports.--
                        ``(A) Methodology.--The Secretary shall submit to
                    Congress a report describing the standardized
                    methodology

    [[Page 135 STAT. 505]]

                    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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Determination.>>  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 <<NOTE: 23 USC 101 prec.>>  (as amended
            by subsection (b)(2))

    [[Page 135 STAT. 506]]

            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) <<NOTE: Repeal.>>  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--

    [[Page 135 STAT. 507]]

                (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

    [[Page 135 STAT. 508]]

                        ``(B) 50 percent shall be used for eligible projects
                    on tribal transportation facilities (as defined in
                    section 101(a) of title 23, United States Code).
                ``(2) Requirement.--Not less than 1 eligible project carried
            out using the amount described in paragraph (1)(A) shall be in a
            unit of the National Park System with not less than 3,000,000
            annual visitors.
                ``(3) Availability.--Amounts made available to carry out
            this section shall remain available for a period of 3 fiscal
            years following the fiscal year for which the amounts are
            appropriated.''.
    SEC. 11128. TRIBAL HIGH PRIORITY PROJECTS PROGRAM.

        Section 1123(h) of MAP-21 (23 U.S.C. 202 note; Public Law 112-141)
    is amended--
                (1) by redesignating paragraph (2) as paragraph (3);
                (2) in paragraph (3) (as so redesignated), in the matter
            preceding subparagraph (A), by striking ``paragraph (1)'' and
            inserting ``paragraphs (1) and (2)''; and
                (3) by striking the subsection designation and heading and
            all that follows through the period at the end of paragraph (1)
            and inserting the following:

        ``(h) Funding.--
                ``(1) Set-aside.--For each of fiscal years 2022 through
            2026, of the amounts made available to carry out the tribal
            transportation program under section 202 of title 23, United
            States Code, for that fiscal year, the Secretary shall use
            $9,000,000 to carry out the program.
                ``(2) Authorization of appropriations.--In addition to
            amounts made available under paragraph (1), there is authorized
            to be appropriated $30,000,000 out of the general fund of the
            Treasury to carry out the program for each of fiscal years 2022
            through 2026.''.
    SEC. 11129. STANDARDS.

        Section 109 of title 23, United States Code, is amended--
                (1) in subsection (d)--
                        (A) by striking ``(d) On any'' and inserting the
                    following:

        ``(d) Manual on Uniform Traffic Control Devices.--
                ``(1) In general.--On any'';
                        (B) in paragraph (1) (as so designated), by striking
                    ``promote the safe'' and inserting ``promote the safety,
                    inclusion, and mobility of all users''; and
                        (C) by adding at the end the following:
                ``(2) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 509]]

                    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) <<NOTE: Effective
                          dates. Certification.>>  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

    [[Page 135 STAT. 510]]

                          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) <<NOTE: Determination.>>  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) <<NOTE: Effective
                          dates. Certification.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 23 USC 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.--

    [[Page 135 STAT. 511]]

                ``(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) <<NOTE: Review.>>  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) <<NOTE: Transfer authority.>>  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--

    [[Page 135 STAT. 512]]

                              ``(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) <<NOTE: Determination.>>  Project Requirements.--The Secretary
    may provide a grant under the program to an eligible project only if the
    Secretary determines that the project--
                ``(1) will generate regional economic, mobility, or safety
            benefits;
                ``(2) will be cost effective;
                ``(3) will contribute to the accomplishment of 1 or more of
            the national goals under section 150;
                ``(4) is based on the results of preliminary engineering;
            and
                ``(5) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 513]]

                ``(7) <<NOTE: Coordination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: List. Determination.>>  a list of all
                    applications determined to be eligible for a grant by
                    the Secretary;

    [[Page 135 STAT. 514]]

                        ``(B) each application proposed to be selected for a
                    grant, including a justification for the selection; and
                        ``(C) <<NOTE: Proposal.>>  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) <<NOTE: Deadline. Web posting.>>  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) <<NOTE: Web posting.>>  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)), <<NOTE: 23 USC
    101 prec.>> 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)--

    [[Page 135 STAT. 515]]

                        (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) <<NOTE: Definition.>>  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.''.

    [[Page 135 STAT. 516]]

    SEC. 11135. <<NOTE: 23 USC 109 note.>>  UPDATES TO MANUAL ON
                                UNIFORM TRAFFIC CONTROL DEVICES.

        In carrying out the first update to the Manual on Uniform Traffic
    Control Devices under section 109(d)(2) of title 23, United States Code,
    to the greatest extent practicable, the Secretary shall include updates
    necessary to provide for--
                (1) the protection of vulnerable road users (as defined in
            section 148(a) of title 23, United States Code);
                (2) supporting the safe testing of automated vehicle
            technology and any preparation necessary for the safe
            integration of automated vehicles onto public streets;
                (3) appropriate use of variable message signs to enhance
            public safety;
                (4) the minimum retroreflectivity of traffic control devices
            and pavement markings; and
                (5) any additional recommendations made by the National
            Committee on Uniform Traffic Control Devices that have not been
            incorporated into the Manual on Uniform Traffic Control Devices.

                 Subtitle B--Planning and Performance Management

    SEC. 11201. TRANSPORTATION PLANNING.

        (a) Metropolitan Transportation Planning.--Section 134 of title 23,
    United States Code, is amended--
                (1) in subsection (d)--
                        (A) in paragraph (3), by adding at the end the
                    following:
                        ``(D) Considerations.--In designating officials or
                    representatives under paragraph (2) for the first time,
                    subject to the bylaws or enabling statute of the
                    metropolitan planning organization, the metropolitan
                    planning organization shall consider the equitable and
                    proportional representation of the population of the
                    metropolitan planning area.''; and
                        (B) in paragraph (7)--
                              (i) by striking ``an existing metropolitan
                          planning area'' and inserting ``an existing
                          urbanized area (as defined by the Bureau of the
                          Census)''; and
                              (ii) by striking ``the existing metropolitan
                          planning area'' and inserting ``the area'';
                (2) in subsection (g)--
                        (A) in paragraph (1), by striking ``a metropolitan
                    area'' and inserting ``an urbanized area (as defined by
                    the Bureau of the Census)''; and
                        (B) by adding at the end the following:
                ``(4) Coordination between MPOs.--If more than 1
            metropolitan planning organization is designated within an
            urbanized area (as defined by the Bureau of the Census) under
            subsection (d)(7), the metropolitan planning organizations
            designated within the area shall ensure, to the maximum extent
            practicable, the consistency of any data used in the planning
            process, including information used in forecasting travel
            demand.

    [[Page 135 STAT. 517]]

                ``(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.

    [[Page 135 STAT. 518]]

                        ``(B) Coordination in integrated planning process.--
                    In carrying out the process described in subparagraph
                    (A), a metropolitan planning organization may--
                              ``(i) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 519]]

                                        ``(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. <<NOTE: Deadline. Time period. 23 USC 134 note.>>
                                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. <<NOTE: 23 USC 174.>>  State human capital plans

        ``(a) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 520]]

                              ``(i) to ensure that the transportation
                          mission, goals, and organizational objectives of
                          the State are fully carried out; and
                              ``(ii) to ensure that procurement methods
                          provide the best public value;
                        ``(I) a system for analyzing and evaluating the
                    performance of the State department of transportation
                    with respect to all aspects of human capital management
                    policies, programs, and activities; and
                        ``(J) the manner in which the plan will improve the
                    ability of the State to meet the national policy in
                    support of performance management established under
                    section 150.
                ``(2) Planning period.--If a State develops a human capital
            plan under subsection (a), the plan shall address a 5-year
            forecast period.

        ``(c) <<NOTE: Time period.>>  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) <<NOTE: Records. Web posting.>>  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)), <<NOTE: 23 USC 101
    prec.>>  is amended by inserting after the item relating to section 173
    the following:

    ``174. State human capital plans.''.

    SEC. 11204. <<NOTE: 23 USC 134 note.>>  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.

    [[Page 135 STAT. 521]]

                (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) <<NOTE: Consultation.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Public comment.>>  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) <<NOTE: Criteria.>>  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--

    [[Page 135 STAT. 522]]

                                                (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) <<NOTE: Evaluation.>>  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) <<NOTE: List.>>  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) <<NOTE: Criteria.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: List.>>  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

    [[Page 135 STAT. 523]]

                    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) <<NOTE: Public information.>>  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) <<NOTE: Review.>>  a review of public
                          comments regarding the project;
                              (ii) <<NOTE: Evaluation.>>  an evaluation of
                          public support for the project;
                              (iii) <<NOTE: Assessment.>>  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. <<NOTE: 23 USC 134 note.>>  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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Evaluation.>>  to evaluate the
                          impact of transportation investments, including
                          new roadway capacity, on travel

    [[Page 135 STAT. 524]]

                          behavior and travel demand, including public
                          transportation ridership, induced highway travel,
                          and congestion;
                              (iii) to support more accurate travel demand
                          forecasting by States and metropolitan planning
                          organizations; and
                              (iv) to enhance the capacity of States and
                          metropolitan planning organizations--
                                        (I) to forecast travel demand; and
                                        (II) to track observed travel
                                    behavior responses, including induced
                                    travel, to changes in transportation
                                    capacity, pricing, and land use
                                    patterns.
                (2) Secretarial support.--The Secretary shall seek
            opportunities to support the transportation planning processes
            under sections 134 and 135 of title 23, United States Code,
            through the provision of data to States and metropolitan
            planning organizations to improve the quality of plans, models,
            and forecasts described in this subsection.
                (3) <<NOTE: Public information.>>  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. <<NOTE: 23 USC 134 note.>>  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--

    [[Page 135 STAT. 525]]

                        (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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Definitions.>>  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.

    [[Page 135 STAT. 526]]

                ``(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) <<NOTE: Definitions.>>  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) <<NOTE: Determinations.>>  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) <<NOTE: Reviews.>>  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

    [[Page 135 STAT. 527]]

                              ``(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) <<NOTE: Analysis.>>  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) <<NOTE: Waiver authority.>>  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) <<NOTE: Determination.>>  the lead
                          agency determines that reliance on a single
                          environmental document (as described in
                          subparagraph (A)) would not facilitate timely
                          completion of the environmental review process for
                          the project.''; and
                        (B) by adding at the end the following:
                ``(10) Timely authorizations for major projects.--
                        ``(A) Deadline.--Except as provided in subparagraph
                    (C), all authorization decisions necessary for the
                    construction of a major project shall be completed by
                    not later

    [[Page 135 STAT. 528]]

                    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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 529]]

                                    (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) <<NOTE: Reports.>>  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) <<NOTE: Records.>>  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) <<NOTE: Public
                                    information. Web posting.>>  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) <<NOTE: Deadline. Time period.>>  In general.--Not
            later than 60 days after the date of enactment of this
            subsection, and every 4 years thereafter, the Secretary shall--
                        ``(A) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 530]]

                    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) <<NOTE: List.>>  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) <<NOTE: Deadline. Publication. Notice. Regulations.
                    >>  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, <<NOTE: 23 USC 101 prec.>>  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. <<NOTE: Time period. 23 USC 401 note.>>  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. <<NOTE: Time period. 23 USC 401 note.>>
                                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.

    [[Page 135 STAT. 531]]

        (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. <<NOTE: 23 USC 502 note.>>  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) <<NOTE: Criteria.>>  clearly identifies criteria for
            low-risk and exempt intelligent transportation systems projects,
            with a goal of minimizing unnecessary delay or paperwork burden;
                (2) is consistently implemented by the Department
            nationwide; and
                (3) is disseminated to Federal-aid recipients.

        (c) Savings Provision.--Nothing in this section prevents the
    Secretary from amending part 940 of title 23, Code of Federal
    Regulations (or successor regulations), to reduce State administrative
    burdens.
    SEC. 11305. ALTERNATIVE CONTRACTING METHODS.

        (a) Alternative Contracting Methods for Federal Land Management
    Agencies and Tribal Governments.--Section 201 of title 23, United States
    Code, is amended by adding at the end the following:
        ``(f) Alternative Contracting Methods.--
                ``(1) In general.--Notwithstanding any other provision of
            law (including the Federal Acquisition Regulation), a
            contracting method available to a State under this title may be
            used by the Secretary, on behalf of--
                        ``(A) a Federal land management agency, in using any
                    funds pursuant to section 203, 204, or 308;
                        ``(B) a Federal land management agency, in using any
                    funds pursuant to section 1535 of title 31 for any of
                    the eligible uses described in sections 203(a)(1) and
                    204(a)(1) and paragraphs (1) and (2) of section 308(a);
                    or
                        ``(C) a Tribal government, in using funds pursuant
                    to section 202(b)(7)(D).
                ``(2) Methods described.--The contracting methods referred
            to in paragraph (1) shall include, at a minimum--
                        ``(A) project bundling;
                        ``(B) bridge bundling;
                        ``(C) design-build contracting;
                        ``(D) 2-phase contracting;
                        ``(E) long-term concession agreements; and
                        ``(F) any method tested, or that could be tested,
                    under an experimental program relating to contracting
                    methods carried out by the Secretary.
                ``(3) Effect.--Nothing in this subsection--
                        ``(A) affects the application of the Federal share
                    for the project carried out with a contracting method
                    under this subsection; or

    [[Page 135 STAT. 532]]

                        ``(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) <<NOTE: 23 USC 201 note.>>  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) <<NOTE: Consultation. Procedures.>>  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) <<NOTE: Analysis. Evaluation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: 23 USC 106 note.>>  Definition of Template.--In this
    section, the term ``template'' means a template created by the Secretary
    for Federal-State stewardship and oversight agreements that--

    [[Page 135 STAT. 533]]

                (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) <<NOTE: Deadline. Federal
            Register, publication. Notice.>>  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) <<NOTE: Deadline. Federal Register, publication.>>  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) <<NOTE: Schedule. Plan.>>  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) <<NOTE: Deadlines.>>  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

    [[Page 135 STAT. 534]]

                              (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) <<NOTE: Determinations.>>  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. <<NOTE: 49 USC 301 note.>>  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) <<NOTE: Notice.>>  notice of the proposed guidance; and

    [[Page 135 STAT. 535]]

                (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. <<NOTE: 23 USC 331.>>  Evaluation of projects within
                    an operational right-of-way

        ``(a) Definitions.--
                ``(1) Eligible project or activity.--
                        ``(A) In general.--In this section, the term
                    `eligible project or activity' means a project or
                    activity within an existing operational right-of-way (as
                    defined in section 771.117(c)(22) of title 23, Code of
                    Federal Regulations (or successor regulations))--
                              ``(i)(I) eligible for assistance under this
                          title; or
                              ``(II) administered as if made available under
                          this title;
                              ``(ii) that is--
                                        ``(I) a preventive maintenance,
                                    preservation, or highway safety
                                    improvement project (as defined in
                                    section 148(a)); or
                                        ``(II) a new turn lane that the
                                    State advises in writing to the
                                    Secretary would assist public safety;
                                    and
                              ``(iii) that--
                                        ``(I) is classified as a categorical
                                    exclusion under section 771.117 of title
                                    23, Code of Federal Regulations (or
                                    successor regulations); or
                                        ``(II) if the project or activity
                                    does not receive assistance described in
                                    clause (i) would be considered a
                                    categorical exclusion if the project or
                                    activity received assistance described
                                    in clause (i).
                        ``(B) Exclusion.--The term `eligible project or
                    activity' does not include a project to create a new
                    travel lane.
                ``(2) Preliminary evaluation.--The term `preliminary
            evaluation', with respect to an application described in
            subsection (b)(1), means an evaluation that is customary or
            practicable for the relevant agency to complete within a 45-day
            period for similar applications.
                ``(3) Relevant agency.--The term `relevant agency' means a
            Federal agency, other than the Federal Highway Administration,
            with responsibility for review of an application from a State
            for a permit, approval, or jurisdictional determination for an
            eligible project or activity.

        ``(b) Action Required.--
                ``(1) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 536]]

            eligible project or activity, the head of the relevant agency
            shall--
                        ``(A) <<NOTE: Evaluation.>>  make at least a
                    preliminary evaluation of the application; and
                        ``(B) <<NOTE: Notification.>>  notify the State of
                    the results of the preliminary evaluation under
                    subparagraph (A).
                ``(2) <<NOTE: Notice.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Deadline. Public information. Web
                    posting. Records.>>  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, <<NOTE: 23 USC 301 prec.>>  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.

    [[Page 135 STAT. 537]]

                        ``(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) <<NOTE: Determination. Consultation. Applicability.
                    >>  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.''.

    [[Page 135 STAT. 538]]

    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. <<NOTE: 23 USC 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) <<NOTE: Federal
                          Register, publication.>>  begins on the date on
                          which the Notice of Intent is published in the
                          Federal Register; and

    [[Page 135 STAT. 539]]

                              ``(ii) <<NOTE: Record.>>  ends on the date on
                          which the Secretary issues a record of decision,
                          including, if necessary, a revised record of
                          decision; and
                        ``(B) <<NOTE: Determinations.>>  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, <<NOTE: 23 USC 101 prec.>>  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--

    [[Page 135 STAT. 540]]

                (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) <<NOTE: Time period.>>  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) <<NOTE: Time period. Audit.>>  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. <<NOTE: Time periods.>> 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

    [[Page 135 STAT. 541]]

            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;

    [[Page 135 STAT. 542]]

                              ``(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) <<NOTE: Compliance.>>  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) <<NOTE: Compliance.>>  the early utility
                          relocation project complies with all applicable
                          provisions of law, including regulations issued
                          pursuant to this title;
                              ``(vi) the early utility relocation project
                          follows applicable financial procedures and
                          requirements, including documentation of eligible
                          costs and the requirements under section 109(l),
                          but not including requirements applicable to
                          authorization and obligation of Federal funds;
                              ``(vii) the transportation project for which
                          the early utility relocation project was
                          necessitated was included in the applicable
                          transportation improvement program under section
                          134 or 135;
                              ``(viii) before the cost incurred by a State
                          is approved for Federal participation,
                          environmental compliance pursuant to the National
                          Environmental Policy Act of 1969 (42 U.S.C. 4321
                          et seq.) has been completed for the transportation
                          project for which the early utility relocation
                          project was necessitated; and
                              ``(ix) the transportation project that
                          necessitated the utility relocation activity is
                          approved for construction.
                        ``(C) Savings provision.--Nothing in this paragraph
                    affects other eligibility requirements or authorities
                    for Federal participation in payment of costs incurred
                    for utility relocation activities.

        ``(c) Applicability of Other Provisions.--Nothing in this section
    affects the applicability of other requirements that would otherwise
    apply to an early utility relocation project, including any applicable
    requirements under--
                ``(1) section 138;
                ``(2) the Uniform Relocation Assistance and Real Property
            Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.),
            including regulations under part 24 of title 49, Code of Federal
            Regulations (or successor regulations);
                ``(3) title VI of the Civil Rights Act of 1964 (42 U.S.C.
            2000d et seq.); or

    [[Page 135 STAT. 543]]

                ``(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) <<NOTE: Deadline.>>  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. <<NOTE: 42 USC 15943.>>  CERTAIN GATHERING LINES
                                LOCATED ON FEDERAL LAND AND INDIAN
                                LAND.

        (a) Definitions.--In this section:
                (1) Federal land.--

    [[Page 135 STAT. 544]]

                        (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--

    [[Page 135 STAT. 545]]

                        (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. <<NOTE: 49 USC 308 note.>>  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

    [[Page 135 STAT. 546]]

    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) <<NOTE: Cost estimate.>>  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) <<NOTE: Cost estimate.>>  the current cost estimate for
            the covered project, as adjusted to reflect increases in the
            Consumer Price Index for All Urban Consumers, as published by
            the Bureau of Labor Statistics;
                (7) an explanation for a delay in completion or an increase
            in the original cost estimate for the covered project,
            including, where applicable, any impact of insufficient or
            delayed appropriations; and
                (8) the amount of and rationale for any award, incentive
            fee, or other type of bonus, if any, awarded for the covered
            project.

                           Subtitle D--Climate Change

    SEC. 11401. GRANTS FOR CHARGING AND FUELING INFRASTRUCTURE.

        (a) <<NOTE: 23 USC 151 note.>>  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'';

    [[Page 135 STAT. 547]]

                (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) <<NOTE: Updates.>>  Redesignation.--
                ``(1) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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).

    [[Page 135 STAT. 548]]

                ``(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

    [[Page 135 STAT. 549]]

                              ``(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) <<NOTE: Assessment.>>  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

    [[Page 135 STAT. 550]]

                    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) <<NOTE: Contracts.>>  In general.--An eligible
                    entity receiving a grant under this subsection shall
                    only use the funds in accordance with this paragraph to
                    contract with a private entity for acquisition and
                    installation of publicly accessible electric vehicle
                    charging infrastructure, hydrogen fueling
                    infrastructure, propane fueling infrastructure, or
                    natural gas fueling infrastructure that is directly
                    related to the charging or fueling of a vehicle.
                        ``(B) Location of infrastructure.--Any publicly
                    accessible electric vehicle charging infrastructure,
                    hydrogen fueling infrastructure, propane fueling
                    infrastructure, or natural gas fueling infrastructure
                    acquired and installed with a grant under this
                    subsection shall be located along an alternative fuel
                    corridor designated under this section, on the condition
                    that any affected Indian tribes are consulted before the
                    designation.
                        ``(C) Operating assistance.--
                              ``(i) <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 551]]

                              ``(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) <<NOTE: Contracts.>>  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.

    [[Page 135 STAT. 552]]

                        ``(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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 553]]

                          charging speeds with high-powered capabilities
                          necessary to minimize the time to charge or refuel
                          current and anticipated vehicles.
                        ``(H) <<NOTE: Contracts.>>  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) <<NOTE: Payment.>>  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) <<NOTE: Public information.>>  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. <<NOTE: 23 USC 149 note.>>  REDUCTION OF TRUCK
                                EMISSIONS AT PORT FACILITIES.

        (a) Establishment of Program.--

    [[Page 135 STAT. 554]]

                (1) <<NOTE: Studies.>>  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) <<NOTE: Coordination.>>  coordinate and provide
                    funding to test, evaluate, and deploy projects that
                    reduce port-related emissions from idling trucks,
                    including through the advancement of port
                    electrification and improvements in efficiency, focusing
                    on port operations, including heavy-duty commercial
                    vehicles, and other related projects.
                (2) Consultation.--In carrying out the program under this
            subsection, the Secretary may consult with the Secretary of
            Energy and the Administrator of the Environmental Protection
            Agency.

        (b) Grants.--
                (1) In general.--In carrying out subsection (a)(1)(C), the
            Secretary shall award grants to fund projects that reduce
            emissions at ports, including through the advancement of port
            electrification.
                (2) Cost share.--A grant awarded under paragraph (1) shall
            not exceed 80 percent of the total cost of the project funded by
            the grant.
                (3) Coordination.--In carrying out the grant program under
            this subsection, the Secretary shall--
                        (A) to the maximum extent practicable, leverage
                    existing resources and programs of the Department and
                    other relevant Federal agencies; and
                        (B) <<NOTE: Determination.>>  coordinate with other
                    Federal agencies, as the Secretary determines to be
                    appropriate.
                (4) Application; selection.--
                        (A) <<NOTE: Determination.>>  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) <<NOTE: Deadlines.>>  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) <<NOTE: Recommenda- tions.>>  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

    [[Page 135 STAT. 555]]

                (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. <<NOTE: 23 USC 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

    [[Page 135 STAT. 556]]

                    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) <<NOTE: Certification.>>  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) <<NOTE: Deadline. Consultation.>>  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;

    [[Page 135 STAT. 557]]

                        ``(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) <<NOTE: Time period.>>  Updates.--The carbon reduction
            strategy of a State developed under paragraph (1) shall be
            updated not less frequently than once every 4 years.
                ``(4) <<NOTE: Deadline.>>  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) <<NOTE: Certification.>>  certify that the
                    carbon reduction strategy meets the requirements of
                    paragraph (2); or
                        ``(ii) deny certification of the carbon reduction
                    strategy and specify the actions necessary for the State
                    to take to correct the deficiencies in the process of
                    the State in developing the carbon reduction strategy.
                ``(5) Technical assistance.--At the request of a State, the
            Secretary shall provide technical assistance in the development
            of the carbon reduction strategy under paragraph (1).

        ``(e) Suballocation.--
                ``(1) In general.--For each fiscal year, of the funds
            apportioned to the State under section 104(b)(7)--
                        ``(A) 65 percent shall be obligated, in proportion
                    to their relative shares of the population of the
                    State--
                              ``(i) in urbanized areas of the State with an
                          urbanized area population of more than 200,000;
                              ``(ii) in urbanized areas of the State with an
                          urbanized population of not less than 50,000 and
                          not more than 200,000;
                              ``(iii) in urban areas of the State with a
                          population of not less than 5,000 and not more
                          than 49,999; and
                              ``(iv) in other areas of the State with a
                          population of less than 5,000; and
                        ``(B) the remainder may be obligated in any area of
                    the State.
                ``(2) Metropolitan areas.--Funds attributed to an urbanized
            area under paragraph (1)(A)(i) may be obligated in the
            metropolitan area established under section 134 that encompasses
            the urbanized area.
                ``(3) Distribution among urbanized areas of over 50,000
            population.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the amounts that a State is required
                    to obligate under clauses (i) and (ii) of paragraph
                    (1)(A) shall be obligated in urbanized areas described
                    in those clauses based on the relative population of the
                    areas.
                        ``(B) Other factors.--The State may obligate the
                    funds described in subparagraph (A) based on other
                    factors if--

    [[Page 135 STAT. 558]]

                              ``(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) <<NOTE: Time period.>>  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) <<NOTE: Compliance.>>  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)) <<NOTE: 23 USC 101
    prec.>>  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.--

    [[Page 135 STAT. 559]]

                ``(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) <<NOTE: Grants.>>  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

    [[Page 135 STAT. 560]]

                        ``(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) <<NOTE: Determination.>>  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) <<NOTE: Analysis.>>  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--

    [[Page 135 STAT. 561]]

                (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. <<NOTE: Consultation. Determination.>> --
            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. <<NOTE: 23 USC 176.>>  Promoting Resilient Operations
                    for Transformative, Efficient, and Cost-saving
                    Transportation (PROTECT) program

        ``(a) Definitions.--In this section:
                ``(1) Emergency event.--The term `emergency event' means a
            natural disaster or catastrophic failure resulting in--
                        ``(A) an emergency declared by the Governor of the
                    State in which the disaster or failure occurred; or
                        ``(B) an emergency or disaster declared by the
                    President.
                ``(2) Evacuation route.--The term `evacuation route' means a
            transportation route or system that--
                        ``(A) is owned, operated, or maintained by a
                    Federal, State, Tribal, or local government;
                        ``(B) is used--
                              ``(i) to transport the public away from
                          emergency events; or
                              ``(ii) to transport emergency responders and
                          recovery resources; and
                        ``(C) is designated by the eligible entity with
                    jurisdiction over the area in which the route is located
                    for the purposes described in subparagraph (B).
                ``(3) Program.--The term `program' means the program
            established under subsection (b)(1).
                ``(4) Resilience improvement.--The term `resilience
            improvement' means the use of materials or structural or
            nonstructural techniques, including natural infrastructure--
                        ``(A) that allow a project--
                              ``(i) to better anticipate, prepare for, and
                          adapt to changing conditions and to withstand and
                          respond to disruptions; and
                              ``(ii) to be better able to continue to serve
                          the primary function of the project during and
                          after weather events and natural disasters for the
                          expected life of the project; or

    [[Page 135 STAT. 562]]

                        ``(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) <<NOTE: Grants.>>  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

    [[Page 135 STAT. 563]]

            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-

    [[Page 135 STAT. 564]]

                          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).

    [[Page 135 STAT. 565]]

                ``(3) Planning grants.--Using funds made available under
            this subsection, the Secretary shall provide planning grants to
            eligible entities for the purpose of--
                        ``(A) in the case of a State or metropolitan
                    planning organization, developing a resilience
                    improvement plan under subsection (e)(2);
                        ``(B) resilience planning, predesign, design, or the
                    development of data tools to simulate transportation
                    disruption scenarios, including vulnerability
                    assessments;
                        ``(C) technical capacity building by the eligible
                    entity to facilitate the ability of the eligible entity
                    to assess the vulnerabilities of the surface
                    transportation assets and community response strategies
                    of the eligible entity under current conditions and a
                    range of potential future conditions; or
                        ``(D) evacuation planning and preparation.
                ``(4) Resilience grants.--
                        ``(A) Resilience improvement grants.--
                              ``(i) In general.--Using funds made available
                          under this subsection, the Secretary shall provide
                          resilience improvement grants to eligible entities
                          to carry out 1 or more eligible activities under
                          clause (ii).
                              ``(ii) Eligible activities.--
                                        ``(I) In general.--An eligible
                                    entity may use a resilience improvement
                                    grant under this subparagraph for 1 or
                                    more construction activities to improve
                                    the ability of an existing surface
                                    transportation asset to withstand 1 or
                                    more elements of a weather event or
                                    natural disaster, or to increase the
                                    resilience of surface transportation
                                    infrastructure from the impacts of
                                    changing conditions, such as sea level
                                    rise, flooding, wildfires, extreme
                                    weather events, and other natural
                                    disasters.
                                        ``(II) Inclusions.--An activity
                                    eligible to be carried out under this
                                    subparagraph includes--
                                                ``(aa) resurfacing,
                                            restoration, rehabilitation,
                                            reconstruction, replacement,
                                            improvement, or realignment of
                                            an existing surface
                                            transportation facility eligible
                                            for assistance under this title;
                                                ``(bb) the incorporation of
                                            natural infrastructure;
                                                ``(cc) the upgrade of an
                                            existing surface transportation
                                            facility to meet or exceed a
                                            design standard adopted by the
                                            Federal Highway Administration;
                                                ``(dd) the installation of
                                            mitigation measures that prevent
                                            the intrusion of floodwaters
                                            into surface transportation
                                            systems;
                                                ``(ee) strengthening systems
                                            that remove rainwater from
                                            surface transportation
                                            facilities;
                                                ``(ff) upgrades to and
                                            installation of structural
                                            stormwater controls;

    [[Page 135 STAT. 566]]

                                                ``(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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 567]]

                          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) <<NOTE: Notification.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 568]]

                          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) <<NOTE: Territories.>>  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

    [[Page 135 STAT. 569]]

                                        ``(II) that reduces long-term
                                    infrastructure costs by avoiding larger
                                    future maintenance or rebuilding costs.
                              ``(v) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Disclosure.>>  as part
                                    of the application, identify the
                                    floodplain in which the project is to be
                                    located and disclose that information to
                                    the Secretary; and
                                        ``(II) indicate in the application
                                    whether, if selected, the eligible
                                    entity will implement 1 or more
                                    components of the risk mitigation plan
                                    under section 322 of the Robert T.
                                    Stafford Disaster Relief and Emergency
                                    Assistance Act (42 U.S.C. 5165) with
                                    respect to the area.
                        ``(C) Eligibilities.--The Secretary may make a grant
                    under paragraph (3) or subparagraph (A), (B), or (C) of
                    paragraph (4) only for--
                              ``(i) a highway project eligible for
                          assistance under this title;
                              ``(ii) a public transportation facility or
                          service eligible for assistance under chapter 53
                          of title 49;
                              ``(iii) a facility or service for intercity
                          rail passenger transportation (as defined in
                          section 24102 of title 49); or
                              ``(iv) a port facility, including a facility
                          that--
                                        ``(I) connects a port to other modes
                                    of transportation;
                                        ``(II) improves the efficiency of
                                    evacuations and disaster relief; or
                                        ``(III) aids transportation.
                        ``(D) <<NOTE: Determination.>>  System resilience.--
                    A project for which a grant is provided under paragraph
                    (3) or subparagraph (A), (B),

    [[Page 135 STAT. 570]]

                    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) <<NOTE: Determination.>>
                                    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,

    [[Page 135 STAT. 571]]

                          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) <<NOTE: Determinations.>>  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) <<NOTE: Transfer authority.>>  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.

    [[Page 135 STAT. 572]]

        ``(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.--

    [[Page 135 STAT. 573]]

                                        ``(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) <<NOTE: Assessment.>>  shall include a risk-
                    based assessment of vulnerabilities of transportation
                    assets and systems to current and future weather events
                    and natural disasters, such as severe storms, flooding,
                    drought, levee and dam failures, wildfire, rockslides,
                    mudslides, sea level rise, extreme weather, including
                    extreme temperatures, and earthquakes;
                        ``(D) may--
                              ``(i) designate evacuation routes and
                          strategies, including multimodal facilities,
                          designated with consideration for individuals
                          without access to personal vehicles;
                              ``(ii) plan for response to anticipated
                          emergencies, including plans for the mobility of--
                                        ``(I) emergency response personnel
                                    and equipment; and
                                        ``(II) access to emergency services,
                                    including for vulnerable or
                                    disadvantaged populations;
                              ``(iii) describe the resilience improvement
                          policies, including strategies, land-use and
                          zoning changes, investments in natural
                          infrastructure, or performance measures that will
                          inform the transportation investment decisions of
                          the State or metropolitan planning organization
                          with the goal of increasing resilience;
                              ``(iv) include an investment plan that--
                                        ``(I) <<NOTE: List.>>  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

    [[Page 135 STAT. 574]]

                        ``(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) <<NOTE: Assessment.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  subject to
                          paragraph (2), transportation and any other
                          metrics as the Secretary determines to be
                          necessary; and
                              ``(ii) <<NOTE: Procedures.>>  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) <<NOTE: Federal Register, publication.>>
                    publish the proposed metrics in the Federal Register;
                    and
                        ``(B) <<NOTE: Public comment.>>  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

    [[Page 135 STAT. 575]]

            report on the results of the project and the use of the funds
            awarded.
                ``(2) Reports to congress.--
                        ``(A) <<NOTE: Web posting.>>  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) <<NOTE: Recommenda- tions.>>
                          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) <<NOTE: List.>>  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)), <<NOTE: 23 USC 101
    prec.>>  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. <<NOTE: 23 USC 149 note.>>  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

    [[Page 135 STAT. 576]]

            (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) <<NOTE: Grants.>>  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) <<NOTE: Assessment.>>  Conducting an assessment of urban
            heat islands to identify hot spot areas of extreme heat or
            elevated air pollution.
                (2) <<NOTE: Assessment.>>  Conducting a comprehensive tree
            canopy assessment, which shall assess the current tree locations
            and canopy, including--
                        (A) <<NOTE: Inventory.>>  an inventory of the
                    location, species, condition, and health of existing
                    tree canopies and trees on public facilities; and
                        (B) an identification of--

    [[Page 135 STAT. 577]]

                              (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) <<NOTE: Assessment.>>  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) <<NOTE: Plan.>>  Planning activities, including
            developing an investment plan based on the results of the
            assessments carried out under paragraphs (1), (2), and (3).
                (5) Purchasing and deploying cool pavements to mitigate
            urban heat island hot spots.
                (6) Purchasing and deploying porous pavement to mitigate
            flooding and stormwater runoff in--
                        (A) pedestrian-only areas; and
                        (B) areas of low-volume, low-speed vehicular use.
                (7) Purchasing of trees, site preparation, planting of
            trees, ongoing maintenance and monitoring of trees, and
            repairing of storm damage to trees, with priority given to--
                        (A) to the extent practicable, the planting of
                    native species; and
                        (B) projects located in a neighborhood with lower
                    tree cover or higher maximum daytime summer temperatures
                    compared to surrounding neighborhoods.
                (8) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  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.

    [[Page 135 STAT. 578]]

        (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) <<NOTE: Repeal.>>  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, <<NOTE: 23 USC 101 prec.>>  is amended by striking
    the item relating to section 105.
    SEC. 11502. <<NOTE: 23 USC 148 note.>>  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) <<NOTE: Deadline. Grants.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Analysis.>>  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. <<NOTE: 23 USC 120 note.>>  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

    [[Page 135 STAT. 579]]

                        (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) <<NOTE: Verification.>>  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.

    [[Page 135 STAT. 580]]

        (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) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  determines
                          whether a toll credit marketplace is viable and
                          cost-effective;

    [[Page 135 STAT. 581]]

                              (ii) describes the buying and selling
                          activities under the pilot program;
                              (iii) describes the average sale price of toll
                          credits;
                              (iv) <<NOTE: Determination.>>  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) <<NOTE: Public information. Web posting.>>  make
                    the report under subparagraph (A) publicly available on
                    the website of the Department.

        (g) Termination.--
                (1) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions. Rural and urban areas.>>  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) <<NOTE: Recommenda- tions.>>  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;

    [[Page 135 STAT. 582]]

                        (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) <<NOTE: Determination.>>  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) <<NOTE: Assessment.>>  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--

    [[Page 135 STAT. 583]]

                              (i) have low levels of vehicle ownership; and
                              (ii) lack sufficient active transportation
                          infrastructure routes to public transportation;
                        (B) <<NOTE: Evaluation.>>  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) <<NOTE: Review.>>  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) <<NOTE: Recommenda- tions.>>  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

    [[Page 135 STAT. 584]]

                        (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. <<NOTE: 40 USC 14323.>>  Congressional notification

        ``(a) <<NOTE: Time period.>>  In General.--In the case of a project
    described in subsection (b), the Appalachian Regional Commission shall
    provide to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Environment and Public
    Works of the Senate notice of the award of a grant or other financial
    assistance not less than 3 full business days before awarding the grant
    or other financial assistance.

        ``(b) Projects Described.--A project referred to in subsection (a)
    is a project that the Appalachian Regional Commission has selected to
    receive a grant or other financial assistance under this subtitle in an
    amount not less than $50,000.''.
                (2) Clerical amendment.--The analysis for subchapter II of
            chapter 143 of subtitle IV of title 40, United States
            Code, <<NOTE: 40 USC 14301 prec.>> 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) <<NOTE: Grants. Contracts.>>  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--

    [[Page 135 STAT. 585]]

                ``(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. <<NOTE: 40 USC 14511.>>  Appalachian regional energy
                        hub initiative

        ``(a) <<NOTE: Grants. Contracts.>>  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

    [[Page 135 STAT. 586]]

            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, <<NOTE: 40 USC
            14501 prec.>>  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:

    [[Page 135 STAT. 587]]

                ``(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. <<NOTE: 23 USC 106 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Reviews. Compliance.>>  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) <<NOTE: Certification.>>  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) <<NOTE: Notification.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 588]]

                        (B) by redesignating subparagraph (D) as
                    subparagraph (E); and
                        (C) by inserting after subparagraph (C) the
                    following:
                        ``(D) <<NOTE: Analysis.>>  for a project in which
                    the project sponsor intends to carry out the project
                    through a public-private partnership agreement, shall
                    include a detailed value for money analysis or similar
                    comparative analysis for the project; and''.
                (2) Surface transportation block grant program.--Paragraph
            (21) of section 133(b) of title 23, United States Code (as
            redesignated by section 1109(a)(1)(C)), is amended by inserting
            ``, including conducting value for money analyses or similar
            comparative analyses,'' after ``oversight''.
                (3) TIFIA.--Section 602(a) of title 23, United States Code,
            is amended by adding at the end the following:
                ``(11) Public-private partnerships.--In the case of a
            project to be carried out through a public-private partnership,
            the public partner shall have--
                        ``(A) <<NOTE: Analysis.>>  conducted a value for
                    money analysis or similar comparative analysis; and
                        ``(B) <<NOTE: Determination.>>  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. <<NOTE: 23 USC 101 note.>>  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) <<NOTE: Study.>>  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;

    [[Page 135 STAT. 589]]

                        (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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 590]]

                              (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) <<NOTE: Evaluation.>>  evaluate applications for
                    a planning grant on the basis of the demonstration by
                    the applicant that--
                              (i) <<NOTE: Time period.>>  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--

    [[Page 135 STAT. 591]]

                                        (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) <<NOTE: Evaluation.>>  evaluate applications on
                    the basis of--
                              (i) the degree to which the project will
                          improve mobility and access through the removal of
                          barriers;
                              (ii) the appropriateness of removing,
                          retrofitting, or mitigating the eligible facility,
                          based on current traffic patterns and the ability
                          of the replacement facility and the regional
                          transportation network to absorb transportation
                          demand and provide safe mobility and access;
                              (iii) the impact of the project on freight
                          movement;
                              (iv) the results of a cost-benefit analysis of
                          the project;
                              (v) the opportunities for inclusive economic
                          development;
                              (vi) the degree to which the eligible facility
                          is out of context with the current or planned land
                          use;
                              (vii) the results of any feasibility study
                          completed for the project; and
                              (viii) the plan of the applicant for--
                                        (I) employing residents in the area
                                    impacted by the project through targeted
                                    hiring programs, in partnership with
                                    registered apprenticeship programs, if
                                    applicable; and
                                        (II) contracting and subcontracting
                                    with disadvantaged business enterprises.
                (5) Minimum award amounts.--A capital construction grant
            shall be in an amount not less than $5,000,000 per recipient.
                (6) Federal share.--
                        (A) In general.--Subject to subparagraph (B), a
                    capital construction grant may not exceed 50 percent of
                    the total cost of the project for which the grant is
                    awarded.
                        (B) Maximum federal involvement.--Federal assistance
                    other than a capital construction grant may be used to
                    satisfy the non-Federal share of the cost of a project
                    for which the grant is awarded, except that the total
                    Federal assistance provided for a project for which the
                    grant is awarded may not exceed 80 percent of the total
                    cost of the project.
                (7) Community advisory board.--
                        (A) In general.--To help achieve inclusive economic
                    development benefits with respect to the project for
                    which a grant is awarded, a grant recipient may form a
                    community advisory board, which shall--
                              (i) facilitate community engagement with
                          respect to the project; and
                              (ii) track progress with respect to
                          commitments of the grant recipient to inclusive
                          employment, contracting, and economic development
                          under the project.

    [[Page 135 STAT. 592]]

                        (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) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>>  evaluates the existing
                    Federal-aid program eligibility under title 23, United
                    States Code, for highway removal projects;
                        (D) <<NOTE: Analysis.>> 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) <<NOTE: Recommenda- tions.>>  provides
                    recommendations for integrating those assessments into
                    transportation planning and decision-making processes.

        (f) <<NOTE: Time period.>>  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. <<NOTE: 23 USC 101 note.>>  CYBERSECURITY TOOL; CYBER
                                COORDINATOR.

        (a) Definitions.--In this section:

    [[Page 135 STAT. 593]]

                (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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  consult with
                    appropriate transportation authorities, operating
                    agencies, industry stakeholders, and cybersecurity
                    experts; and
                        (E) <<NOTE: Public comment. Review.>>  provide for a
                    period of public comment and review on the tool.

        (c) Designation of Cyber Coordinator.--
                (1) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 594]]

                        (D) alert transportation authorities to cyber
                    incidents that affect those transportation authorities;
                        (E) <<NOTE: Investigation.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Evaluation. Time period. Effective date.>>
            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) <<NOTE: Time period. Effective date.>>  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) <<NOTE: Estimates.>>  estimates the future need for
            emerging alternative fueling infrastructure to support the
            adoption and use of emerging alternative fuel vehicles; and
                (6) <<NOTE: Evaluation.>>  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. <<NOTE: Determinations. 23 USC 206 note.>>  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).

    [[Page 135 STAT. 595]]

                (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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Estimate. Time period.>> in the case of
                    the first report submitted under this paragraph, an
                    estimate of the frequency with which the Secretary
                    anticipates carrying out the assessment under paragraph
                    (1), subject to the condition that such an assessment
                    shall be carried out not less frequently than once every
                    5 years.

        (c) Consultation.--In carrying out an assessment under subsection
    (b)(1), the Secretary may consult with, as the Secretary determines to
    be appropriate--
                (1) the heads of--
                        (A) State agencies designated by Governors pursuant
                    to section 206(c)(1) of title 23, United States Code, to
                    administer the recreational trails program; and
                        (B) division offices of the Department;
                (2) the Secretary of the Treasury;
                (3) the Administrator of the Federal Highway Administration;
            and
                (4) groups representing recreational activities and
            interests, including hiking, biking and mountain biking,
            horseback riding, water trails, snowshoeing, cross-country
            skiing, snowmobiling, off-highway motorcycling, all-terrain
            vehicles and other offroad motorized vehicle activities, and
            recreational trail advocates.
    SEC. 11513. BUY AMERICA.

        Section 313 of title 23, United States Code, is amended--
                (1) by redesignating subsection (g) as subsection (h); and
                (2) by inserting after subsection (f) the following:

        ``(g) Waivers.--
                ``(1) <<NOTE: Deadline.>>  In general.--Not less than 15
            days before issuing a waiver under this section, the Secretary
            shall provide to the public--

    [[Page 135 STAT. 596]]

                        ``(A) <<NOTE: Notice.>>  notice of the proposed
                    waiver;
                        ``(B) <<NOTE: Public comment.>>  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. <<NOTE: State listing.>>  HIGH PRIORITY CORRIDORS ON
                                THE NATIONAL HIGHWAY SYSTEM.

        (a) High Priority Corridors.--Section 1105(c) of the Intermodal
    Surface Transportation Efficiency Act of 1991 (Public Law 102-240; 105
    Stat. 2032; 133 Stat. 3018) is amended--
                (1) by striking paragraph (84) and inserting the following:
                ``(84) The Central Texas Corridor, including the route--
                        ``(A) commencing in the vicinity of Texas Highway
                    338 in Odessa, Texas, running eastward generally
                    following Interstate Route 20, connecting to Texas
                    Highway 158 in the vicinity of Midland, Texas, then
                    following Texas Highway 158 eastward to United States
                    Route 87 and then following United States Route 87
                    southeastward, passing in the vicinity of San Angelo,
                    Texas, and connecting to United States Route 190 in the
                    vicinity of Brady, Texas;
                        ``(B) commencing at the intersection of Interstate
                    Route 10 and United States Route 190 in Pecos County,
                    Texas, and following United States Route 190 to Brady,
                    Texas;
                        ``(C) following portions of United States Route 190
                    eastward, passing in the vicinity of Fort Hood, Killeen,
                    Belton, Temple, Bryan, College Station, Huntsville,
                    Livingston, Woodville, and Jasper, to the logical
                    terminus of Texas Highway 63 at the Sabine River Bridge
                    at Burrs Crossing and including a loop generally
                    encircling Bryan/College Station, Texas;
                        ``(D) following United States Route 83 southward
                    from the vicinity of Eden, Texas, to a logical
                    connection to Interstate Route 10 at Junction, Texas;
                        ``(E) following United States Route 69 from
                    Interstate Route 10 in Beaumont, Texas, north to United
                    States Route 190 in the vicinity of Woodville, Texas;
                        ``(F) following United States Route 96 from
                    Interstate Route 10 in Beaumont, Texas, north to United
                    States Route 190 in the vicinity of Jasper, Texas; and
                        ``(G) following United States Route 190, State
                    Highway 305, and United States Route 385 from Interstate
                    Route 10 in Pecos County, Texas, to Interstate 20 at
                    Odessa, Texas.''; and
                (2) by adding at the end the following:
                ``(92) United States Route 421 from the interchange with
            Interstate Route 85 in Greensboro, North Carolina, to the
            interchange with Interstate Route 95 in Dunn, North Carolina.
                ``(93) The South Mississippi Corridor from the Louisiana and
            Mississippi border near Natchez, Mississippi, to Gulfport,
            Mississippi, shall generally follow--
                        ``(A) United States Route 84 from the Louisiana
                    border at the Mississippi River passing in the vicinity
                    of Natchez,

    [[Page 135 STAT. 597]]

                    Brookhaven, Monticello, Prentiss, and Collins,
                    Mississippi, to the logical terminus with Interstate
                    Route 59 in the vicinity of Laurel, Mississippi, and
                    continuing on Interstate Route 59 south to the vicinity
                    of Hattiesburg, Mississippi; and
                        ``(B) United States Route 49 from the vicinity of
                    Hattiesburg, Mississippi, south to Interstate Route 10
                    in the vicinity of Gulfport, Mississippi, following
                    Mississippi Route 601 south and terminating near the
                    Mississippi State Port at Gulfport.
                ``(94) The Kosciusko to Gulf Coast corridor commencing at
            the logical terminus of Interstate Route 55 near Vaiden,
            Mississippi, running south and passing east of the vicinity of
            the Jackson Urbanized Area, connecting to United States Route 49
            north of Hattiesburg, Mississippi, and generally following
            United States Route 49 to a logical connection with Interstate
            Route 10 in the vicinity of Gulfport, Mississippi.
                ``(95) The Interstate Route 22 spur from the vicinity of
            Tupelo, Mississippi, running south generally along United States
            Route 45 to the vicinity of Shannon, Mississippi.
                ``(96) The route that generally follows United States Route
            412 from its intersection with Interstate Route 35 in Noble
            County, Oklahoma, passing through Tulsa, Oklahoma, to its
            intersection with Interstate Route 49 in Springdale, Arkansas.
                ``(97) The Louie B. Nunn Cumberland Expressway from the
            interchange with Interstate Route 65 in Barren County, Kentucky,
            east to the interchange with United States Highway 27 in
            Somerset, Kentucky.
                ``(98) The route that generally follows State Route 7 from
            Grenada, Mississippi, to Holly Springs, Mississippi, passing in
            the vicinity of Coffeeville, Water Valley, Oxford, and
            Abbeville, Mississippi, to its logical connection with
            Interstate Route 22 in the vicinity of Holly Springs,
            Mississippi.
                ``(99) The Central Louisiana Corridor commencing at the
            logical terminus of Louisiana Highway 8 at the Sabine River
            Bridge at Burrs Crossing and generally following portions of
            Louisiana Highway 8 to Leesville, Louisiana, and then eastward
            on Louisiana Highway 28, passing in the vicinity of Alexandria,
            Pineville, Walters, and Archie, to the logical terminus of
            United States Route 84 at the Mississippi River Bridge at
            Vidalia, Louisiana.
                ``(100) The Central Mississippi Corridor, including the
            route--
                        ``(A) commencing at the logical terminus of United
                    States Route 84 at the Mississippi River and then
                    generally following portions of United States Route 84
                    passing in the vicinity of Natchez, Brookhaven,
                    Monticello, Prentiss, and Collins, to Interstate Route
                    59 in the vicinity of Laurel, Mississippi, and
                    continuing on Interstate Route 59 north to Interstate
                    Route 20 and on Interstate Route 20 to the Mississippi-
                    Alabama State border; and
                        ``(B) commencing in the vicinity of Laurel,
                    Mississippi, running south on Interstate Route 59 to
                    United States Route 98 in the vicinity of Hattiesburg,
                    connecting to United States Route 49 south then
                    following United States Route 49 south to Interstate
                    Route 10 in the vicinity of

    [[Page 135 STAT. 598]]

                    Gulfport and following Mississippi Route 601 southerly
                    terminating near the Mississippi State Port at Gulfport.
                ``(101) The Middle Alabama Corridor including the route--
                        ``(A) beginning at the Alabama-Mississippi border
                    generally following portions of I-20 until following a
                    new interstate extension paralleling United States
                    Highway 80, specifically--
                        ``(B) crossing Alabama Route 28 near Coatopa,
                    Alabama, traveling eastward crossing United States
                    Highway 43 and Alabama Route 69 near Selma, Alabama,
                    traveling eastwards closely paralleling United States
                    Highway 80 to the south crossing over Alabama Routes 22,
                    41, and 21, until its intersection with I-65 near Hope
                    Hull, Alabama;
                        ``(C) continuing east along the proposed Montgomery
                    Outer Loop south of Montgomery, Alabama where it would
                    next join with I-85 east of Montgomery, Alabama;
                        ``(D) continuing along I-85 east bound until its
                    intersection with United States Highway 280 near
                    Opelika, Alabama or United States Highway 80 near
                    Tuskegee, Alabama;
                        ``(E) generally following the most expedient route
                    until intersecting with existing United States Highway
                    80 (JR Allen Parkway) through Phenix City until
                    continuing into Columbus, Georgia.
                ``(102) The Middle Georgia Corridor including the route--
                        ``(A) beginning at the Alabama-Georgia Border
                    generally following the Fall Line Freeway from Columbus,
                    Georgia to Augusta, Georgia, specifically--
                        ``(B) travelling along United States Route 80 (JR
                    Allen Parkway) through Columbus, Georgia and near Fort
                    Benning, Georgia, east to Talbot County, Georgia where
                    it would follow Georgia Route 96, then commencing on
                    Georgia Route 49C (Fort Valley Bypass) to Georgia Route
                    49 (Peach Parkway) to its intersection with Interstate
                    Route 75 in Byron, Georgia;
                        ``(C) continuing north along Interstate Route 75
                    through Warner Robins and Macon, Georgia where it would
                    meet Interstate Route 16, then following Interstate
                    Route 16 east it would next join United States Route 80
                    and then onto State Route 57;
                        ``(D) commencing with State Route 57 which turns
                    into State Route 24 near Milledgeville, Georgia would
                    then bypass Wrens, Georgia with a newly constructed
                    bypass, and after the bypass it would join United States
                    Route 1 near Fort Gordon into Augusta, Georgia where it
                    will terminate at Interstate Route 520.''.

        (b) Designation as Future Interstates.--Section 1105(e)(5)(A) of the
    Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
    102-240; 109 Stat. 597; 133 Stat. 3018) is amended in the first
    sentence--
                (1) by inserting ``subsection (c)(84),'' after ``subsection
            (c)(83),''; and
                (2) by striking ``and subsection (c)(91)'' and inserting
            ``subsection (c)(91), subsection (c)(92), subsection (c)(93)(A),
            subsection (c)(94), subsection (c)(95), subsection (c)(96),
            subsection

    [[Page 135 STAT. 599]]

            (c)(97), subsection (c)(99), subsection (c)(100), subsection
            (c)(101), and subsection (c)(102)''.

        (c) Numbering of Parkway.--Section 1105(e)(5)(C)(i) of the
    Intermodal Surface Transportation Efficiency Act of 1991 (Public Law
    102-240; 109 Stat. 598; 133 Stat. 3018) is amended--
                (1) by striking the fifteenth sentence and inserting the
            following: ``The route referred to in subsection (c)(84)(A) is
            designated as Interstate Route I-14 North. The route referred to
            in subsection (c)(84)(B) is designated as Interstate Route I-14
            South. The Bryan/College Station, Texas loop referred to in
            subsection (c)(84)(C) is designated as Interstate Route I-
            214.''; and
                (2) by adding at the end the following: ``The route referred
            to in subsection (c)(97) is designated as Interstate Route I-
            365. The routes referred to in subsections (c)(84)(C), (c)(99),
            (c)(100), (c)(101), and (c)(102) are designated as Interstate
            Route I-14. The routes referred to in subparagraphs (D), (E),
            (F), and (G) of subsection (c)(84) and subparagraph (B) of
            subsection (c)(100) shall each be given separate Interstate
            route numbers.''.

        (d) GAO Report on Designation of Segments as Part of Interstate
    System.--
                (1) Definition of applicable segment.--In this subsection,
            the term ``applicable segment'' means the route described in
            paragraph (92) of section 1105(c) of the Intermodal Surface
            Transportation Efficiency Act of 1991 (Public Law 102-240; 105
            Stat. 2032).
                (2) Report.--
                        (A) <<NOTE: Time period.>>  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:

    [[Page 135 STAT. 600]]

                              ``(v) <<NOTE: Kentucky.>>  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. <<NOTE: Evaluations.>>  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

    [[Page 135 STAT. 601]]

            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. <<NOTE: 23 USC 109 note.>>  ROADSIDE HIGHWAY SAFETY
                                HARDWARE.

        (a) <<NOTE: Verification. Determination.>> In General.--To the
    maximum extent practicable, the Secretary shall develop a process for
    third party verification of full-scale crash testing results from crash
    test labs, including a method for formally verifying the testing
    outcomes and providing for an independent pass/fail determination. In
    establishing such a process, the Secretary shall seek to ensure the
    independence of crash test labs by ensuring that those labs have a clear
    separation between device development and testing in cases in which lab
    employees test devices that were developed within the parent
    organization of the employee.

        (b) Continued Issuance of Eligibility Letters.--Until the
    implementation of the process described in subsection (a) is complete,
    the Secretary may, and is encouraged to, ensure that the Administrator
    of the Federal Highway Administration continues to issue Federal-aid
    reimbursement eligibility letters for roadside safety hardware as a
    service to States.
        (c) Report to Congress.--
                (1) <<NOTE: Time period.>>  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) <<NOTE: Summary.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Summary.>>  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

    [[Page 135 STAT. 602]]

                (2) best practices for the design of localized flood control
            using permeable pavement that considers long-term performance
            and cost information.

        (c) <<NOTE: Public information.>>  Publication.--The Secretary shall
    make a report describing the results of the study under subsection (a)
    publicly available.
    SEC. 11519. <<NOTE: 23 USC 125 note.>>  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) <<NOTE: Deadline.>>  Improving the Emergency Relief Program.--
    Not later than 90 days after the date of enactment of this Act, the
    Secretary shall--
                (1) <<NOTE: Revision.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Deadline. Contracts.>>  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) <<NOTE: Estimate.>>  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) <<NOTE: Recommenda-
            tions. Regulations. Determination.>>  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

    [[Page 135 STAT. 603]]

            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) <<NOTE: Examination.>>  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) <<NOTE: Review.>>  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) <<NOTE: Consultation.>>  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. <<NOTE: 23 USC 109 note.>>  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) <<NOTE: Update.>>  Reissuance.--Not later than 1 year after the
    date of enactment of this Act, the Administrator shall update and
    reissue each

    [[Page 135 STAT. 604]]

    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. <<NOTE: 23 USC 329 note.>>  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) <<NOTE: Grants.>>  Establishment.--The Secretary shall carry out
    a program to provide grants to States to eliminate or control existing
    invasive plants or prevent introduction of or encroachment by new
    invasive plants along and in areas adjacent to transportation corridor
    rights-of-way.

        (c) Application.--To be eligible to receive a grant under the
    program, a State shall submit to the Secretary an application at such
    time, in such manner, and containing such information as the Secretary
    may require.
        (d) Eligible Activities.--
                (1) In general.--Subject to this subsection, a State that
            receives a grant under the program may use the grant funds to
            carry out activities to eliminate or control existing invasive
            plants or prevent introduction of or encroachment by new
            invasive plants along and in areas adjacent to transportation
            corridor rights-of-way.
                (2) Prioritization of projects.--In carrying out the
            program, the Secretary shall give priority to projects that
            utilize revegetation with native plants and wildflowers,
            including those that are pollinator-friendly.
                (3) Prohibition on certain uses of funds.--Amounts provided
            to a State under the program may not be used for costs relating
            to mowing a transportation corridor right-of-way or the adjacent
            area unless--
                        (A) mowing is identified as the best means of
                    treatment according to best management practices; or
                        (B) mowing is used in conjunction with another
                    treatment.

    [[Page 135 STAT. 605]]

                (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

    [[Page 135 STAT. 606]]

                        (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) <<NOTE: Public information. Web
                          posting.>>  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) <<NOTE: Reports.>>  report
                                    the results of the audit, together with
                                    the results of the audit under paragraph
                                    (3)(B), to the Secretary.
                              ``(ii) <<NOTE: Notice.>>  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) <<NOTE: Determination.>>
                          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

    [[Page 135 STAT. 607]]

            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.)''.

    [[Page 135 STAT. 608]]

        (m) Section 202 of title 23, United States Code, is amended--
                (1) by striking ``(25 U.S.C. 450 et seq.)'' each place it
            appears and inserting ``(25 U.S.C. 5301 et seq.)'';
                (2) in subsection (a)(10)(B), by striking ``(25 U.S.C.
            450e(b))'' and inserting ``(25 U.S.C. 5307(b))''; and
                (3) in subsection (b)(5), in the matter preceding
            subparagraph (A), by inserting ``the'' after ``agreement
            under''.

        (n) Section 206(d)(2)(G) of title 23, United States Code, is amended
    by striking ``use of recreational trails'' and inserting ``uses of
    recreational trails''.
        (o) Section 207 of title 23, United States Code, is amended--
                (1) in subsection (g)--
                        (A) by striking ``(25 U.S.C. 450j-1)'' and inserting
                    ``(25 U.S.C. 5325)''; and
                        (B) by striking ``(25 U.S.C. 450j-1(f))'' and
                    inserting ``(25 U.S.C. 5325(f))'';
                (2) in subsection (l)--
                        (A) in paragraph (1), by striking ``(25 U.S.C.
                    458aaa-5)'' and inserting ``(25 U.S.C. 5386)'';
                        (B) in paragraph (2), by striking ``(25 U.S.C.
                    458aaa-6)'' and inserting ``(25 U.S.C. 5387)'';
                        (C) in paragraph (3), by striking ``(25 U.S.C.
                    458aaa-7)'' and inserting ``(25 U.S.C. 5388)'';
                        (D) in paragraph (4), by striking ``(25 U.S.C.
                    458aaa-9)'' and inserting ``(25 U.S.C. 5390)'';
                        (E) in paragraph (5), by striking ``(25 U.S.C.
                    458aaa-10)'' and inserting ``(25 U.S.C. 5391)'';
                        (F) in paragraph (6), by striking ``(25 U.S.C.
                    458aaa-11)'' and inserting ``(25 U.S.C. 5392)'';
                        (G) in paragraph (7), by striking ``(25 U.S.C.
                    458aaa-14)'' and inserting ``(25 U.S.C. 5395)'';
                        (H) in paragraph (8), by striking ``(25 U.S.C.
                    458aaa-15)'' and inserting ``(25 U.S.C. 5396)''; and
                        (I) in paragraph (9), by striking ``(25 U.S.C.
                    458aaa-17)'' and inserting ``(25 U.S.C. 5398)''; and
                (3) in subsection (m)(2)--
                        (A) by striking ``505'' and inserting ``501''; and
                        (B) by striking ``(25 U.S.C. 450b; 458aaa)'' and
                    inserting ``(25 U.S.C. 5304; 5381)''.

        (p) Section 217(d) of title 23, United States Code, is amended by
    striking ``104(b)(3)'' and inserting ``104(b)(4)''.
        (q) Section 323(d) of title 23, United States Code, is amended in
    the matter preceding paragraph (1), in the second sentence, by inserting
    ``(42 U.S.C. 4321 et seq.)'' after ``of 1969''.
        (r) <<NOTE: Repeal.>>  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, <<NOTE: 23 USC 301
    prec.>>  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.

    [[Page 135 STAT. 609]]

                (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) <<NOTE: Deadline. Study.>>  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;

    [[Page 135 STAT. 610]]

                (5) other Federal entities that provide funding for
            transportation projects; and
                (6) any other stakeholder the Working Group determines
            appropriate.

        (f) <<NOTE: Summaries. Recommenda- tions.>>  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. <<NOTE: 23 USC 332.>>  Pollinator-friendly practices
                    on roadsides and highway rights-of-way

        ``(a) <<NOTE: Grants.>>  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.--

    [[Page 135 STAT. 611]]

                ``(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) <<NOTE: Determination.>>  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.--

    [[Page 135 STAT. 612]]

                ``(1) <<NOTE: Determination.>>  In general.--The Secretary
            shall provide a grant to each eligible entity that submits an
            application under subsection (c), including a plan under
            subsection (d), that the Secretary determines to be
            satisfactory.
                ``(2) Amount of grants.--The amount of a grant under this
            section--
                        ``(A) shall be based on the number of pollinator-
                    friendly practices the eligible entity has implemented
                    or plans to implement; and
                        ``(B) shall not exceed $150,000.

        ``(f) Use of Funds.--An eligible entity that receives a grant under
    this section shall use the funds for the implementation, improvement, or
    further development of the plan under subsection (d).
        ``(g) Federal Share.--The Federal share of the cost of an activity
    carried out with a grant under this section shall be 100 percent.
        ``(h) Best Practices.--The Secretary shall develop and make
    available to eligible entities best practices for, and a priority
    ranking of, pollinator-friendly practices on roadsides and highway
    rights-of-way.
        ``(i) Technical Assistance.--On request of an eligible entity that
    receives a grant under this section, the Secretary shall provide
    technical assistance with the implementation, improvement, or further
    development of a plan under subsection (d).
        ``(j) Administrative Costs.--For each fiscal year, the Secretary may
    use not more than 2 percent of the amounts made available to carry out
    this section for the administrative costs of carrying out this section.
        ``(k) Report.--Not later than 1 year after the date on which the
    first grant is provided under this section, the Secretary shall submit
    to the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the implementation of the program under this
    section.
        ``(l) <<NOTE: Time periods.>> 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)), <<NOTE: 23 USC 301
    prec.>> is amended by adding at the end the following:

    ``332. Pollinator-friendly practices on roadsides and highway rights-of-
               way.''.

    SEC. 11529. <<NOTE: 23 USC 217 note.>>  ACTIVE TRANSPORTATION
                                INFRASTRUCTURE INVESTMENT PROGRAM.

        (a) <<NOTE: Grants.>>  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.--

    [[Page 135 STAT. 613]]

                (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) <<NOTE: Contracts.>>  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) <<NOTE: Plans.>>  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--

    [[Page 135 STAT. 614]]

                        (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) <<NOTE: Deadlines.>>  Grant Timing.--
                (1) <<NOTE: Federal Register, publication.>>  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) <<NOTE: Contracts.>>  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).

    [[Page 135 STAT. 615]]

                (3) Report information.--A report submitted under this
            subsection shall contain the following, with respect to the
            period covered by the applicable report:
                        (A) <<NOTE: List.>> 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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  Authorization of Appropriations.--
                (1) In general.--There is authorized to be appropriated to
            the Secretary to carry out this section $200,000,000 for each of
            fiscal years 2022 through 2026.
                (2) Availability.--The amounts made available to carry out
            this section shall remain available until expended.

        (k) Treatment of Projects.--Notwithstanding any other provision of
    law, a project assisted under this section shall be treated as a project
    on a Federal-aid highway under chapter 1 of title 23, United States
    Code.
        (l) Definitions.--In this section:
                (1) Active transportation.--The term ``active
            transportation'' means mobility options powered primarily by
            human energy, including bicycling and walking.
                (2) Active transportation network.--The term ``active
            transportation network'' means facilities built for active
            transportation, including sidewalks, bikeways, and pedestrian
            and bicycle trails, that connect between destinations within a
            community or metropolitan region.
                (3) Active transportation spine.--The term ``active
            transportation spine'' means facilities built for active
            transportation, including sidewalks, bikeways, and pedestrian
            and bicycle trails that connect between communities,
            metropolitan regions, or States.
                (4) Community.--The term ``community'' means a geographic
            area that is socioeconomically interdependent and may include
            rural, suburban, and urban jurisdictions.
                (5) Eligible organization.--The term ``eligible
            organization'' means--
                        (A) a local or regional governmental organization,
                    including a metropolitan planning organization or
                    regional planning organization or council;
                        (B) a multicounty special district;
                        (C) a State;
                        (D) a multistate group of governments; or
                        (E) an Indian tribe.
                (6) Eligible project.--The term ``eligible project'' means
            an active transportation project or group of projects--
                        (A) within or between a community or group of
                    communities, at least one of which falls within the
                    jurisdiction

    [[Page 135 STAT. 616]]

                    of an eligible organization, which has submitted an
                    application under this section; and
                        (B) that has--
                              (i) a total cost of not less than $15,000,000;
                          or
                              (ii) with respect to planning and design
                          grants, planning and design costs of not less than
                          $100,000.
                (7) Indian tribe.--The term ``Indian tribe'' has the meaning
            given the term in section 4 of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 5304).
                (8) Total project cost.--The term ``total project cost''
            means the sum total of all costs incurred in the development of
            an eligible project that are approved by the Secretary as
            reasonable and necessary, including--
                        (A) the cost of acquiring real property;
                        (B) the cost of site preparation, demolition, and
                    development;
                        (C) expenses related to the issuance of bonds or
                    notes;
                        (D) fees in connection with the planning, execution,
                    and financing of the eligible project;
                        (E) the cost of studies, surveys, plans, permits,
                    insurance, interest, financing, tax, and assessments;
                        (F) the cost of construction, rehabilitation,
                    reconstruction, and equipping the eligible project;
                        (G) the cost of land improvements;
                        (H) contractor fees;
                        (I) the cost of training and education related to
                    the safety of users of any bicycle or pedestrian network
                    or spine constructed as part of an eligible project; and
                        (J) any other cost that the Secretary determines is
                    necessary and reasonable.
    SEC. 11530. HIGHWAY COST ALLOCATION STUDY.

        (a) <<NOTE: Deadline. Coordination. Determination.>>  In General.--
    Not later than 4 years after the date of enactment of this Act, the
    Secretary, in coordination with State departments of transportation,
    shall carry out a highway cost allocation study to determine the direct
    costs of highway use by various types of users.

        (b) <<NOTE: Examination.>>  Inclusions.--The study under subsection
    (a) shall include an examination of--
                (1) the Federal costs occasioned in the design,
            construction, rehabilitation, and maintenance of Federal-aid
            highways by--
                        (A) the use of vehicles of different dimensions,
                    weights, number of axles, and other specifications; and
                        (B) the frequency of those vehicles in the traffic
                    stream;
                (2) <<NOTE: Determination.>>  the safety-, emissions-,
            congestion-, and noise-related costs of highway use by various
            types of users, and other costs as determined by the Secretary;
            and
                (3) the proportionate share of the costs described in
            paragraph (1) that are attributable to each class of highway
            users.

        (c) Requirements.--In carrying out the study under subsection (a),
    the Secretary shall--
                (1) ensure that the study examines only direct costs of
            highway use;
                (2) capture the various driving conditions in different
            geographic areas of the United States;

    [[Page 135 STAT. 617]]

                (3) to the maximum extent practicable, distinguish between
            costs directly occasioned by a highway user class and costs
            occasioned by all highway user classes; and
                (4) compare the costs occasioned by various highway user
            classes with the user fee revenue contributed to the Highway
            Trust Fund by those highway user classes.

        (d) Reports.--
                (1) Interim reports.--Not less frequently than annually
            during the period during which the Secretary is carrying out the
            study under subsection (a), the Secretary shall submit to
            Congress an interim report on the progress of the study.
                (2) <<NOTE: Recommenda- tions.>>  Final report.--On
            completion of the study under subsection (a), the Secretary
            shall submit to Congress a final report on the results of the
            study, including the recommendations under subsection (e).

        (e) <<NOTE: Coordination.>>  Recommendations.--On completion of the
    study under subsection (a), the Secretary, in coordination with the
    Secretary of the Treasury, shall develop recommendations for a set of
    revenue options to fully cover the costs occasioned by highway users,
    including recommendations for--
                (1) changes to existing revenue streams; and
                (2) new revenue streams based on user fees.

         TITLE II--TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION

    SEC. 12001. TRANSPORTATION INFRASTRUCTURE FINANCE AND INNOVATION
                                ACT OF 1998 AMENDMENTS.

        (a) Definitions.--Section 601(a) of title 23, United States Code, is
    amended--
                (1) in subparagraph (E) of paragraph (10), by striking ``3
            years'' and inserting ``5 years''; and
                (2) in paragraph (12)--
                        (A) by striking subparagraph (E) and inserting the
                    following:
                        ``(E) a project to improve or construct public
                    infrastructure--
                              ``(i) that--
                                        ``(I) is located within walking
                                    distance of, and accessible to, a fixed
                                    guideway transit facility, passenger
                                    rail station, intercity bus station, or
                                    intermodal facility, including a
                                    transportation, public utility, or
                                    capital project described in section
                                    5302(3)(G)(v) of title 49, and related
                                    infrastructure; or
                                        ``(II) is a project for economic
                                    development, including commercial and
                                    residential development, and related
                                    infrastructure and activities--
                                                ``(aa) that incorporates
                                            private investment;
                                                ``(bb) that is physically or
                                            functionally related to a
                                            passenger rail station or
                                            multimodal station that includes
                                            rail service;

    [[Page 135 STAT. 618]]

                                            ``(cc) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>>  for which, by not
                          later than September 30, 2026, the Secretary has--
                                        ``(I) received a letter of interest;
                                    and
                                        ``(II) <<NOTE: Determination.>>
                                    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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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,''.

    [[Page 135 STAT. 619]]

        (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) <<NOTE: Estimate. Deadline.>>  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) <<NOTE: Contracts.>> 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) <<NOTE: Deadline. Timeline.>>  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--

    [[Page 135 STAT. 620]]

                              ``(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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>>  Written notice.--The
                    Secretary shall provide to an applicant seeking a
                    secured loan under the expedited decision process under
                    this paragraph a written notice informing the applicant
                    whether the Secretary has approved or disapproved the
                    application by not later than 180 days after the date on
                    which the Secretary submits to the applicant a letter
                    indicating that the National Surface Transportation
                    Innovative Finance Bureau has commenced the
                    creditworthiness review of the project.''.

        (i) Funding.--
                (1) In general.--Section 608(a) of title 23, United States
            Code, is amended--
                        (A) by redesignating paragraphs (4) and (5) as
                    paragraphs (5) and (6), respectively;
                        (B) by inserting after paragraph (3) the following:
                ``(4) Limitation for certain projects.--
                        ``(A) Transit-oriented development projects.--For
                    each fiscal year, the Secretary may use to carry out
                    projects described in section 601(a)(12)(E) not more
                    than 15 percent of the amounts made available to carry
                    out the TIFIA program for that fiscal year.
                        ``(B) Airport-related projects.--The Secretary may
                    use to carry out projects described in section
                    601(a)(12)(G)--
                              ``(i) for each fiscal year, not more than 15
                          percent of the amounts made available to carry out
                          the TIFIA program under the Surface Transportation
                          Reauthorization Act of 2021 for that fiscal year;
                          and
                              ``(ii) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 621]]

            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) <<NOTE: Web postings. Time periods.>>  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) <<NOTE: Cost estimate.>>  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) <<NOTE: Recommenda- tions.>>  recommendations for
            modifications to the TIFIA program.

    [[Page 135 STAT. 622]]

    SEC. 12002. FEDERAL REQUIREMENTS FOR TIFIA ELIGIBILITY AND PROJECT
                                SELECTION.

        (a) In General.--Section 602(c) of title 23, United States Code, is
    amended by adding at the end the following:
                ``(3) Payment and performance security.--
                        ``(A) In general.--The Secretary shall ensure that
                    the design and construction of a project carried out
                    with assistance under the TIFIA program shall have
                    appropriate payment and performance security, regardless
                    of whether the obligor is a State, local government,
                    agency or instrumentality of a State or local
                    government, public authority, or private party.
                        ``(B) Written determination.--If payment and
                    performance security is required to be furnished by
                    applicable State or local statute or regulation, the
                    Secretary may accept such payment and performance
                    security requirements applicable to the obligor if the
                    Federal interest with respect to Federal funds and other
                    project risk related to design and construction is
                    adequately protected.
                        ``(C) No determination or applicable requirements.--
                    If there are no payment and performance security
                    requirements applicable to the obligor, the security
                    under section 3131(b) of title 40 or an equivalent State
                    or local requirement, as determined by the Secretary,
                    shall be required.''.

        (b) <<NOTE: 23 USC 602 note.>>  Applicability.--The amendments made
    by this section shall apply with respect to any agreement for credit
    assistance entered into on or after the date of enactment of this Act.

                 TITLE III--RESEARCH, TECHNOLOGY, AND EDUCATION

    SEC. 13001. <<NOTE: 23 USC 503 note.>>  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.

    [[Page 135 STAT. 623]]

                        (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>>  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--

    [[Page 135 STAT. 624]]

                        (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) <<NOTE: Coordination.>>  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) <<NOTE: Summaries.>>  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) <<NOTE: Effective date. Determination. Transfer
            authority.>>  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. <<NOTE: 23 USC 503 note.>>  NATIONAL MOTOR VEHICLE
                                PER-MILE USER FEE PILOT.

        (a) Definitions.--In this section:
                (1) Advisory board.--The term ``advisory board'' means the
            Federal System Funding Alternative Advisory Board established
            under subsection (g)(1).
                (2) Commercial vehicle.--The term ``commercial vehicle'' has
            the meaning given the term commercial motor vehicle in section
            31101 of title 49, United States Code.

    [[Page 135 STAT. 625]]

                (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) <<NOTE: Coordination.>>  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) <<NOTE: Recommenda- tions.>> to provide
                    recommendations relating to the adoption and
                    implementation of a national motor vehicle per-mile user
                    fee.

        (c) <<NOTE: Coordination.>>  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) <<NOTE: District of Columbia. Puerto Rico.>>  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;

    [[Page 135 STAT. 626]]

                (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) <<NOTE: Coordination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Coordination.>>  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.--

    [[Page 135 STAT. 627]]

                (1) <<NOTE: Deadline.>> 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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Appointments.>> 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) <<NOTE: Determination.>> Any other
                    representatives or entities, as determined appropriate
                    by the Secretary.
                (3) <<NOTE: Deadline.>>  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) <<NOTE: Coordination.>>  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--

    [[Page 135 STAT. 628]]

                (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) <<NOTE: Contracts.>> 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) <<NOTE: Deadlines. Time
    period. Consultation. Estimates.>> 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) <<NOTE: Analysis.>>  Report to Congress.--Not later than 1 year
    after the date on which volunteer participants begin participating in
    the pilot program, and each year thereafter for the duration of the
    pilot program, the Secretary and the Secretary of the Treasury shall
    submit to the Committee on Environment and Public Works of the Senate
    and the Committee on Transportation and Infrastructure of the House of
    Representatives a report that includes an analysis of--
                (1) whether the objectives described in subsection (b)(2)
            were achieved;
                (2) how volunteer participant protections in subsection
            (f)(2) were complied with;
                (3) <<NOTE: Estimates.>>  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) <<NOTE: Time period.>>  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''.

    [[Page 135 STAT. 629]]

    SEC. 13004. <<NOTE: 23 USC 503 note.>>  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) <<NOTE: Time period.>> 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. <<NOTE: 23 USC 503 note.>>  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

    [[Page 135 STAT. 630]]

                        (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) <<NOTE: Time period.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Studies.>>  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)--

    [[Page 135 STAT. 631]]

                              (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) <<NOTE: Consultation.>> 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) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>> disseminating and
                    evaluating information from accelerated market readiness
                    efforts, including non-market-ready technologies, to
                    public and private entities.'';

    [[Page 135 STAT. 632]]

                        (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) <<NOTE: Public information. Web
                    posting.>> Report.--Not later than 2 years after the
                    date of enactment of this subparagraph and every 2 years
                    thereafter, the Secretary shall submit to the Committee
                    on Environment and Public Works of the Senate and the
                    Committee on Transportation and Infrastructure of the
                    House of Representatives and make publicly available on
                    an internet website a report that describes--
                              ``(i) the activities the Secretary has
                          undertaken to carry out the program established
                          under paragraph (1); and
                              ``(ii) how and to what extent the Secretary
                          has worked to disseminate non-market-ready
                          technologies to public and private entities.'';
                        (C) in paragraph (3)--
                              (i) by redesignating subparagraphs (C) and (D)
                          as subparagraphs (D) and (E), respectively;
                              (ii) by inserting after subparagraph (B) the
                          following:
                        ``(C) High-friction surface treatment application
                    study.--
                              ``(i) Definition of institution.--In this
                          subparagraph, the term `institution' means a
                          private sector entity, public agency, research
                          university or other research institution, or
                          organization representing transportation and
                          technology leaders or other transportation
                          stakeholders that, as determined by the Secretary,
                          is capable of working with State highway agencies,
                          the Federal Highway Administration, and the
                          highway construction industry to develop and
                          evaluate new products, design technologies, and
                          construction methods that quickly lead to pavement
                          improvements.
                              ``(ii) <<NOTE: Contracts.>>  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

    [[Page 135 STAT. 633]]

                                        ``(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,

    [[Page 135 STAT. 634]]

                          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) <<NOTE: Time period.>>  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) <<NOTE: Public information. Web
                          posting. Reports.>> 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

    [[Page 135 STAT. 635]]

                                        ``(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) <<NOTE: Analysis.>> 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) <<NOTE: Grants.>>  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--

    [[Page 135 STAT. 636]]

                                        ``(I) to share trips during periods
                                    in which travel demand exceeds system
                                    capacity; or
                                        ``(II) to shift trips to periods in
                                    which travel demand does not exceed
                                    system capacity.'';
                (4) in subparagraph (C)--
                        (A) in clause (i), by striking ``Not later'' and all
                    that follows through ``thereafter'' and inserting ``Each
                    fiscal year for which funding is made available for
                    activities under this paragraph''; and
                        (B) in clause (ii)--
                              (i) in subclause (I), by inserting
                          ``mobility,'' after ``safety,''; and
                              (ii) in subclause (II)--
                                        (I) in item (bb), by striking
                                    ``and'' at the end;
                                        (II) in item (cc), by striking the
                                    period at the end and inserting ``;
                                    and''; and
                                        (III) by adding at the end the
                                    following:
                                                ``(dd) facilitating payment
                                            for transportation services.'';
                (5) in subparagraph (D)--
                        (A) in clause (i), by striking ``Not later'' and all
                    that follows through ``thereafter'' and inserting ``Each
                    fiscal year for which funding is made available for
                    activities under this paragraph''; and
                        (B) in clause (ii)--
                              (i) by striking ``In awarding'' and inserting
                          the following:
                                        ``(I) In general.--Subject to
                                    subclause (II), in awarding''; and
                              (ii) by adding at the end the following:
                                        ``(II) Rural set-aside.--Not less
                                    than 20 percent of the amounts made
                                    available to carry out this paragraph
                                    shall be reserved for projects serving
                                    rural areas.'';
                (6) in subparagraph (E)--
                        (A) by redesignating clauses (iii) through (ix) as
                    clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv),
                    respectively;
                        (B) by inserting after clause (ii) the following:
                              ``(iii) advanced transportation technologies
                          to improve emergency evacuation and response by
                          Federal, State, and local authorities;'';
                        (C) by inserting after clause (viii) (as so
                    redesignated) the following:
                              ``(ix) integrated corridor management systems;
                              ``(x) advanced parking reservation or variable
                          pricing systems;'';
                        (D) in clause (xi) (as so redesignated)--
                              (i) by inserting ``, toll collection,'' after
                          ``pricing''; and
                              (ii) by striking ``or'' at the end;
                        (E) by inserting after clause (xi) (as so
                    redesignated) the following:
                              ``(xii) technology that enhances high
                          occupancy vehicle toll lanes, cordon pricing, or
                          congestion pricing;
                              ``(xiii) integration of transportation service
                          payment systems;'';
                        (F) in clause (xiv) (as so redesignated)--

    [[Page 135 STAT. 637]]

                              (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;

    [[Page 135 STAT. 638]]

                                        ``(II) docked and dockless electric
                                    scooters; and
                                        ``(III) transportation network
                                    companies.
                        ``(B) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: 23 USC 503 note.>>  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;

    [[Page 135 STAT. 639]]

                        (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) <<NOTE: Notice.>>  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) <<NOTE: Recommenda- tions.>>
                                    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) <<NOTE: Notification.>> 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

    [[Page 135 STAT. 640]]

                        (D) by inserting after subparagraph (F) (as so
                    redesignated) the following:
                        ``(G) activities associated with workforce training
                    and employment services, such as targeted outreach and
                    partnerships with industry, economic development
                    organizations, workforce development boards, and labor
                    organizations;'';
                (2) in paragraph (2), by striking ``paragraph (1)(G)'' and
            inserting ``paragraph (1)(I)''; and
                (3) in paragraph (3)--
                        (A) by striking the period at the end and inserting
                    a semicolon;
                        (B) by striking ``including activities'' and
                    inserting the following: ``including--
                        ``(A) activities''; and
                        (C) by adding at the end the following:
                        ``(B) activities that address current workforce
                    gaps, such as work on construction projects, of State
                    and local transportation agencies;
                        ``(C) activities to develop a robust surface
                    transportation workforce with new skills resulting from
                    emerging transportation technologies; and
                        ``(D) activities to attract new sources of job-
                    creating investment.''.

        (b) Transportation Education and Training Development and Deployment
    Program.--Section 504(f) of title 23, United States Code, is amended--
                (1) in the subsection heading, by striking ``Development''
            and inserting ``and Training Development and Deployment'';
                (2) by striking paragraph (1) and inserting the following:
                ``(1) <<NOTE: Grants.>>  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--

    [[Page 135 STAT. 641]]

                        ``(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

    [[Page 135 STAT. 642]]

    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. <<NOTE: 23 USC 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) <<NOTE: Grants.>>  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) <<NOTE: Proposal.>> 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;

    [[Page 135 STAT. 643]]

                              ``(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) <<NOTE: Time period.>>  Grants.--Subject to the availability
    of appropriations, the Secretary shall provide to each Center of
    Excellence a grant of not less than $5,000,000 for each of fiscal years
    2022 through 2031 to carry out the activities described in subsection
    (g).

        ``(g) Activities.--In carrying out this section, the Secretary shall
    ensure that a Center of Excellence uses the funds from a grant under
    subsection (f) to promote resilient transportation infrastructure,
    including through--
                ``(1) supporting climate vulnerability assessments informed
            by climate change science, including national climate
            assessments produced by the United States Global Change Research
            Program under section 106 of the Global Change Research Act of
            1990 (15 U.S.C. 2936), relevant feasibility analyses of
            resilient transportation improvements, and transportation
            resilience planning;
                ``(2) development of new design, operations, and maintenance
            standards for transportation infrastructure that can inform
            Federal and State decisionmaking;
                ``(3) research and development of new materials and
            technologies that could be integrated into existing and new
            transportation infrastructure;
                ``(4) development, refinement, and piloting of new and
            emerging resilience improvements and strategies, including
            natural infrastructure approaches and relocation;
                ``(5) development of and investment in new approaches for
            facilitating meaningful engagement in transportation
            decisionmaking by local, Tribal, regional, or national
            stakeholders and communities;
                ``(6) technical capacity building to facilitate the ability
            of local, regional, Tribal, State, and national stakeholders--
                        ``(A) <<NOTE: Assessment.>> 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) <<NOTE: Strategies.>> to develop strategies
                    and improvements for enhancing transportation
                    infrastructure resilience under

    [[Page 135 STAT. 644]]

                    current conditions and a range of potential future
                    conditions;
                ``(7) workforce development and training;
                ``(8) <<NOTE: Assessments.>> 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, <<NOTE: 23 USC 501 prec.>>  is amended by adding at
    the end the following:

    ``520. Transportation Resilience and Adaptation Centers of
               Excellence.''.

    SEC. 13010. <<NOTE: 23 USC 134 note.>>  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) <<NOTE: Deadline.>>  Establishment.--Not later than 1 year after
    the date of enactment of this Act, the Secretary shall establish a
    transportation pilot program.

        (c) <<NOTE: Contracts. Data.>> 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;

    [[Page 135 STAT. 645]]

                              (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

    [[Page 135 STAT. 646]]

                        (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. <<NOTE: 23 USC 202 note.>>  DEFINITION OF SECRETARY.

        In this title, the term ``Secretary'' means the Secretary of the
    Interior.
    SEC. 14002. <<NOTE: 23 USC 202 note.>>  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.

    [[Page 135 STAT. 647]]

                (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) <<NOTE: Deadline.>>  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) <<NOTE: Schedule.>> 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) <<NOTE: Deadline.>> Decisions under other federal
            laws.--In any case in which a decision under any other Federal
            law relating to a tribal transportation safety project
            (including the issuance or denial of a permit or license) is
            required, not later than 45 days after the Secretary or the
            Secretary of Transportation, as applicable, has made all
            decisions of the lead agency under the National Environmental
            Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to the
            project, the head of the Federal agency responsible for the
            decision shall--
                        (A) make the applicable decision; or
                        (B) <<NOTE: Schedule.>>  provide the Indian tribe a
                    schedule for making the decision.
                (4) <<NOTE: Time period. Notice.>> 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.

    [[Page 135 STAT. 648]]

    SEC. 14003. <<NOTE: Contracts. 23 USC 202 note.>>  PROGRAMMATIC
                                AGREEMENTS FOR TRIBAL CATEGORICAL
                                EXCLUSIONS.

        (a) <<NOTE: Procedures. Reviews.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Requirements.>>  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) <<NOTE: Determinations.>> 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) <<NOTE: Time period. Review.>> 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.''.

    [[Page 135 STAT. 649]]

    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. <<NOTE: 23 USC 202 note.>>  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) <<NOTE: Deadline. Consultation. Evaluation.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Consultation.>> 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) <<NOTE: Consultation.>> 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

    [[Page 135 STAT. 650]]

    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) <<NOTE: Assessment.>>  an identification and
                    assessment of any deficiencies or shortfalls in meeting
                    the goals; and
                        (B) <<NOTE: Plan.>>  a plan to address the
                    deficiencies or shortfalls in meeting the goals; and
                (5) <<NOTE: Recommenda- tions. Determination.>> 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. <<NOTE: Transfer authority. 23 USC 202 note.>>
                                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) <<NOTE: 23 USC 202 note.>>  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) <<NOTE: Deadline. Consultation.>>  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

    [[Page 135 STAT. 651]]

            and used by the Federal Highway Administration, State
            departments of transportation, Indian tribes, and Alaska Native
            villages.
                (3) Report.--On completion of the development of the best
            practices and standardized form under paragraph (1), the
            Secretary of Transportation shall submit to the Committees on
            Indian Affairs and Environment and Public Works of the Senate
            and the Committees on Natural Resources and Transportation and
            Infrastructure of the House of Representatives a report
            describing the best practices and standardized form.

        (c) <<NOTE: Requirements.>> 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.''.

    [[Page 135 STAT. 652]]

         DIVISION B-- <<NOTE: Surface Transportation Investment Act of
    2021.>> SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
    SEC. 20001. <<NOTE: 49 USC 101 note.>>  SHORT TITLE.

        This division may be cited as the ``Surface Transportation
    Investment Act of 2021''.
    SEC. 20002. <<NOTE: 49 USC 101 note.>>  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. <<NOTE: 49 USC 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

    [[Page 135 STAT. 653]]

                ``(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) <<NOTE: Procedures.>>  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) <<NOTE: Appointment. President.>>  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) <<NOTE: Determinations.>>  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;

    [[Page 135 STAT. 654]]

                        ``(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) <<NOTE: Determination.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Requirements.>> the eligibility
                    requirements for those programs.

    [[Page 135 STAT. 655]]

                ``(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) <<NOTE: Deadline. Time period. Determination.>>  Notification
    to Congress.--Not later than 1 year after the date of enactment of this
    section, and not less frequently than once every 180 days thereafter
    until the date on which the Secretary determines that the requirements
    of this section have been met, the Secretary shall submit to the
    Committee on Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a notification that--
                ``(1) describes--
                        ``(A) the programs and activities administered or
                    overseen by the Freight Office; and
                        ``(B) the status of those programs and activities;
                ``(2) identifies--
                        ``(A) the number of employees working in the Freight
                    Office as of the date of the notification;
                        ``(B) the total number of employees expected to join
                    the Freight Office to support the programs and
                    activities described in paragraph (1); and
                        ``(C) the total number of positions that, as a
                    result of the consolidation of offices under this
                    section, were--
                              ``(i) eliminated; or
                              ``(ii) transferred, assigned, or joined to the
                          Freight Office;
                ``(3)(A) indicates whether the Secretary has consolidated
            into the Freight Office any office or office function pursuant
            to subsection (f)(1); and
                ``(B) if the Secretary has consolidated such an office or
            function, describes the rationale for the consolidation;
                ``(4)(A) indicates whether the Secretary has eliminated any
            office pursuant to subsection (f)(2); and
                ``(B) if the Secretary has eliminated such an office,
            describes the rationale for the elimination;
                ``(5) describes any other actions carried out by the
            Secretary to implement this section; and
                ``(6) <<NOTE: Recommenda- tions.>> 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

    [[Page 135 STAT. 656]]

            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) <<NOTE: Recommenda- tions.>>  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, <<NOTE: 49 USC 101 prec.>>  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'';

    [[Page 135 STAT. 657]]

                              (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) <<NOTE: Strategies.>> 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:

    [[Page 135 STAT. 658]]

                        ``(E) <<NOTE: Determination.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Inventory.>> an inventory of commercial ports
            in the State;
                ``(13) <<NOTE: Recommenda- tions.>> 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) <<NOTE: Strategies.>> 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) <<NOTE: Consultation.>>  Commercial Motor Vehicle Parking
    Facilities Assessments.--As part of the development or updating, as
    applicable, of a State freight plan under this section, each State that
    receives funding under section 167 of title 23, in consultation with
    relevant State motor carrier safety personnel, shall conduct an
    assessment of--
                ``(1) the capability of the State, together with the private
            sector in the State, to provide adequate parking facilities and
            rest facilities for commercial motor vehicles engaged in
            interstate transportation;
                ``(2) the volume of commercial motor vehicle traffic in the
            State; and
                ``(3) whether there exist any areas within the State with a
            shortage of adequate commercial motor vehicle parking
            facilities, including an analysis (economic or otherwise, as the
            State determines to be appropriate) of the underlying causes of
            such a shortage.

        ``(g) <<NOTE: Requirement.>> 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

    [[Page 135 STAT. 659]]

                ``(2) incorporate the ability to rapidly restore access and
            reliability with respect to freight transportation.

        ``(h) Approval.--
                ``(1) <<NOTE: Compliance.>> 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.

    <<NOTE: Reports.>>     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) <<NOTE: Estimate.>>  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. <<NOTE: 49 USC 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;

    [[Page 135 STAT. 660]]

                ``(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

    [[Page 135 STAT. 661]]

            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) <<NOTE: Time periods.>> 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

    [[Page 135 STAT. 662]]

                              ``(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, <<NOTE: 49 USC 70201 prec.>>  is amended by striking
    the item relating to section 70204 and inserting the following:

    ``70204. Multi-State freight corridor planning.
    ``70206. Savings provision.''.

    SEC. 21107. STATE FREIGHT ADVISORY COMMITTEES.

        Section 70201 of title 49, United States Code, is amended--
                (1) in subsection (a), by striking ``representatives of
            ports, freight railroads,'' and all that follows through the
            period at the end and inserting the following: ``representatives
            of--
                ``(1) ports, if applicable;
                ``(2) freight railroads, if applicable;
                ``(3) shippers;
                ``(4) carriers;
                ``(5) freight-related associations;
                ``(6) third-party logistics providers;
                ``(7) the freight industry workforce;
                ``(8) the transportation department of the State;
                ``(9) metropolitan planning organizations;
                ``(10) local governments;
                ``(11) the environmental protection department of the State,
            if applicable;
                ``(12) the air resources board of the State, if applicable;
                ``(13) economic development agencies of the State; and
                ``(14) not-for-profit organizations or community
            organizations.'';
                (2) in subsection (b)(5), by striking ``70202.'' and
            inserting ``70202, including by providing advice regarding the
            development of the freight investment plan.'';
                (3) by redesignating subsection (b) as subsection (c); and
                (4) by inserting after subsection (a) the following:

        ``(b) Qualifications.--Each member of a freight advisory committee
    established under subsection (a) shall have qualifications sufficient to
    serve on a freight advisory committee, including, as applicable--
                ``(1) general business and financial experience;
                ``(2) experience or qualifications in the areas of freight
            transportation and logistics;
                ``(3) experience in transportation planning;
                ``(4) experience representing employees of the freight
            industry;
                ``(5) experience representing a State, local government, or
            metropolitan planning organization; or
                ``(6) experience representing the views of a community group
            or not-for-profit organization.''.

    [[Page 135 STAT. 663]]

                        Subtitle B--Multimodal Investment

    SEC. 21201. NATIONAL INFRASTRUCTURE PROJECT ASSISTANCE.

        Subtitle III of title 49, United States Code, <<NOTE: 49 USC 6701
    prec.>>  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. <<NOTE: Grants. 49 USC 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) <<NOTE: Determination.>>  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).

    [[Page 135 STAT. 664]]

        ``(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) <<NOTE: Determination.>> 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--

    [[Page 135 STAT. 665]]

                              ``(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) <<NOTE: Evaluation.>>  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

    [[Page 135 STAT. 666]]

                    subparagraph (B), based on the information contained in
                    the applicable notice published under paragraph (5).
                        ``(B) <<NOTE: Determinations.>>  Ratings.--
                              ``(i) Highly recommended.--The Secretary shall
                          assign a rating of `highly recommended' to
                          projects that, in the determination of the
                          Secretary--
                                        ``(I) are exemplary projects of
                                    national or regional significance; and
                                        ``(II) would provide significant
                                    public benefit, as determined based on
                                    the applicable criteria described in
                                    this subsection, if funded under the
                                    program.
                              ``(ii) Recommended.--The Secretary shall
                          assign a rating of `recommended' to projects that,
                          in the determination of the Secretary--
                                        ``(I) are of national or regional
                                    significance; and
                                        ``(II) would provide public benefit,
                                    as determined based on the applicable
                                    criteria described in this subsection,
                                    if funded under the program.
                              ``(iii) Not recommended.--The Secretary shall
                          assign a rating of `not recommended' to projects
                          that, in the determination of the Secretary,
                          should not receive a grant under the program,
                          based on the applicable criteria described in this
                          subsection.
                        ``(C) Technical assistance.--
                              ``(i) In general.--On request of an eligible
                          entity that submitted an application under
                          subsection (c) for a project that is not selected
                          to receive a grant under the program, the
                          Secretary shall provide to the eligible entity
                          technical assistance and briefings relating to the
                          project.
                              ``(ii) Treatment.--Technical assistance
                          provided under this subparagraph shall not be
                          considered a guarantee of future selection of the
                          applicable project under the program.
                ``(5) <<NOTE: Deadline. Public information. Web
            posting. Notice.>>  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.--

    [[Page 135 STAT. 667]]

                ``(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) <<NOTE: Determination.>>  any other
                          elements that the Secretary determines to be
                          necessary.
                ``(2) <<NOTE: Publication.>>  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) <<NOTE: Data. Requirements.>>  data storage
                    system requirements; and
                        ``(C) <<NOTE: Determination.>> 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) <<NOTE: Time period.>>  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.--

    [[Page 135 STAT. 668]]

                ``(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) <<NOTE: Certification.>>  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--

    [[Page 135 STAT. 669]]

                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: List.>>  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) <<NOTE: Evaluation.>> 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;

    [[Page 135 STAT. 670]]

                        ``(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) <<NOTE: Time period.>>  anticipated funding
                    levels required for the 3 fiscal years beginning after
                    the date of submission of the notice for projects
                    selected for grants under the program, based on
                    information available to the Secretary as of that date.
                ``(2) Congressional disapproval.--The Secretary may not
            provide a grant or any other obligation or commitment to fund a
            project under the program if a joint resolution is enacted
            disapproving funding for the project before the last day of the
            30-day period described in paragraph (1).

        ``(l) Reports.--
                ``(1) <<NOTE: Web posting.>>  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) <<NOTE: List.>> 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) <<NOTE: Time period.>> 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

    [[Page 135 STAT. 671]]

                        ``(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) <<NOTE: Compliance.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Determination.>>  determine the
                          predominant modal component of the project; and
                              ``(ii) <<NOTE: Applicability.>>  apply the
                          applicable requirements described in paragraph (2)
                          of the predominant modal component to the project.
                        ``(B) <<NOTE: Applicability.>> 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. <<NOTE: 49 USC 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;

    [[Page 135 STAT. 672]]

                              ``(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.

    [[Page 135 STAT. 673]]

        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Evaluation.>> Primary selection criteria.--In
            awarding grants under the program, the Secretary shall evaluate
            the extent to which a project--
                        ``(A) improves safety;
                        ``(B) improves environmental sustainability;
                        ``(C) improves the quality of life of rural areas or
                    urbanized areas;
                        ``(D) increases economic competitiveness and
                    opportunity, including increasing tourism opportunities;
                        ``(E) contributes to a state of good repair; and
                        ``(F) improves mobility and community connectivity.
                ``(4) Additional selection criteria.--In selecting projects
            to receive grants under the program, the Secretary shall take
            into consideration the extent to which--
                        ``(A) the project sponsors collaborated with other
                    public and private entities;
                        ``(B) the project adopts innovative technologies or
                    techniques, including--
                              ``(i) innovative technology;
                              ``(ii) innovative project delivery techniques;
                          and
                              ``(iii) innovative project financing;

    [[Page 135 STAT. 674]]

                        ``(C) the project has demonstrated readiness; and
                        ``(D) the project is cost effective.
                ``(5) Transparency.--
                        ``(A) <<NOTE: Evaluation.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Briefings.>>  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

    [[Page 135 STAT. 675]]

            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) <<NOTE: Time period.>> 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) <<NOTE: Web posting.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  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) <<NOTE: Recommenda- tions.>> 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

    [[Page 135 STAT. 676]]

                    under subparagraph (A), including recommendations for
                    improving the administration of the program, if any.''.

        (b) <<NOTE: Reports.>> 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, <<NOTE: 49 USC 5101 prec.>>  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. <<NOTE: 49 USC 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) <<NOTE: Consultation. Fish and fishing.>>  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) <<NOTE: Consultation. Determination. Criteria.>> 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).

    [[Page 135 STAT. 677]]

        ``(e) <<NOTE: Consultation. Procedures.>> Prioritization.--The
    Secretary, in consultation with the Undersecretary and the Director,
    shall establish procedures to prioritize awarding grants under the
    program to--
                ``(1) <<NOTE: Fish and fishing.>>  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) <<NOTE: Consultation.>> Technical Assistance.--The Secretary,
    in consultation with the Undersecretary and the Director, shall develop
    a process to provide technical assistance to Indian Tribes and
    underserved communities to assist in the project design and grant
    process and procedures.

        ``(h) Administrative Expenses.--Of the amounts made available for
    each fiscal year to carry out the program, the Secretary, the
    Undersecretary, and the Director may use not more than 2 percent to pay
    the administrative expenses necessary to carry out this section.
        ``(i) <<NOTE: Time period.>> 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)), <<NOTE: 49 USC 6701
    prec.>>  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. <<NOTE: 49 USC 70205.>>  National multimodal
                        cooperative freight research program

        ``(a) <<NOTE: Deadline.>> 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) <<NOTE: Contracts.>> In general.--The Secretary shall
            enter into an agreement with the National Academy of Sciences to
            support and

    [[Page 135 STAT. 678]]

            carry out administrative and management activities under the
            program established under subsection (a).
                ``(2) <<NOTE: Establishment.>> 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) <<NOTE: Consultation. Recommenda-
                    tions. Strategic plan.>>  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) <<NOTE: Proposals.>> submit to the
                          advisory committee research proposals;
                              ``(ii) <<NOTE: Reviews.>>  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) <<NOTE: Reviews.>>  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;

    [[Page 135 STAT. 679]]

                              ``(vii) publicly accessible websites;
                              ``(viii) publications for the general public;
                          and
                              ``(ix) other appropriate means.
                ``(3) <<NOTE: Public information. Web posting.>> 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 <<NOTE: 49 USC 70201 prec.>>  (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.''.

    [[Page 135 STAT. 680]]

    SEC. 21205. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT.

        (a) <<NOTE: 49 USC 116 note.>>  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.

    [[Page 135 STAT. 681]]

                        (C) Information regarding innovative financing best
                    practices and case studies, if the eligible entity is
                    interested in using innovative financing methods.

        (c) Assistance From Expert Firms.--The Secretary may retain the
    services of expert firms, including counsel, in the field of municipal
    and project finance to assist in providing financial, technical, and
    legal assistance to eligible entities under the pilot program.
        (d) Website.--
                (1) Description of pilot program.--
                        (A) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Deadlines.>>  Approval.--
                              (i) <<NOTE: Notice.>>  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) <<NOTE: Briefing.>>
                                    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.

    [[Page 135 STAT. 682]]

                (3) <<NOTE: Web postings. Reports.>>  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, <<NOTE: 49 USC 22401 prec.>>  is amended--

    [[Page 135 STAT. 683]]

                (1) by inserting after chapter 223 <<NOTE: 49 USC 22401
            prec.>>  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. <<NOTE: 49 USC 22401.>>  Definitions
    ``Sec. 22402. <<NOTE: 49 USC 22402.>>  Direct loans and loan
                        guarantees
    ``Sec. 22403. <<NOTE: 49 USC 22403.>>  Administration of direct
                        loans and loan guarantees
    ``Sec. 22404. <<NOTE: 49 USC 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) <<NOTE: 45 USC 821 note.>>  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

    [[Page 135 STAT. 684]]

                              (ii) by indenting subparagraphs (B) through
                          (F) appropriately; and
                        (B) in each of paragraphs (2) through (14), by
                    inserting a paragraph heading, the text of which is
                    comprised of the term defined in the paragraph.
                (2) Other technical amendments.--Section 22401 of title 49,
            United States Code, as added by subsection (a)(2), and amended
            by subsection (a)(3) and paragraph (1) of this subsection, is
            further amended--
                        (A) in the matter preceding paragraph (1), by
                    striking ``For purposes of this title:'' and inserting
                    ``In this chapter:'';
                        (B) in paragraph (11), by striking ``under this
                    title'' and inserting ``under this chapter'';
                        (C) by amending paragraph (12) to read as follows:
                ``(12) Railroad.--The term `railroad' includes--
                        ``(A) any railroad or railroad carrier (as such
                    terms are defined in section 20102); and
                        ``(B) any rail carrier (as defined in section
                    24102).'';
                        (D) by redesignating paragraph (14) as paragraph
                    (15); and
                        (E) by inserting after paragraph (13) the following:
                ``(14) Secretary.--The term `Secretary' means the Secretary
            of Transportation.''.

        (d) Direct Loans and Loan Guarantees.--Section 22402 of title 49,
    United States Code, as added by subsection (a)(2), and amended by
    subsection (a)(4), is further amended--
                (1) in subsection (a)--
                        (A) in paragraph (2), by inserting ``entities
                    implementing'' before ``interstate compacts'';
                        (B) in paragraph (5)--
                              (i) by inserting ``entities participating in''
                          before ``joint ventures''; and
                              (ii) by striking ``and'' at the end; and
                        (C) by striking paragraph (6) and inserting the
                    following:
                ``(6) limited option freight shippers that own or operate a
            plant or other facility, solely for the purpose of constructing
            a rail connection between a plant or facility and a railroad;
            and
                ``(7) private entities with controlling ownership in 1 or
            more freight railroads other than Class I carriers.'';
                (2) in subsection (b)--
                        (A) by amending paragraph (1) to read as follows:
                ``(1) In general.--Direct loans and loan guarantees
            authorized under this section shall be used--
                        ``(A) to acquire, improve, or rehabilitate
                    intermodal or rail equipment or facilities, including
                    track, components of track, cuts and fills, stations,
                    tunnels, bridges, yards, buildings, and shops, and to
                    finance costs related to those activities, including
                    pre-construction costs;
                        ``(B) to develop or establish new intermodal or
                    railroad facilities;
                        ``(C) to develop landside port infrastructure for
                    seaports serviced by rail;
                        ``(D) to refinance outstanding debt incurred for the
                    purposes described in subparagraph (A) , (B), or (C);

    [[Page 135 STAT. 685]]

                        ``(E) <<NOTE: Reimbursement.>>  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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 686]]

                        (B) by adding at the end the following:
                ``(5) <<NOTE: Deadline.>>  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) <<NOTE: Evaluations.>>  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

    [[Page 135 STAT. 687]]

            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) <<NOTE: Time period.>>  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) <<NOTE: Loans.>>  Streamlined application review
            process.--
                        ``(A) <<NOTE: Deadline. Procedures.>>  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) <<NOTE: Consultation.>>  meet other
                          criteria considered appropriate by the Secretary,
                          in consultation with the Council on Credit and
                          Finance of the Department of Transportation.
                        ``(C) <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 688]]

                    If an application review conducted under this paragraph
                    exceeds 90 days, the Secretary shall--
                              ``(i) <<NOTE: Notice. Estimate.>>  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) <<NOTE: Publication.>>  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) <<NOTE: Schedule.>>  a schedule for
                          the readiness of proposed investments for
                          financing;
                              ``(ix) a description of any Federal permits
                          required, including under the National
                          Environmental Policy Act of 1969 (42 U.S.C. 4321
                          et seq.) and any waivers under section 5323(j)
                          (commonly known as the `Buy America Act');
                              ``(x) other characteristics of the proposed
                          activity to be financed, borrower, key agreements,
                          or the nature of the credit that the Secretary
                          considers to be fundamental to the
                          creditworthiness review;
                              ``(xi) the status of the application in the
                          pre-application review and selection process;
                              ``(xii) the cumulative amounts paid by the
                          Secretary to outside advisors related to the
                          application, including financial and legal
                          advisors;

    [[Page 135 STAT. 689]]

                              ``(xiii) <<NOTE: Determination.>>  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) <<NOTE: Estimate.>>  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--

    [[Page 135 STAT. 690]]

                        (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. <<NOTE: 49 USC 22405.>>  Substantive criteria and
                        standards

        ``The Secretary shall--
                ``(1) <<NOTE: Federal Register, publication. Web
            posting. Determination.>>  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) <<NOTE: Procedures. Guidelines. Deadlines.>>  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. <<NOTE: 49 USC 22406.>>  Authorization of
                        appropriations.

        ``(a) Authorization.--

    [[Page 135 STAT. 691]]

                ``(1) <<NOTE: Time period.>>  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 <<NOTE: 49 USC 20101 prec.>>  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

    [[Page 135 STAT. 692]]

                    Improvement Act (subtitle F of title XI of Public Law
                    114-94) is amended--
                              (i) in section 11607(b) (45 U.S.C. 821 note),
                          by striking ``All provisions under sections 502
                          through 504 of the Railroad Revitalization and
                          Regulatory Reform Act of 1976 (45 U.S.C. 801 et
                          seq.)'' and inserting ``All provisions under
                          section 22402 through 22404 of title 49, United
                          States Code,''; and
                              (ii) in section 11610(b) (45 U.S.C. 821 note),
                          by striking ``section 502(f) of the Railroad
                          Revitalization and Regulatory Reform Act of 1976
                          (45 U.S.C. 822(f)), as amended by section 11607 of
                          this Act'' and inserting ``section 22402(f) of
                          title 49, United States Code''.
                        (C) Transportation equity act for the 21st
                    century.--Section 7203(b)(2) of the Transportation
                    Equity Act for the 21st Century (Public Law 105-178; 45
                    U.S.C. 821 note) is amended by striking ``title V of the
                    Railroad Revitalization and Regulatory Reform Act of
                    1976 (45 U.S.C. 821 et seq.)'' and inserting ``chapter
                    224 of title 49, United States Code,''.
                        (D) Hamm alert maritime safety act of 2018.--Section
                    212(d)(1) of Hamm Alert Maritime Safety Act of 2018
                    (title II of Public Law 115-265; 45 U.S.C. 822 note) is
                    amended, in the matter preceding subparagraph (A), by
                    striking ``for purposes of section 502(f)(4) of the
                    Railroad Revitalization and Regulatory Reform Act of
                    1976 (45 U.S.C. 822(f)(4))'' and inserting ``for
                    purposes of section 22402 of title 49, United States
                    Code''.
                        (E) Milwaukee railroad restructuring act.--Section
                    15(f) of the Milwaukee Railroad Restructuring Act (45
                    U.S.C. 914(f)) is amended by striking ``Section 516 of
                    the Railroad Revitalization and Regulatory Reform Act of
                    1976 (45 U.S.C. 836)'' and inserting ``Section 22404 of
                    title 49, United States Code,''.
                        (F) Rock island railroad transition and employee
                    assistance act.--Section 104(b) of the Rock Island
                    Railroad Transition and Employee Assistance Act (45
                    U.S.C. 1003(b)) is amended--
                              (i) in paragraph (1)--
                                        (I) by striking ``title V of the
                                    Railroad Revitalization and Regulatory
                                    Reform Act of 1976 (45 U.S.C. 821 et
                                    seq.)'' and inserting ``chapter 224 of
                                    title 49, United States Code,''; and
                                        (II) by striking ``and section 18(b)
                                    of the Milwaukee Railroad Restructuring
                                    Act''; and
                              (ii) in paragraph (2), by striking ``title V
                          of the Railroad Revitalization and Regulatory
                          Reform Act of 1976, and section 516 of such Act
                          (45 U.S.C. 836)'' and inserting ``chapter 224 of
                          title 49, United States Code, including section
                          22404 of such title,''.
                (4) Title 49.--
                        (A) National surface transportation and innovative
                    finance bureau.--Section 116(d)(1)(B) of title 49,
                    United States Code, is amended by striking ``sections
                    501 through 503 of the Railroad Revitalization and
                    Regulatory Reform Act of 1976 (45 U.S.C. 821-823)'' and
                    inserting ``sections 22401 through 22403''.

    [[Page 135 STAT. 693]]

                        (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. <<NOTE: Deadline. Update. Public information. 49 USC
                                22402 note.>>  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. <<NOTE: 49 USC 22402 note.>>  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

    [[Page 135 STAT. 694]]

                (3) for each such application, the reasons for providing or
            declining to provide the requested loan or loan guarantee.

       TITLE II-- <<NOTE: Passenger Rail Expansion and Rail Safety Act of
    2021.>> RAIL
    SEC. 22001. <<NOTE: 49 USC 20101 note.>>  SHORT TITLE.

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

    Subtitle A <<NOTE: Time periods.>> --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) <<NOTE: Determination. Compliance.>>  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

    [[Page 135 STAT. 695]]

            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) <<NOTE: Grants.>>  In General.--There is authorized to be
    appropriated to the Secretary for grants under section 22909 of title
    49, United

    [[Page 135 STAT. 696]]

    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) <<NOTE: Contracts. Grants.>>  Highway-rail Grade Crossing Safety
    Information and Education Program.--Of the amount appropriated under
    subsection (a) in each fiscal year, 0.25 percent shall be used for
    contracts or grants to carry out a highway-rail grade crossing safety
    information and education program--
                (1) to help prevent and reduce pedestrian, motor vehicle,
            and other accidents, incidents, injuries, and fatalities; and
                (2) to improve awareness along railroad rights-of-way and at
            highway-rail grade crossings.

        (d) Oversight.--The Secretary may withhold up to 2 percent from the
    amount appropriated for each fiscal year pursuant to subsection (a) for
    the costs of project management oversight of grants authorized under
    title 49, United States Code.
    SEC. 22105. RESTORATION AND ENHANCEMENT GRANTS.

        (a) In General.--There is authorized to be appropriated to the
    Secretary for grants under section 22908 of title 49, United States
    Code, $50,000,000 for each of fiscal years 2022 through 2026.
        (b) Oversight.--The Secretary may withhold up to 1 percent of the
    amount appropriated for each fiscal year pursuant to subsection (a) for
    the costs of project management oversight of grants authorized under
    title 49, United States Code.
    SEC. 22106. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
                                GRANTS.

        (a) In General.--There is authorized to be appropriated to the
    Secretary for grants under section 24911 of title 49, United States
    Code, $1,500,000,000 for each of fiscal years 2022 through 2026.
        (b) Oversight.--The Secretary may withhold up to 2 percent of the
    amount appropriated under subsection (a) for the costs of project
    management oversight of grants authorized under title 49, United States
    Code.
    SEC. 22107. AMTRAK OFFICE OF INSPECTOR GENERAL.

        There are authorized to be appropriated to the Office of Inspector
    General of Amtrak the following amounts:
                (1) For fiscal year 2022, $26,500,000.
                (2) For fiscal year 2023, $27,000,000.
                (3) For fiscal year 2024, $27,500,000.
                (4) For fiscal year 2025, $28,000,000.
                (5) For fiscal year 2026, $28,500,000.

                           Subtitle B--Amtrak Reforms

    SEC. 22201. AMTRAK FINDINGS, MISSION, AND GOALS.

        (a) Findings.--Section 24101(a) of title 49, United States Code, is
    amended--
                (1) in paragraph (1), by striking ``between crowded urban
            areas and in other areas of'' and inserting ``throughout'';

    [[Page 135 STAT. 697]]

                (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;

    [[Page 135 STAT. 698]]

                (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) <<NOTE: 49 USC 24302 note.>>  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) <<NOTE: Effective date.>>  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--

    [[Page 135 STAT. 699]]

                        ``(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) <<NOTE: Consultation. Updates.>>  In general.--The
            Secretary of Transportation, in consultation with Amtrak, shall
            define, maintain, and periodically update an account structure
            and improvements to accounting methodologies, as necessary, to
            support the Northeast Corridor and the National Network.
                ``(2) Notification of substantive changes.--The Secretary
            shall notify the Committee on Commerce, Science, and
            Transportation of the Senate, the Committee on Appropriations of
            the Senate, the Committee on Transportation and Infrastructure
            of the House of Representatives, and the Committee on
            Appropriations of the House of Representatives regarding any
            substantive changes made to the account structure, including
            changes to--
                        ``(A) the service lines described in section
                    24320(b)(1); and
                        ``(B) the asset lines described in section
                    24320(c)(1).'';
                (3) in subsection (c), in the matter preceding paragraph
            (1), by inserting ``, maintaining, and updating'' after
            ``defining'';

    [[Page 135 STAT. 700]]

                (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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Requirements. Schedules.>>  establish and
            maintain substantive and procedural requirements, including
            schedules, for grant requests under this section; and
                ``(2) <<NOTE: Reports.>>  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);

    [[Page 135 STAT. 701]]

                        ``(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) <<NOTE: Estimates.>>  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) <<NOTE: Cost estimates.>>  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.

    [[Page 135 STAT. 702]]

                        ``(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) <<NOTE: Determination.>>  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--

    [[Page 135 STAT. 703]]

                        (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, <<NOTE: 49 USC 24301 prec.>>  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) <<NOTE: Updates.>>  by adding at the end
                          the following: ``During each year in which Amtrak
                          is not required to submit a plan under this
                          paragraph, Amtrak shall submit to Congress updated
                          financial sources and uses statements and
                          forecasts with the annual report required under
                          section 24315(b).''; and
                        (B) in paragraph (2), by striking ``asset plan
                    required in'' and inserting ``asset line plan required
                    under'';
                (3) in subsection (b)--
                        (A) in the subsection heading, by striking
                    ``Business'' and inserting ``Service'';
                        (B) in paragraph (1)--
                              (i) in the paragraph heading, by striking
                          ``business'' and inserting ``service'';
                              (ii) by striking ``business'' each place such
                          term appears and inserting ``service'';
                              (iii) by amending subparagraph (B) to read as
                          follows:
                        ``(B) Amtrak State-supported train services.'';
                              (iv) in subparagraph (C), by striking
                          ``routes'' and inserting ``train services''; and
                              (v) by adding at the end the following:
                        ``(E) Infrastructure access services for use of
                    Amtrak-owned or Amtrak-controlled infrastructure and
                    facilities.'';
                        (C) in paragraph (2)--
                              (i) in the paragraph heading, by striking
                          ``business'' and inserting ``service'';
                              (ii) by striking ``business'' each place such
                          term appears and inserting ``service'';

    [[Page 135 STAT. 704]]

                              (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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 705]]

            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) <<NOTE: Deadline. Consultation.>>  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--

    [[Page 135 STAT. 706]]

                                                (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) <<NOTE: Determination.>>  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, <<NOTE: 49 USC 24301 prec.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 707]]

                ``(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) <<NOTE: Recommenda- tions.>>  Report.--Not later than 1 year
    after the establishment of the working group pursuant to subsection (a),
    the working group shall submit a report to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives
    containing recommendations for improving Amtrak's food and beverage
    service, including--
                ``(1) ways to improve the financial performance of Amtrak;
                ``(2) ways to increase and retain ridership;
                ``(3) the differing needs of passengers traveling on long-
            distance routes, State supported routes, and the Northeast
            Corridor;
                ``(4) Amtrak passenger survey data about the food and
            beverages offered on Amtrak trains;
                ``(5) ways to incorporate local food and beverage items on
            State-supported routes; and
                ``(6) any other issue that the working group determines to
            be appropriate.

        ``(c) <<NOTE: Deadline. Plan.>>  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, <<NOTE: 49 USC 24301 prec.>>  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. <<NOTE: 49 USC 24323.>>  Prohibition on smoking on
                        Amtrak trains

        ``(a) <<NOTE: 49 USC 24323.>>  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

    [[Page 135 STAT. 708]]

    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, <<NOTE: 49 USC 24301 prec.>>  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 <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 709]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Time
                          period.>> . The Committee shall implement a
                          revised cost methodology policy during fiscal year
                          2023. <<NOTE: Reports. Plans.>>  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)--

    [[Page 135 STAT. 710]]

                                        (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) <<NOTE: Deadlines. Determination. Compliance.>>
                    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) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadlines.>>  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--

    [[Page 135 STAT. 711]]

                (1) in paragraph (1), by inserting ``, and review and
            update, as necessary,'' after ``shall develop'';
                (2) in paragraph (2), by striking ``Not later than 2 years
            after the date of enactment of the Passenger Rail Reform and
            Investment Act of 2015, the Committee shall transmit the
            statement'' and inserting ``As applicable, based on updates, the
            Committee shall submit an updated statement''; and
                (3) by adding at the end the following:
                ``(3) Sense of congress.--It is the sense of Congress that--
                        ``(A) the Committee shall be the forum where Amtrak
                    and the States collaborate on the planning, improvement,
                    and development of corridor routes across the National
                    Network; and
                        ``(B) such collaboration should include regular
                    consultation with interstate rail compact parties and
                    other regional planning organizations that address
                    passenger rail.''.

        (f) Other Reforms Related to State-supported Routes.--Section 24712
    of title 49, United States Code, as amended by subsections (a) through
    (e), is further amended--
                (1) by redesignating subsections (g) and (h) as subsections
            (k) and (l), respectively; and
                (2) by inserting after subsection (f) the following:

        ``(g) New State-supported Routes.--
                ``(1) Consultation.--In developing a new State-supported
            route, Amtrak shall consult with--
                        ``(A) the State or States and local municipalities
                    through which such new service would operate;
                        ``(B) commuter authorities and regional
                    transportation authorities in the areas that would be
                    served by the planned route;
                        ``(C) host railroads;
                        ``(D) the Administrator of the Federal Railroad
                    Administration; and
                        ``(E) other stakeholders, as appropriate.
                ``(2) <<NOTE: Memorandums.>>  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. <<NOTE: Assessment.>> --Not later than 18 months after the
    updated cost methodology policy required under subsection (a)(7)(B) is
    implemented,

    [[Page 135 STAT. 712]]

    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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Update.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Examination.>>  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) <<NOTE: Consultation. Reports. Canada.>>  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) <<NOTE: Recommenda- tions.>>  includes recommendations
            to improve such cross border service, including the feasibility
            of and costs associated with a preclearance facility or
            facilities.

        (b) <<NOTE: Determination.>>  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:

    [[Page 135 STAT. 713]]

        ``(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. <<NOTE: Evaluations.>>  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) <<NOTE: Cost estimates.>>  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) <<NOTE: Recommenda- tions.>>  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

    [[Page 135 STAT. 714]]

                (4) reflect public engagement and local and regional support
            for restored passenger rail service.

        (d) <<NOTE: Determination.>>  Consultation.--In conducting the study
    under this section, the Secretary shall consult, through working groups
    or other forums as the Secretary determines to be appropriate, with--
                (1) Amtrak;
                (2) each State along a relevant route;
                (3) regional transportation planning organizations and
            metropolitan planning organizations, municipalities, and
            communities along those relevant routes, to be selected by the
            Secretary;
                (4) host railroad carriers the tracks of which may be used
            for a service described in subsection (a);
                (5) organizations representing onboard Amtrak employees;
                (6) nonprofit organizations representing Amtrak passengers;
                (7) relevant regional passenger rail authorities and
            federally recognized Indian Tribes; and
                (8) such other entities as the Secretary may select.

        (e) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that includes--
                (1) the preferred options selected under subsection (b)(2),
            including the reasons for selecting each option;
                (2) the information described in subsection (b)(3);
                (3) the funding sources identified pursuant to subsection
            (b)(5);
                (4) <<NOTE: Cost estimates.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Stratagies.>>  Contents.--The plan required
            under paragraph (1) shall--

    [[Page 135 STAT. 715]]

                        ``(A) identify key state-of-good-repair, capacity
                    expansion, and capital improvement projects planned for
                    the Northeast Corridor;
                        ``(B) <<NOTE: Time period.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Time period.>>  Updates.--The Commission shall
            update the service development plan not less frequently than
            once every 5 years.

        ``(b) Northeast Corridor Capital Investment Plan.--
                ``(1) <<NOTE: Deadlines.>>  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) <<NOTE: Time period.>>  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--

    [[Page 135 STAT. 716]]

                              ``(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) <<NOTE: Requirements.>>  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) <<NOTE: Update.>>  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) <<NOTE: Inventory.>>  an inventory of
                          all capital assets owned by the developer of the
                          plan;
                              ``(ii) <<NOTE: Assessment.>>  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;

    [[Page 135 STAT. 717]]

                        (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) <<NOTE: Determination.>>  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) <<NOTE: Enforcement.>>  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''.

    [[Page 135 STAT. 718]]

    SEC. 22303. CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY
                                IMPROVEMENTS.

        (a) In General.--Section 22907 of title 49, United States Code, is
    amended--
                (1) in subsection (b)--
                        (A) in paragraph (1), by inserting ``(including the
                    District of Columbia)'' after ``State'';
                        (B) in paragraph (6), by inserting ``rail carrier
                    and intercity rail passenger transportation are'' before
                    ``defined'';
                        (C) by redesignating paragraphs (8) through (11) as
                    paragraphs (10) through (13), respectively; and
                        (D) by inserting after paragraph (7) the following:
                ``(8) An association representing 1 or more railroads
            described in paragraph (7).'';
                ``(9) A federally recognized Indian Tribe.'';
                (2) in subsection (c)--
                        (A) in paragraph (3), by adding ``or safety'' after
                    ``congestion'';
                        (B) in paragraph (6), by striking ``and'' and
                    inserting ``or'';
                        (C) by redesignating paragraphs (11) and (12) as
                    paragraphs (12) and (13), respectively;
                        (D) by inserting after paragraph (10) the following:
                ``(11) The development and implementation of measures to
            prevent trespassing and reduce associated injuries and
            fatalities.''; and
                        (E) by inserting after paragraph (13), as
                    redesignated, the following:
                ``(14) Research, development, and testing to advance and
            facilitate innovative rail projects, including projects using
            electromagnetic guideways in an enclosure in a very low-pressure
            environment.
                ``(15) The preparation of emergency plans for communities
            through which hazardous materials are transported by rail.
                ``(16) Rehabilitating, remanufacturing, procuring, or
            overhauling locomotives, provided that such activities result in
            a significant reduction of emissions.''; and
                (3) in subsection (h), by adding at the end the following:
                ``(4) Grade crossing and trespassing projects.--Applicants
            may use costs incurred previously for preliminary engineering
            associated with highway-rail grade crossing improvement projects
            under subsection (c)(5) and trespassing prevention projects
            under subsection (c)(11) to satisfy the non-Federal share
            requirements.''.

        (b) <<NOTE: 49 USC 22907 note.>>  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) <<NOTE: 49 USC 22907 note.>>  Applicability.--The
            amendment made by paragraph (1) shall apply to amounts remaining
            under section 22907(l)

    [[Page 135 STAT. 719]]

            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

    [[Page 135 STAT. 720]]

                        ``(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. <<NOTE: Grants. 49 USC 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

    [[Page 135 STAT. 721]]

            such time, in such manner, and containing such information as
            the Secretary may require.
                ``(2) Railroad approvals.--
                        ``(A) <<NOTE: Requirements.>>  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) <<NOTE: Evaluation.>>  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.

    [[Page 135 STAT. 722]]

                ``(3) <<NOTE: Compliance.>>  Award distribution.--In
            selecting grants for Program funds in any fiscal year, the
            Secretary shall comply with the following limitations:
                        ``(A) Grant funds.--Not less than 20 percent of the
                    grant funds available for the Program in any fiscal year
                    shall be reserved for projects located in rural areas or
                    on Tribal lands. The requirement under section 22907(l),
                    which applies to this section, shall not apply to grant
                    funds reserved specifically under this subparagraph. Not
                    less than 5 percent of the grant funds reserved under
                    this subparagraph shall be reserved for projects in
                    counties with 20 or fewer residents per square mile,
                    according to the most recent decennial census, provided
                    that sufficient eligible applications have been
                    submitted.
                        ``(B) Planning grants.--Not less than 25 percent of
                    the grant funds set aside for planning projects in any
                    fiscal year pursuant to section 22104(b) of the
                    Passenger Rail Expansion and Rail Safety Act of 2021
                    shall be awarded for projects located in rural areas or
                    on tribal lands.
                        ``(C) State limitation.--Not more than 20 percent of
                    the grant funds available for the Program in any fiscal
                    year may be selected for projects in any single State.
                        ``(D) Minimum size.--No grant awarded under this
                    section shall be for less than $1,000,000, except for a
                    planning grant described in subsection (d)(6).

        ``(g) Cost Share.--Except as provided in paragraph (2), the Federal
    share of the cost of a project carried out using a grant under the
    Program may not exceed 80 percent of the total cost of the project.
    Applicants may count costs incurred for preliminary engineering
    associated with highway-rail and pathway-rail grade crossing improvement
    projects as part of the total project costs.
        ``(h) <<NOTE: Deadline.>>  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) <<NOTE: Summary.>>  a summary of the project; and
                ``(2) the amount of the proposed grant award.

        ``(i) <<NOTE: Web posting. Public information. Lists.>>  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

    [[Page 135 STAT. 723]]

            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, <<NOTE: 49 USC 22901 prec.>>  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. <<NOTE: 49 USC 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;

    [[Page 135 STAT. 724]]

                ``(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) <<NOTE: Requirement.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Recommenda- tions.>>  any legislative
            recommendations.''.

        (b) Clerical Amendment.--The analysis for chapter 229 of title
    49, <<NOTE: 49 USC 22901 prec.>>  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

    [[Page 135 STAT. 725]]

                (2) by adding at the end the following:

        ``(c) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  Interstate Rail Compacts
    Program.--The Secretary of Transportation shall--
                ``(1) <<NOTE: List.>>  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) <<NOTE: Update.>>  make information regarding
            interstate rail compacts available to the public, including how
            States may establish interstate rail compacts under subsection
            (a), and update such information, as necessary.''.
    SEC. 22307. FEDERAL-STATE PARTNERSHIP FOR INTERCITY PASSENGER RAIL
                                GRANTS.

        (a) In General.--Section 24911 of title 49, United States Code, is
    amended--
                (1) in the section heading, by striking ``for state of good
            repair'' and inserting ``for intercity passenger rail'';
                (2) in subsection (a)--
                        (A) in paragraph (1)--
                              (i) in subparagraph (F), by striking ``or'' at
                          the end;
                              (ii) by redesignating subsection (G) as
                          subsection (H);
                              (iii) by inserting after subparagraph (F), the
                          following:
                        ``(G) a federally recognized Indian Tribe; or''; and
                              (iv) in subsection (H), as redesignated, by
                          striking ``(F)'' and inserting ``(G)'';
                        (B) by striking paragraphs (2) and (5); and
                        (C) by redesignating paragraphs (3) and (4) as
                    paragraphs (2) and (3), respectively;
                (3) in subsection (b), by striking ``with respect to
            qualified railroad assets'' and inserting ``, improve
            performance, or expand or establish new intercity passenger rail
            service, including privately operated intercity passenger rail
            service if an eligible applicant is involved;'';
                (4) by striking subsections (c) through (e) and inserting
            the following:

        ``(c) Eligible Projects.--The following capital projects, including
    acquisition of real property interests, are eligible to receive grants
    under this section:
                ``(1) A project to replace, rehabilitate, or repair
            infrastructure, equipment, or a facility used for providing
            intercity passenger rail service to bring such assets into a
            state of good repair.
                ``(2) <<NOTE: Determination.>>  A project to improve
            intercity passenger rail service performance, including reduced
            trip times, increased train frequencies, higher operating
            speeds, improved reliability,

    [[Page 135 STAT. 726]]

            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) <<NOTE: Compliance.>>  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;

    [[Page 135 STAT. 727]]

                                        ``(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) <<NOTE: Deadline. Publication. Inventory.>>  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) <<NOTE: Plan. Time period.>>  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);

    [[Page 135 STAT. 728]]

                ``(5) <<NOTE: Time period.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Contracts.>>  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

    [[Page 135 STAT. 729]]

                          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. <<NOTE: Certification.>>  The applicant
                          shall certify, to the satisfaction of the
                          Secretary, that the applicant has shown reasonable
                          diligence in seeking the most favorable financing
                          terms.
                              ``(iv) Failure to carry out project.--If an
                          applicant does not carry out the project for
                          reasons within the control of the applicant, the
                          applicant shall repay all Federal grant funds
                          awarded for the project from all Federal funding
                          sources, for all project activities, facilities,
                          and equipment, plus reasonable interest and
                          penalty charges allowable by law or established by
                          the Secretary in the phased funding agreement. For
                          purposes of this clause, a process for complying
                          with the National Environmental Policy Act of 1969
                          (42 U.S.C. 4321 et seq.) that results in the
                          selection of the no build alternative is not
                          within the applicant's control.
                              ``(v) Crediting of funds received.--Any funds
                          received by the Government under this paragraph,
                          except for interest and penalty charges, shall be
                          credited to the appropriation account from which
                          the funds were originally derived.'';
                        (E) in paragraph (3), as redesignated--
                              (i) in subparagraph (A), in the matter
                          preceding clause (i), by inserting ``a phased
                          funding agreement under paragraph (2) or'' after
                          ``issuing''; and
                              (ii) in subparagraph (B)(i), by inserting
                          ``the phased funding agreement or'' after ``a copy
                          of''; and
                        (F) in paragraph (4), as redesignated--
                              (i) by striking ``An obligation'' and
                          inserting the following:
                        ``(B) Appropriations required.--An obligation''; and
                              (ii) by inserting before subparagraph (B), as
                          added by clause (i), the following:
                        ``(A) <<NOTE: Determination.>>  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) <<NOTE: Proposal.>>  a proposal for the allocation of
            amounts to be available to finance grants for projects under
            this section among applicants for such amounts;

    [[Page 135 STAT. 730]]

                ``(2) <<NOTE: Evaluations.>>  evaluations and ratings, as
            applicable, for each project that has received a phased funding
            agreement or a letter of intent; and
                ``(3) <<NOTE: Recommenda- tions. Time period.>>
            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, <<NOTE: 49 USC 24901 prec.>>  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 <<NOTE: 49 USC 25101 prec.>> --PASSENGER RAIL PLANNING

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

    ``Sec. 25101. <<NOTE: 49 USC 25101.>>  Corridor Identification and
                        Development Program

        ``(a) <<NOTE: Deadline.>>  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) <<NOTE: Criteria.>>  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;

    [[Page 135 STAT. 731]]

                ``(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.

    [[Page 135 STAT. 732]]

        ``(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) <<NOTE: Inventory.>>  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) <<NOTE: Schedule.>>  a schedule and any associated
            phasing of projects and related service initiation or changes;
                ``(4) project sponsors and other entities expected to
            participate in carrying out the plan;
                ``(5) a description of how the corridor would comply with
            Federal rail safety and security laws, orders, and regulations;
                ``(6) the locations of existing and proposed stations;
                ``(7) the needs for rolling stock and other equipment;
                ``(8) a financial plan identifying projected--
                        ``(A) annual revenues;
                        ``(B) annual ridership;
                        ``(C) capital investments before service could be
                    initiated;
                        ``(D) capital investments required to maintain
                    service;
                        ``(E) annual operating and costs; and
                        ``(F) sources of capital investment and operating
                    financial support;
                ``(9) a description of how the corridor would contribute to
            the development of a multi-State regional network of intercity
            passenger rail;
                ``(10) an intermodal plan describing how the new or improved
            corridor facilitates travel connections with other passenger
            transportation services;
                ``(11) a description of the anticipated environmental
            benefits of the corridor; and
                ``(12) a description of the corridor's impacts on highway
            and aviation congestion, energy consumption, land use, and
            economic development in the service area.

        ``(e) Consultation.--In partnering on the preparation of a service
    development plan under subsection (d), the Secretary shall consult
    with--
                ``(1) Amtrak;
                ``(2) appropriate State and regional transportation
            authorities and local officials;

    [[Page 135 STAT. 733]]

                ``(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) <<NOTE: Time period. Consultation. Determination.>>
    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) <<NOTE: Deadlines.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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, <<NOTE: 49 USC 20101 prec.>>  is amended
    by inserting after the item relating to chapter 249 the following:
    ``Chapter 251.  Passenger rail planning.........................25101''.

    [[Page 135 STAT. 734]]

    SEC. 22309. <<NOTE: 49 USC 1301 note.>>  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) <<NOTE: Deadline. Determination.>>  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) <<NOTE: Summaries. Recommenda- tions.>>  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. <<NOTE: Deadline. 49 USC 22907 note.>>  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) <<NOTE: Update.>>  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.--

    [[Page 135 STAT. 735]]

                (1) In general.--Chapter 201 of title 49, United States
            Code, is amended by inserting after section 20166 the following:
    ``Sec. 20167. <<NOTE: 49 USC 20167.>>  Reports on highway-rail
                        grade crossing safety

        ``(a) <<NOTE: Consultation. Summaries.>>  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) <<NOTE: Analysis. Evaluation.>>  an analysis and
            evaluation of each State railway-highway crossings program under
            section 130 of title 23, including--
                        ``(A) <<NOTE: Compliance.>>  compliance with section
                    11401 of the Fixing America's Surface Transportation Act
                    and section 130(g) of title 23; and
                        ``(B) <<NOTE: Strategies.>>  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) <<NOTE: Compliance.>>  which States are not in
            compliance with their schedule of projects under section 130(d)
            of title 23; and
                ``(5) <<NOTE: Recommenda- tions.>>  any recommendations for
            future implementation of the railway-highway crossings program
            under section 130 of title 23.

        ``(b) <<NOTE: Deadline. Consultation.>>  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--

    [[Page 135 STAT. 736]]

                              ``(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, <<NOTE: 49 USC 20101 prec.>>  is
            amended by inserting after the item relating to section 20166
            the following:

    ``20167. Reports on highway-rail grade crossing safety.''.

        (c) Annual Report.--Section 130(g) of title 23, United States Code,
    is amended to read as follows:
        ``(g) Annual Report.--
                ``(1) In general.--Not later than August 31 of each year,
            each State shall submit a report to the Administrator of the
            Federal Highway Administration that describes--
                        ``(A) the progress being made to implement the
                    railway-highway crossings program authorized under this
                    section; and
                        ``(B) the effectiveness of the improvements made as
                    a result of such implementation.
                ``(2) <<NOTE: Assessments.>>  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. <<NOTE: 49 USC 22907 note.>>  BLOCKED CROSSING PORTAL.

        (a) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 737]]

                (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) <<NOTE: Review.>>  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) <<NOTE: Public information. Procedures.>>  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) <<NOTE: Web posting.>>  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

    [[Page 135 STAT. 738]]

                    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. <<NOTE: Deadlines. 49 USC 20101 note.>>  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) <<NOTE: Recommenda- tions.>>  provide recommendations to
            the Secretary for improving the public's usability and
            accessibility of the website referred to in paragraph (1).

        (b) <<NOTE: Website.>>  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. <<NOTE: Deadline. Regulations. Requirements. Plans. Comp
                                liance. 49 USC 20133 note.>>
                                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;

    [[Page 135 STAT. 739]]

                (3) to safely move throughout the rail car; and
                (4) to evacuate safely.
    SEC. 22407. <<NOTE: Deadlines. 49 USC 24313 note.>>  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) <<NOTE: Compliance.>>  conduct a focused review of
            Amtrak's safety-related processes and procedures, compliance
            with safety regulations and requirements, and overall safety
            culture; and
                (2) <<NOTE: Reports. Recommenda- tions.>>  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. <<NOTE: 49 USC 21109 note.>>  COMPLETION OF HOURS OF
                                SERVICE AND FATIGUE STUDIES.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 90 days after
    the date of enactment of this Act, the Administrator of the Federal
    Railroad Administration shall commence the pilot programs required under
    subparagraphs (A) and (B) of section 21109(e)(1) of title 49, United
    States Code.

        (b) Consultation.--The Federal Railroad Administration shall consult
    with the class or craft of employees impacted by the pilot projects,
    including railroad carriers, and representatives of labor organizations
    representing the impacted employees when designing and conducting the
    pilot programs referred to in subsection (a).
        (c) Report.--If the pilot programs required under section
    21109(e)(1) of title 49, United States Code, have not commenced on the
    date that is 1 year and 120 days after the date of enactment of this
    Act, the Secretary, not later than 30 days after such date, submit a
    report to the Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Transportation and Infrastructure of the
    House of Representatives that describes--
                (1) the status of such pilot programs;
                (2) actions that the Federal Railroad Administration has
            taken to commence the pilot programs, including efforts to
            recruit participant railroads;
                (3) any challenges impacting the commencement of the pilot
            programs; and
                (4) any other details associated with the development of the
            pilot programs that affect progress toward meeting the mandate
            under such section 21109(e)(1).

    [[Page 135 STAT. 740]]

    SEC. 22409. POSITIVE TRAIN CONTROL STUDY.

        (a) <<NOTE: Determination.>>  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) <<NOTE: Summaries.>>  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. <<NOTE: 49 USC 20162 note.>>  OPERATING CREW MEMBER
                                TRAINING, QUALIFICATION, AND
                                CERTIFICATION.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Compliance.>>  consider whether such programs
            are in compliance with such parts 240 and 242;
                (3) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  determine whether such
            programs reflect the current operating practices of the railroad
            carrier;
                (6) <<NOTE: Assessment. Examination.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Time periods.>>  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

    [[Page 135 STAT. 741]]

                        (B) <<NOTE: Determination.>>  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) <<NOTE: Determination. Notification.>>  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) <<NOTE: Determination. Evaluation.>>  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

    [[Page 135 STAT. 742]]

                (5) to address any other safety issue that the Secretary
            determines to be appropriate for better preparing locomotive
            engineers or conductors.

        (f) <<NOTE: Public information. Web posting. Summaries.>>  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) <<NOTE: Data.>>  make available the
                    application for such waiver or suspension and any
                    nonconfidential underlying data to interested parties;
                        ``(C) <<NOTE: Public comment.>>  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) <<NOTE: Public information. Web posting.>>
                    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) <<NOTE: Deadline. Time
                    period. Review. Analysis. Determination.>>  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.

    [[Page 135 STAT. 743]]

                        ``(C) Notice and comment.--
                              ``(i) <<NOTE: Federal
                          Register, publication. Summary. Data.>>  In
                          general.--The Secretary shall publish the review
                          and analysis required under this paragraph in the
                          Federal Register, which shall include a summary of
                          the data collected and all relevant underlying
                          data, if the Secretary decides not to initiate a
                          regulatory update under subparagraph (D).
                              ``(ii) Notice of proposed rulemaking.--The
                          review and analysis under this paragraph shall be
                          included as part of the notice of proposed
                          rulemaking if the Secretary initiates a regulatory
                          update under subparagraph (D).
                        ``(D) Regulatory update.--The Secretary may initiate
                    a rulemaking to incorporate relevant aspects of a waiver
                    under this subsection or a suspension under subpart E of
                    part 211 of title 49, Code of Federal Regulations, or
                    successor regulations, into the relevant regulation, to
                    the extent the Secretary considers appropriate.
                ``(5) Rule of construction.--Nothing in this subsection may
            be construed to delay any waiver granted pursuant to this
            subsection that is in the public interest and consistent with
            railroad safety.''.
    SEC. 22412. RESEARCH AND DEVELOPMENT.

        Section 20108 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(d) Facilities.--The Secretary may erect, alter, and repair
    buildings and make other public improvements to carry out necessary
    railroad research, safety, and training activities at the Transportation
    Technology Center in Pueblo, Colorado.
        ``(e) <<NOTE: Fees.>>  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) <<NOTE: Time period. Determination.>>  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) <<NOTE: Contracts. Time period.>>  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

    [[Page 135 STAT. 744]]

    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) <<NOTE: Grants.>>  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,

    [[Page 135 STAT. 745]]

            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) <<NOTE: Summary.>>  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) <<NOTE: Effective date.>>  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--

    [[Page 135 STAT. 746]]

                              ``(i) <<NOTE: Determination.>>  determines
                          that quarterly reporting is in the public
                          interest; and
                              ``(ii) <<NOTE: Federal
                          Register, publication.>>  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) <<NOTE: Deadline.>>  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. <<NOTE: Deadlines. 49 USC 20169.>>  Speed limit
                        action plans

        ``(a) <<NOTE: Consultation. Surveys.>>  In General.--Not later than
    March 3, 2016, each railroad carrier providing intercity rail passenger
    transportation or commuter rail passenger transportation, in
    consultation with any applicable host railroad carrier, shall survey its
    entire system and identify each main track location where there is a
    reduction of more than 20 miles per hour from the approach speed to a
    curve, bridge, or tunnel and the maximum authorized operating speed for
    passenger trains at that curve, bridge, or tunnel.

        ``(b) Action Plans.--Not later than 120 days after the date that the
    survey under subsection (a) is complete, a railroad carrier described in
    subsection (a) shall submit to the Secretary of Transportation an action
    plan that--
                ``(1) identifies each main track location where there is a
            reduction of more than 20 miles per hour from the approach speed
            to a curve, bridge, or tunnel and the maximum authorized
            operating speed for passenger trains at that curve, bridge, or
            tunnel;
                ``(2) describes appropriate actions to enable warning and
            enforcement of the maximum authorized speed for passenger trains
            at each location identified under paragraph (1), including--
                        ``(A) modification to automatic train control
                    systems, if applicable, or other signal systems;
                        ``(B) increased crew size;
                        ``(C) installation of signage alerting train crews
                    of the maximum authorized speed for passenger trains in
                    each location identified under paragraph (1);
                        ``(D) installation of alerters;
                        ``(E) increased crew communication; and
                        ``(F) other practices;
                ``(3) contains milestones and target dates for implementing
            each appropriate action described under paragraph (2); and
                ``(4) <<NOTE: Compliance.>>  ensures compliance with the
            maximum authorized speed at each location identified under
            paragraph (1).

    [[Page 135 STAT. 747]]

        ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Surveys.>>  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) <<NOTE: Compliance.>>  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, <<NOTE: 49 USC 20101 prec.>>  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. <<NOTE: 49 USC 20170.>>  Pre-revenue service safety
                        validation plan

        ``(a) <<NOTE: Time period. Deadline.>>  Plan Submission.--Any
    railroad providing new, regularly scheduled, intercity or commuter rail
    passenger transportation, an

    [[Page 135 STAT. 748]]

    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) <<NOTE: Notification.>>  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) <<NOTE: Requirement.>>  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), <<NOTE: 49 USC 20101
    prec.>> 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) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 749]]

                        ``(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) <<NOTE: Notices. Hearings.>>  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.
    <<NOTE: Determination.>> 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) <<NOTE: Consultation.>>  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, <<NOTE: 49 USC 26101 prec.>>  is amended by striking
    the item relating to section 26103 and inserting the following:

    ``26103. Safety regulations and evaluation.''.

    SEC. 22420. <<NOTE: 49 USC 20133 note.>>  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.

    [[Page 135 STAT. 750]]

        (b) <<NOTE: Cost estimates.>>  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) <<NOTE: Summaries.>>  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) <<NOTE: Web posting.>>  publish such report on the
            website of the Federal Railroad Administration.

        (d) <<NOTE: Standards.>>  Rulemaking.--Following the completion of
    the study required under subsection (a), and after considering the costs
    and benefits of the proposed protection systems, the Administrator may
    promulgate a rule that establishes standards for the use of occupant
    protection systems in new passenger rail rolling stock.
    SEC. 22421. FEDERAL RAILROAD ADMINISTRATION REPORTING
                                REQUIREMENTS.

        (a) <<NOTE: Consultations. Determinations. 49 USC 20101 note.>>
    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) <<NOTE: Time period. Update. 49 USC 20901 note.>>  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

    [[Page 135 STAT. 751]]

    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) <<NOTE: Contracts.>>  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) <<NOTE: Examination.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  determine whether additional
            engineer and conductor training is required for safely operating
            such trains;
                (4) <<NOTE: Assessment.>>  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

    [[Page 135 STAT. 752]]

    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) <<NOTE: Consultation. Regulations.>>  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. <<NOTE: 49 USC 20109 note.>>  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:

    [[Page 135 STAT. 753]]

    ``Sec. 20171. <<NOTE: 49 USC 20171.>>  Requirements for railroad
                        freight cars placed into service in the United
                        States

        ``(a) Definitions.--In this section:
                ``(1) Component.--The term `component' means a part or
            subassembly of a railroad freight car.
                ``(2) Control.--The term `control' means the power, whether
            direct or indirect and whether or not exercised, through the
            ownership of a majority or a dominant minority of the total
            outstanding voting interest in an entity, representation on the
            board of directors of an entity, proxy voting on the board of
            directors of an entity, a special share in the entity, a
            contractual arrangement with the entity, a formal or informal
            arrangement to act in concert with an entity, or any other
            means, to determine, direct, make decisions, or cause decisions
            to be made for the entity.
                ``(3) Cost of sensitive technology.--The term `cost of
            sensitive technology' means the aggregate cost of the sensitive
            technology located on a railroad freight car.
                ``(4) Country of concern.--The term `country of concern'
            means a country that--
                        ``(A) is identified by the Department of Commerce as
                    a nonmarket economy country (as defined in section
                    771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)))
                    as of the date of enactment of the Passenger Rail
                    Expansion and Rail Safety Act of 2021;
                        ``(B) was identified by the United States Trade
                    Representative in the most recent report required by
                    section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as
                    a foreign country included on the priority watch list
                    (as defined in subsection (g)(3) of such section); and
                        ``(C) is subject to monitoring by the Trade
                    Representative under section 306 of the Trade Act of
                    1974 (19 U.S.C. 2416).
                ``(5) Net cost.--The term `net cost' has the meaning given
            such term in chapter 4 of the USMCA or any subsequent free trade
            agreement between the United States, Mexico, and Canada.
                ``(6) Qualified facility.--The term `qualified facility'
            means a facility that is not owned or under the control of a
            state-owned enterprise.
                ``(7) Qualified manufacturer.--The term `qualified
            manufacturer' means a railroad freight car manufacturer that is
            not owned or under the control of a state-owned enterprise.
                ``(8) Railroad freight car.--The term `railroad freight car'
            means a car designed to carry freight or railroad personnel by
            rail, including--
                        ``(A) a box car;
                        ``(B) a refrigerator car;
                        ``(C) a ventilator car;
                        ``(D) an intermodal well car;
                        ``(E) a gondola car;
                        ``(F) a hopper car;
                        ``(G) an auto rack car;
                        ``(H) a flat car;
                        ``(I) a special car;
                        ``(J) a caboose car;
                        ``(K) a tank car; and

    [[Page 135 STAT. 754]]

                        ``(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) <<NOTE: Effective date.>>  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

    [[Page 135 STAT. 755]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Applicability.>>  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) <<NOTE: Deadline.>>  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.--

    [[Page 135 STAT. 756]]

                        ``(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) <<NOTE: Determination.>>  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)), <<NOTE: 49 USC 20101 prec.>> is amended by adding at the end
    the following:

    ``20171. Requirements for railroad freight cars placed into service in
               the United States.''.

    SEC. 22426. <<NOTE: 49 USC 20103 note.>>  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) <<NOTE: Public information. Web posting.>>  post the
            information described in paragraph (1) on a publicly accessible
            website.
    SEC. 22427. <<NOTE: Deadline. 49 USC 20140 note.>>  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. <<NOTE: Time periods.>>  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

    [[Page 135 STAT. 757]]

                ``(5) $390,000,000 for fiscal year 2026.''.

        (b) Financial Assistance Programs.--Section 31104 of title 49,
    United States Code, is amended--
                (1) by striking subsection (a) and inserting the following:

        ``(a) Financial Assistance Programs.--There are authorized to be
    appropriated from the Highway Trust Fund (other than the Mass Transit
    Account)--
                ``(1) subject to subsection (c), to carry out the motor
            carrier safety assistance program under section 31102 (other
            than the high priority program under subsection (l) of that
            section)--
                        ``(A) $390,500,000 for fiscal year 2022;
                        ``(B) $398,500,000 for fiscal year 2023;
                        ``(C) $406,500,000 for fiscal year 2024;
                        ``(D) $414,500,000 for fiscal year 2025; and
                        ``(E) $422,500,000 for fiscal year 2026;
                ``(2) subject to subsection (c), to carry out the high
            priority program under section 31102(l) (other than the
            commercial motor vehicle enforcement training and support grant
            program under paragraph (5) of that section)--
                        ``(A) $57,600,000 for fiscal year 2022;
                        ``(B) $58,800,000 for fiscal year 2023;
                        ``(C) $60,000,000 for fiscal year 2024;
                        ``(D) $61,200,000 for fiscal year 2025; and
                        ``(E) $62,400,000 for fiscal year 2026;
                ``(3) to carry out the commercial motor vehicle enforcement
            training and support grant program under section 31102(l)(5),
            $5,000,000 for each of fiscal years 2022 through 2026;
                ``(4) to carry out the commercial motor vehicle operators
            grant program under section 31103--
                        ``(A) $1,100,000 for fiscal year 2022;
                        ``(B) $1,200,000 for fiscal year 2023;
                        ``(C) $1,300,000 for fiscal year 2024;
                        ``(D) $1,400,000 for fiscal year 2025; and
                        ``(E) $1,500,000 for fiscal year 2026; and
                ``(5) subject to subsection (c), to carry out the financial
            assistance program for commercial driver's license
            implementation under section 31313--
                        ``(A) $41,800,000 for fiscal year 2022;
                        ``(B) $42,650,000 for fiscal year 2023;
                        ``(C) $43,500,000 for fiscal year 2024;
                        ``(D) $44,350,000 for fiscal year 2025; and
                        ``(E) $45,200,000 for fiscal year 2026.'';
                (2) in subsection (b)(2)--
                        (A) in the third sentence, by striking ``The
                    Secretary'' and inserting the following:
                        ``(C) In-kind contributions.--The Secretary'';
                        (B) in the second sentence, by striking ``The
                    Secretary'' and inserting the following:
                        ``(B) Limitation.--The Secretary'';
                        (C) in the first sentence--
                              (i) by inserting ``(except subsection (l)(5)
                          of that section)'' after ``section 31102''; and
                              (ii) by striking ``The Secretary'' and
                          inserting the following:
                        ``(A) Reimbursement percentage.--
                              ``(i) In general.--The Secretary''; and

    [[Page 135 STAT. 758]]

                        (D) in subparagraph (A) (as so designated), by
                    adding at the end the following:
                              ``(ii) <<NOTE: Reimbursement.>>  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)--

    [[Page 135 STAT. 759]]

                        (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) <<NOTE: Determination.>>  are determined
                          to be unsafe; or
                              ``(ii) fail inspection.
                        ``(C) <<NOTE: Consultation. Determination.>>  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.

    [[Page 135 STAT. 760]]

                        ``(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:

    [[Page 135 STAT. 761]]

                (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) <<NOTE: Determination.>>  to determine the causes of,
            and contributing factors to, crashes that involve a commercial
            motor vehicle; and
                (2) <<NOTE: Data.>>  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) <<NOTE: Evaluation.>>  to evaluate future
                    crashes involving commercial motor vehicles;
                        (B) to monitor crash trends and identify causes and
                    contributing factors; and
                        (C) to develop effective safety improvement policies
                    and programs.

        (c) Design.--The study shall be designed to yield information that
    can be used to help policy makers, regulators, and law enforcement
    identify activities and other measures that are likely to lead to
    reductions in--
                (1) the frequency of crashes involving a commercial motor
            vehicle;
                (2) the severity of crashes involving a commercial motor
            vehicle; and
                (3) fatalities and injuries.

        (d) Consultation.--In designing and carrying out the study, the
    Secretary may consult with individuals or entities with expertise on--
                (1) crash causation and prevention;
                (2) commercial motor vehicles, commercial drivers, and motor
            carriers, including passenger carriers;
                (3) highways and noncommercial motor vehicles and drivers;
                (4) Federal and State highway and motor carrier safety
            programs;
                (5) research methods and statistical analysis; and
                (6) other relevant topics, as determined by the Secretary.

        (e) Public Comment.--The Secretary shall make available for public
    comment information about the objectives, methodology, implementation,
    findings, and other aspects of the study.
        (f) <<NOTE: Recommenda- tions.>>  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;

    [[Page 135 STAT. 762]]

                        (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) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 763]]

                                        (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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Coordination.>>  to coordinate
                          the functions of trucking companies, nonprofit
                          organizations, and trucking associations in a
                          manner that facilitates support for women pursuing
                          careers in trucking;

    [[Page 135 STAT. 764]]

                              (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) <<NOTE: Web posting.>>  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. <<NOTE: 49 USC 31142 note.>>  STATE INSPECTION OF
                                PASSENGER-CARRYING COMMERCIAL MOTOR
                                VEHICLES.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline. Consultation.>>  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.--

    [[Page 135 STAT. 765]]

                (1) In general.--The Secretary shall select not more than 10
            individuals to serve as members of the Task Force, including at
            least 1 representative from each of the following:
                        (A) Labor organizations.
                        (B) Motor carriers that provide lease-purchase
                    agreements to owner-operators.
                        (C) Consumer protection groups.
                        (D) Members of the legal profession who specialize
                    in consumer finance issues, including experience with
                    lease-purchase agreements.
                        (E) Owner-operators in the trucking industry with
                    experience regarding lease-purchase agreements.
                        (F) Businesses that provide or are subject to lease-
                    purchase agreements in the trucking industry.
                (2) Compensation.--A member of the Task Force shall serve
            without compensation.

        (c) Duties.--The Task Force shall examine, at a minimum--
                (1) common truck leasing arrangements available to
            commercial motor vehicle drivers, including lease-purchase
            agreements;
                (2) the terms of the leasing agreements described in
            paragraph (1);
                (3)(A) the existence of inequitable leasing agreements and
            terms in the motor carrier industry;
                (B) whether any such inequitable terms and agreements affect
            the frequency of maintenance performed on vehicles subject to
            those agreements; and
                (C) whether any such inequitable terms and agreements affect
            whether a vehicle is kept in a general state of good repair;
                (4) specific agreements available to drayage drivers at
            ports relating to the Clean Truck Program or any similar program
            to decrease emissions from port operations;
                (5) the impact of truck leasing agreements on the net
            compensation of commercial motor vehicle drivers, including port
            drayage drivers;
                (6) whether truck leasing agreements properly incentivize
            the safe operation of vehicles, including driver compliance with
            the hours of service regulations and laws governing speed and
            safety generally;
                (7) resources to assist commercial motor vehicle drivers in
            assessing the financial impacts of leasing agreements; and
                (8)(A) the opportunity that equitable leasing agreements
            provide for drivers to start or expand trucking companies; and
                (B) the history of motor carriers starting from single
            owner-operators.

        (d) Report.--On completion of the examination under subsection (c),
    the Task Force shall submit to the Secretary, the Secretary of Labor,
    and the appropriate committees of Congress a report containing--
                (1) the findings of the Task Force with respect to the
            matters described in subsection (c);
                (2) best practices relating to--
                        (A) assisting a commercial motor vehicle driver in
                    assessing the impacts of leasing agreements prior to
                    entering into such an agreement;

    [[Page 135 STAT. 766]]

                        (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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 49 USC 31136 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  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) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 767]]

                    unwarranted activations of those automatic emergency
                    braking systems.

        (c) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Assessment.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Deadline.>>  Public comment.--Not later than 90
            days after the date on which the study under paragraph (1) is
            completed, the Secretary shall--
                        (A) <<NOTE: Notice. Federal
                    Register, publication.>>  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) <<NOTE: Summary.>>  a summary of any comments
                    received under paragraph (3)(B); and
                        (C) <<NOTE: Determination.>>  a determination as to
                    whether the Secretary intends to develop performance
                    requirements for automatic emergency braking systems for
                    applicable commercial

    [[Page 135 STAT. 768]]

                    motor vehicles, including any analysis that led to that
                    determination.
                (5) <<NOTE: Deadline. Determinations.>>  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. <<NOTE: 49 USC 39111 note.>>  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) <<NOTE: Deadline. Regulations. Requirement.>>
                    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) <<NOTE: Determination.>>  an impact in
                          which 30 percent of the width of the passenger
                          motor vehicle overlaps the rear of the trailer or
                          semitrailer, if the Secretary determines that a
                          revision of sections 571.223 and 571.224 of title
                          49, Code of Federal Regulations (relating to
                          Federal Motor Vehicle Safety Standard Numbers 223
                          and 224,

    [[Page 135 STAT. 769]]

                          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) <<NOTE: Compliance. Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Update.>>  update those Federal Motor
                    Vehicle Safety Standards and those regulations
                    accordingly.
                (4) Inspections.--
                        (A) <<NOTE: Deadline. Regulations.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  assess the feasibility,
                    benefits, and costs of, and any impacts on intermodal
                    equipment, freight mobility (including port operations),
                    and freight capacity associated

    [[Page 135 STAT. 770]]

                    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) <<NOTE: Standards.>>  if warranted, develop
                    performance standards for side underride guards.
                (2) <<NOTE: Contracts.>>  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) <<NOTE: Deadline.>>  Publication of assessment.--Not
            later than 90 days after completion of the assessment required
            under paragraph (1)(B), the Secretary shall--
                        (A) <<NOTE: Notice. Federal
                    Register, publication.>>  issue a notice in the Federal
                    Register containing the findings of the assessment; and
                        (B) <<NOTE: Public comment.>>  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) <<NOTE: Summary.>>  a summary of any comments
                    received by the Secretary under paragraph (3)(B); and
                        (C) <<NOTE: Determination. Analysis.>>  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) <<NOTE: Recommenda-tions.>>  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) <<NOTE: Appointments.>>  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.

    [[Page 135 STAT. 771]]

                              (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) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tions.>>  describes the
                    advice and recommendations made to the Secretary; and
                        (B) <<NOTE: Assessment.>>  includes an assessment of
                    progress made by the Secretary in advancing safety
                    regulations relating to underride crashes.

        (e) <<NOTE: Deadline.>>  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.''.

    [[Page 135 STAT. 772]]

    SEC. 23013. <<NOTE: 49 USC 14104 note.>>  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) <<NOTE: Deadline. Notice. Determination.>>  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) <<NOTE: Recommenda- tions. Requirements.>>  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) <<NOTE: Web postings.>>  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) <<NOTE: Records.>>  to a copy of the publication
                    referred to in subparagraph (A) on the website of the
                    covered carrier.
                (2) <<NOTE: Web posting. Records.>>  Subsections (a) and
            (b)(1) of section 375.213 to require each covered carrier to
            provide to each individual shipper, together with any written
            estimate provided to the shipper, a copy of the publication
            described in appendix A of part 375 of that title, entitled
            ``Your Rights and Responsibilities When You Move'' and numbered
            ESA-03-006 (or a successor publication), in the form of a
            written copy or a hyperlink on the website of the covered
            carrier to the location on the website of the Administration
            containing that publication.
                (3) <<NOTE: Repeal.>>  Section 375.213 to repeal subsection
            (e) of that section.
                (4) <<NOTE: Surveys.>>  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) <<NOTE: Records.>>  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

    [[Page 135 STAT. 773]]

                    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) <<NOTE: Estimate.>>  prepare a new estimate; and
                        (B) <<NOTE: Records.>>  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. <<NOTE: 49 USC 31144 note.>>  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) <<NOTE: Federal Register, publication. Deadline.>>  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) <<NOTE: Federal Register, publication.>>  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. <<NOTE: Deadlines. 49 USC 30111 note.>>  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;

    [[Page 135 STAT. 774]]

                        (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) <<NOTE: Determination.>>  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) <<NOTE: Determination. Federal
                    Register, publication.>>  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.

    [[Page 135 STAT. 775]]

                (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) <<NOTE: Determination.>>  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) <<NOTE: Determination. Federal
                    Register, publication.>>  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) <<NOTE: Notice. Web posting.>>  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) <<NOTE: Reports.>>  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

    [[Page 135 STAT. 776]]

    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) <<NOTE: Reviews.>>  Contents.--The report under subsection (a)
    shall include--
                (1) a review of the process and effectiveness of efforts to
            review and follow-up on complaints submitted to the National
            Consumer Complaint Database;
                (2) an identification of the top 5 complaint categories;
                (3) an identification of--
                        (A) the process that the Federal Motor Carrier
                    Safety Administration uses to determine which entities
                    to take enforcement actions against; and
                        (B) the top categories of enforcement actions taken
                    by the Federal Motor Carrier Safety Administration;
                (4) <<NOTE: Time period. Determination.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: Reports. Analysis.>>  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) <<NOTE: Review.>>  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.

    [[Page 135 STAT. 777]]

    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. <<NOTE: Time period. 49 USC 31305 note.>>
                                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. <<NOTE: Coordination. Recommenda-
                                tions. Assessment. 49 USC 31102
                                note.>>  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. <<NOTE: 49 USC 13301 note.>>  BROKER GUIDANCE RELATING
                                TO FEDERAL MOTOR CARRIER SAFETY
                                REGULATIONS.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Examinations.>>  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

    [[Page 135 STAT. 778]]

                (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. <<NOTE: 49 USC 31315 note.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Requirements.>>  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

    [[Page 135 STAT. 779]]

                          80 hours shall be driving time in a commercial
                          motor vehicle.
                              (ii) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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.

    [[Page 135 STAT. 780]]

                        (E) Reportable incidents.--If an apprentice is
                    involved in a preventable accident reportable to the
                    Department or a pointed moving violation while driving a
                    commercial motor vehicle as part of an apprenticeship
                    program described in this paragraph, the apprentice
                    shall undergo remediation and additional training until
                    the apprentice can demonstrate, to the satisfaction of
                    the employer, competence in each of the performance
                    benchmarks described in subparagraphs (A)(ii) and
                    (B)(ii).
                        (F) <<NOTE: Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Analysis.>>  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

    [[Page 135 STAT. 781]]

                (3) <<NOTE: Determination.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline. Contracts.>>  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.

    [[Page 135 STAT. 782]]

                (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) <<NOTE: Determination.>>  such other
                    stakeholders as the Transportation Research Board
                    determines to be relevant.
    SEC. 23023. <<NOTE: 49 USC 30127 note.>>  LIMOUSINE COMPLIANCE
                                WITH FEDERAL SAFETY STANDARDS.

        (a) Limousine Standards.--
                (1) <<NOTE: Deadline. Regulations.>>  Safety belt and
            seating system standards for limousines.--Not later than 2 years
            after the date of enactment of this Act, the Secretary shall
            prescribe a final rule that--
                        (A) amends Federal Motor Vehicle Safety Standard
                    Numbers 208, 209, and 210 to require to be installed in
                    limousines on each designated seating position,
                    including on side-facing seats--
                              (i) an occupant restraint system consisting of
                          integrated lap-shoulder belts; or
                              (ii) an occupant restraint system consisting
                          of a lap belt, if an occupant restraint system
                          described in clause (i) does not meet the need for
                          motor vehicle safety; and
                        (B) amends Federal Motor Vehicle Safety Standard
                    Number 207 to require limousines to meet standards for
                    seats (including side-facing seats), seat attachment
                    assemblies, and seat installation to minimize the
                    possibility of failure by forces acting on the seats,
                    attachment assemblies, and installations as a result of
                    motor vehicle impact.
                (2) <<NOTE: Assessment.>>  Report on retrofit assessment for
            limousines.--Not later than 2 years after the date of enactment
            of this Act, the Secretary shall submit to the Committee on
            Commerce, Science, and Transportation of the Senate and the
            Committee on Energy and Commerce of the House of Representatives
            a report that assesses the feasibility, benefits, and costs with
            respect to the application of any requirement established under
            paragraph (1) to a limousine introduced into interstate commerce
            before the date on which the requirement takes effect.

        (b) <<NOTE: Applicability.>>  Modifications of Certain Vehicles.--
    The final rule prescribed under subsection (a)(1) and any standards
    prescribed under subsection (b) or (c) of section 23015 shall apply to a
    person modifying a passenger motor vehicle (as defined in section 32101
    of title 49, United States Code) that has already been purchased by the
    first purchaser (as defined in section 30102(b) of that title) by
    increasing the wheelbase of the vehicle to make the vehicle a limousine.

        (c) Application.--The requirements of this section apply
    notwithstanding section 30112(b)(1) of title 49, United States Code.

    [[Page 135 STAT. 783]]

                   TITLE IV--HIGHWAY AND MOTOR VEHICLE SAFETY

                       Subtitle A--Highway Traffic Safety

    SEC. 24101. <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 784]]

        (b) <<NOTE: 23 USC 401 note.>>  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) <<NOTE: Apportionment. Time period.>>  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. <<NOTE: 23 USC 406.>>  General requirements for
                    Federal assistance

        ``(a) Definition of Funded Project.--In this section, the term
    `funded project' means a project funded, in whole or in part, by a grant
    provided under section 402 or 405.
        ``(b) Regulatory Authority.--Each funded project shall be carried
    out in accordance with applicable regulations promulgated by the
    Secretary.
        ``(c) State Matching Requirements.--If a grant provided under this
    chapter requires any State to share in the cost of a funded project, the
    aggregate of the expenditures made by the State (including any political
    subdivision of the State) for highway safety activities during a fiscal
    year, exclusive of Federal funds, for carrying out the funded project
    (other than expenditures for planning or administration) shall be
    credited toward the non-Federal share of the cost of any other funded
    project (other than planning and administration) during that fiscal
    year, regardless of whether those expenditures were made in connection
    with the project.
        ``(d) Grant Application and Deadline.--
                ``(1) Applications.--To be eligible to receive a grant under
            this chapter, a State shall submit to the Secretary an
            application at such time, in such manner, and containing such
            information as the Secretary may require.
                ``(2) Deadline.--The Secretary shall establish a single
            deadline for the submission of applications under paragraph (1)
            to enable the provision of grants under this chapter early in
            each applicable fiscal year beginning after the date of
            submission.

        ``(e) <<NOTE: Deadline.>>  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.''.

    [[Page 135 STAT. 785]]

                (2) Clerical amendment.--The analysis for chapter 4 of title
            23, United States Code, <<NOTE: 23 USC 401 prec.>>  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

    [[Page 135 STAT. 786]]

                              ``(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.--

    [[Page 135 STAT. 787]]

                        ``(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) <<NOTE: Certification.>>
                                    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) <<NOTE: Territories.>>  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

    [[Page 135 STAT. 788]]

                          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) <<NOTE: Determination.>>
                                    determines that the State is
                                    implementing such a program.
                              ``(ii) Factor for consideration.--In
                          determining the amount of the reduction in funds
                          apportioned to a State under this subparagraph,
                          the Secretary shall take into consideration the
                          gravity of the failure by the State to secure
                          approval, or to implement, a highway safety
                          program described in subsection (a)(1).
                        ``(E) Limitations.--
                              ``(i) In general.--A highway safety program
                          approved by the Secretary shall not include any
                          requirement that a State shall implement such a
                          program by adopting or enforcing any law, rule, or
                          regulation based on a guideline promulgated by the
                          Secretary under this section requiring any
                          motorcycle operator aged 18 years or older, or a
                          motorcycle passenger aged 18 years or older, to
                          wear a safety helmet when operating or riding a
                          motorcycle on the streets and highways of that
                          State.
                              ``(ii) Effect of guidelines.--Nothing in this
                          section requires a State highway safety program to
                          require compliance with every uniform guideline,
                          or with every element of every uniform guideline,
                          in every State.
                ``(3) Reapportionment.--
                        ``(A) <<NOTE: Approval. Determination. Deadline.>>
                    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) <<NOTE: Determination.>>  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.

    [[Page 135 STAT. 789]]

                        ``(D) Automated traffic enforcement system
                    guidelines. <<NOTE: Compliance.>> --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) <<NOTE: Deadline.>>  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)--

    [[Page 135 STAT. 790]]

                                        (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) <<NOTE: Review. Deadline.>>  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) <<NOTE: Determinations.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 791]]

                              ``(ii) <<NOTE: Compliance.>>  complies with
                          the requirements under this subsection.
                        ``(B) <<NOTE: Determination.>>  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) <<NOTE: Updates. Analysis.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Website. Deadline.>>  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

    [[Page 135 STAT. 792]]

                        ``(C) <<NOTE: Evaluation.>>  an evaluation of State
                    achievement of applicable performance targets under
                    subsection (k).
                ``(2) State highway safety plan website.--
                        ``(A) In general.--In carrying out paragraph (1),
                    the Secretary shall establish a public website that is
                    easily accessible, navigable, and searchable for the
                    information required under that paragraph, in order to
                    foster greater transparency in approved State highway
                    safety programs.
                        ``(B) Contents.--The website established under
                    subparagraph (A) shall--
                              ``(i) include the applicable triennial highway
                          safety plan, and the annual report, of each State
                          submitted to, and approved by, the Secretary under
                          subsection (k); and
                              ``(ii) provide a means for the public to
                          search the website for State highway safety
                          program content required under subsection (k),
                          including--
                                        ``(I) performance measures required
                                    by the Secretary;
                                        ``(II) progress made toward meeting
                                    the applicable performance targets
                                    during the preceding program year;
                                        ``(III) program areas and
                                    expenditures; and
                                        ``(IV) a description of any sources
                                    of funds, other than funds provided
                                    under this section, that the State
                                    proposes to use to carry out the
                                    triennial highway safety plan of the
                                    State.''.

        (b) <<NOTE: 23 USC 402 note.>>  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

    [[Page 135 STAT. 793]]

                        (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) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 794]]

                                        ``(I) <<NOTE: Notification.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Evaluation.>>  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).

    [[Page 135 STAT. 795]]

                ``(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) <<NOTE: Time periods. Allocation.>>  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) <<NOTE: Time periods.>>  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:

    [[Page 135 STAT. 796]]

                              ``(v) implement programs--
                                        ``(I) to recruit and train
                                    nationally certified child passenger
                                    safety technicians among police
                                    officers, fire and other first
                                    responders, emergency medical personnel,
                                    and other individuals or organizations
                                    serving low-income and underserved
                                    populations;
                                        ``(II) to educate parents and
                                    caregivers in low-income and underserved
                                    populations regarding the importance of
                                    proper use and correct installation of
                                    child restraints on every trip in a
                                    motor vehicle; and
                                        ``(III) to purchase and distribute
                                    child restraints to low-income and
                                    underserved populations; and''; and
                              (ii) by striking subparagraph (B) and
                          inserting the following:
                        ``(B) Requirements.--Each State that is eligible to
                    receive funds--
                              ``(i) under paragraph (3)(A) shall use--
                                        ``(I) not more than 90 percent of
                                    those funds to carry out a project or
                                    activity eligible for funding under
                                    section 402; and
                                        ``(II) not less than 10 percent of
                                    those funds to carry out subparagraph
                                    (A)(v); and
                              ``(ii) under paragraph (3)(B) shall use not
                          less than 10 percent of those funds to carry out
                          the activities described in subparagraph
                          (A)(v).'';
                (3) in subsection (c)--
                        (A) in paragraph (1)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``of Transportation''; and
                              (ii) in subparagraph (D), by striking
                          ``States; and'' and inserting ``States, including
                          the National EMS Information System;'';
                        (B) in paragraph (3)--
                              (i) by striking the paragraph designation and
                          heading and all that follows through ``has a
                          functioning'' in subparagraph (A) and inserting
                          the following:
                ``(3) Eligibility.--A State shall not be eligible to receive
            a grant under this subsection for a fiscal year unless the
            State--
                        ``(A) <<NOTE: Certification.>>  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;

    [[Page 135 STAT. 797]]

                              (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

    [[Page 135 STAT. 798]]

                    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;

    [[Page 135 STAT. 799]]

                                        ``(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) <<NOTE: Time periods.>>  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

    [[Page 135 STAT. 800]]

                                    purpose of determining the presence or
                                    concentration of any intoxicating
                                    substance, a State law requiring a
                                    period of not less than 180 days of
                                    ignition interlock installation on each
                                    motor vehicle to be operated by the
                                    individual; and
                                        ``(II) a compliance-based removal
                                    program, under which an individual
                                    convicted of driving under the influence
                                    of alcohol or of driving while
                                    intoxicated shall--
                                                ``(aa) satisfy a period of
                                            not less than 180 days of
                                            ignition interlock installation
                                            on each motor vehicle to be
                                            operated by the individual; and
                                                ``(bb) have completed a
                                            minimum consecutive period of
                                            not less than 40 percent of the
                                            required period of ignition
                                            interlock installation
                                            immediately preceding the date
                                            of release of the individual,
                                            without a confirmed
                                            violation.''; and
                              (ii) in subparagraph (D), by striking ``2009''
                          and inserting ``2022''; and
                        (C) in paragraph (7)(A), in the matter preceding
                    clause (i), by inserting ``or local'' after ``authorizes
                    a State'';
                (5) in subsection (e)--
                        (A) by striking paragraphs (6) and (8);
                        (B) by redesignating paragraphs (1), (2), (3), (4),
                    (5), (7), and (9) as paragraphs (2), (4), (6), (7), (8),
                    (9), and (1), respectively, and moving the paragraphs so
                    as to appear in numerical order;
                        (C) in paragraph (1) (as so redesignated)--
                              (i) in the matter preceding subparagraph (A),
                          by striking ``, the following definitions apply'';
                              (ii) by striking subparagraph (B) and
                          inserting the following:
                        ``(B) <<NOTE: Definition.>>  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) <<NOTE: Definitions.>>  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

    [[Page 135 STAT. 801]]

                          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

    [[Page 135 STAT. 802]]

                          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)'';

    [[Page 135 STAT. 803]]

                              (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'';

    [[Page 135 STAT. 804]]

                        (D) in paragraph (4) (as so redesignated), by
                    striking ``pedestrian and bicycle'' and inserting
                    ``nonmotorized road user''; and
                        (E) by striking paragraph (5) (as so redesignated)
                    and inserting the following:
                ``(5) Use of grant amounts.--Grant funds received by a State
            under this subsection may be used for the safety of nonmotorized
            road users, including--
                        ``(A) training of law enforcement officials relating
                    to nonmotorized road user safety, State laws applicable
                    to nonmotorized road user safety, and infrastructure
                    designed to improve nonmotorized road user safety;
                        ``(B) carrying out a program to support enforcement
                    mobilizations and campaigns designed to enforce State
                    traffic laws applicable to nonmotorized road user
                    safety;
                        ``(C) public education and awareness programs
                    designed to inform motorists and nonmotorized road users
                    regarding--
                              ``(i) nonmotorized road user safety, including
                          information relating to nonmotorized mobility and
                          the importance of speed management to the safety
                          of nonmotorized road users;
                              ``(ii) the value of the use of nonmotorized
                          road user safety equipment, including lighting,
                          conspicuity equipment, mirrors, helmets, and other
                          protective equipment, and compliance with any
                          State or local laws requiring the use of that
                          equipment;
                              ``(iii) State traffic laws applicable to
                          nonmotorized road user safety, including the
                          responsibilities of motorists with respect to
                          nonmotorized road users; and
                              ``(iv) infrastructure designed to improve
                          nonmotorized road user safety; and
                        ``(D) <<NOTE: Data.>>  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) <<NOTE: Plan.>>  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

    [[Page 135 STAT. 805]]

                          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.

    [[Page 135 STAT. 806]]

                        ``(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) <<NOTE: 23 USC 405 note.>>  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

    [[Page 135 STAT. 807]]

            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) <<NOTE: Assessment. Data.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 23 USC 405 note.>>  CRASH DATA.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 3 years after
    the date of enactment of this Act, the Secretary shall revise the crash
    data collection system to include the collection of crash report data
    elements that distinguish individual personal conveyance vehicles, such
    as electric scooters and bicycles, from other vehicles involved in a
    crash.

        (b) Coordination.--In carrying out subsection (a), the Secretary may
    coordinate with States to update the Model Minimum Uniform Crash
    Criteria to provide guidance to States regarding the collection of
    information and data elements for the crash data collection system.
        (c) Vulnerable Road Users.--
                (1) Update.--Based on the information contained in the
            vulnerable road user safety assessments required by subsection
            (f) of section 32302 of title 49, United States Code (as added
            by section 24213(b)(2)), the Secretary shall modify existing

    [[Page 135 STAT. 808]]

            crash data collection systems to include the collection of
            additional crash report data elements relating to vulnerable
            road user safety.
                (2) <<NOTE: Coordination.>>  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) <<NOTE: Grants.>>  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) <<NOTE: Plan. Deadline.>>  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

    [[Page 135 STAT. 809]]

                              (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) <<NOTE: Public information.>>  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) <<NOTE: Time periods.>>  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) <<NOTE: Review.>>  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.

    [[Page 135 STAT. 810]]

        (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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Public information. Web posting.>>
            Publication.--The report under paragraph (1) shall be made
            publicly available on the website of the Department.

        (b) <<NOTE: 23 USC 402 note.>>  Public Safety Messaging Campaign.--
                (1) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 811]]

                        (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) <<NOTE: Reports. Evaluation.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Evaluation.>>  may include an evaluation
                    of any technological solutions that may enhance school
                    bus safety outside the school bus loading zone.
                (3) Consultation.--In carrying out the review under
            paragraph (1), the Secretary shall consult with--
                        (A) manufacturers of school buses;
                        (B) manufacturers of various technologies that may
                    enhance school bus safety; and
                        (C) representatives of the school bus industry from
                    the public and private sectors.
                (4) <<NOTE: Public information. Web posting.>>
            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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 812]]

                        (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Public information. Web posting.>>
            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) <<NOTE: Research and development. Reports.>>  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) <<NOTE: Public information. Web posting.>>
            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. <<NOTE: 49 USC 355.>>  Motorcyclist Advisory Council

        ``(a) <<NOTE: Deadline.>>  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) <<NOTE: Appointments.>>  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;

    [[Page 135 STAT. 813]]

                        ``(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) <<NOTE: Recommenda- tions.>>  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.--

    [[Page 135 STAT. 814]]

                        ``(A) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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).''.

    [[Page 135 STAT. 815]]

        (b) Clerical Amendment.--The analysis for subchapter III of chapter
    3 of title 49, United States Code, <<NOTE: 49 USC 301 prec.>> is amended
    by inserting after the item relating to section 354 the following:

    ``355. Motorcyclist Advisory Council.''.

        (c) Conforming Amendments.--
                (1) <<NOTE: Repeal.>>  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. <<NOTE: 23 USC 402 note.>>  SAFE STREETS AND ROADS FOR
                                ALL GRANT PROGRAM.

        (a) Definitions.--In this section:
                (1) Comprehensive safety action plan.--The term
            ``comprehensive safety action plan'' means a plan aimed at
            preventing transportation-related fatalities and serious
            injuries in a locality, commonly referred to as a ``Vision
            Zero'' or ``Toward Zero Deaths'' plan, that may include--
                        (A) a goal and timeline for eliminating fatalities
                    and serious injuries;
                        (B) an analysis of the location and severity of
                    vehicle-involved crashes in a locality;
                        (C) an analysis of community input, gathered through
                    public outreach and education;
                        (D) a data-driven approach to identify projects or
                    strategies to prevent fatalities and serious injuries in
                    a locality, such as those involving--
                              (i) education and community outreach;
                              (ii) effective methods to enforce traffic laws
                          and regulations;
                              (iii) new vehicle or other transportation-
                          related technologies; and
                              (iv) roadway planning and design; and
                        (E) mechanisms for evaluating the outcomes and
                    effectiveness of the comprehensive safety action plan,
                    including the means by which that effectiveness will be
                    reported to residents in a locality.
                (2) Eligible entity.--The term ``eligible entity'' means--
                        (A) a metropolitan planning organization;
                        (B) a political subdivision of a State;
                        (C) a federally recognized Tribal government; and
                        (D) a multijurisdictional group of entities
                    described in any of subparagraphs (A) through (C).
                (3) Eligible project.--The term ``eligible project'' means a
            project--
                        (A) to develop a comprehensive safety action plan;
                        (B) to conduct planning, design, and development
                    activities for projects and strategies identified in a
                    comprehensive safety action plan; or
                        (C) to carry out projects and strategies identified
                    in a comprehensive safety action plan.
                (4) Program.--The term ``program'' means the Safe Streets
            and Roads for All program established under subsection (b).

        (b) Establishment.--The Secretary shall establish and carry out a
    program, to be known as the Safe Streets and Roads for All program, that
    supports local initiatives to prevent death and

    [[Page 135 STAT. 816]]

    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) <<NOTE: Deadline.>>  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) <<NOTE: Evaluation.>>  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.

    [[Page 135 STAT. 817]]

                        (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) <<NOTE: Time periods.>>  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) <<NOTE: Time period.>>  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).

    [[Page 135 STAT. 818]]

    SEC. 24113. <<NOTE: Deadlines.>> IMPLEMENTATION OF GAO
                                RECOMMENDATIONS.

        (a) <<NOTE: 47 USC 942 note.>>  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) <<NOTE: 23 USC 402 note.>>  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) <<NOTE: Analysis.>>  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. <<NOTE: Time period.>>  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;

    [[Page 135 STAT. 819]]

                (3) $208,386,224 for fiscal year 2024;
                (4) $212,553,948 for fiscal year 2025; and
                (5) $216,805,027 for fiscal year 2026.
    SEC. 24202. RECALL COMPLETION.

        (a) Reports on Recall Campaigns.--Section 30118 of title 49, United
    States Code, is amended by adding at the end the following:
        ``(f) Reports on Notification Campaigns.--
                ``(1) In general.--Each manufacturer that is conducting a
            campaign under subsection (b) or (c) or any other provision of
            law (including regulations) to notify manufacturers,
            distributors, owners, purchasers, or dealers of a defect or
            noncompliance shall submit to the Administrator of the National
            Highway Traffic Safety Administration--
                        ``(A) by the applicable date described in section
                    573.7(d) of title 49, Code of Federal Regulations (or a
                    successor regulation), a quarterly report describing the
                    campaign for each of 8 consecutive quarters, beginning
                    with the quarter in which the campaign was initiated;
                    and
                        ``(B) <<NOTE: Time periods.>>  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) <<NOTE: Compliance.>>  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) <<NOTE: Publication. List.>>  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) <<NOTE: Deadline.>>  Recall Repair.--Not later than 2 years
    after the date of enactment of this Act, the Comptroller General of the
    United States shall--
                (1) <<NOTE: Study. Determination.>>  conduct a study to
            determine--

    [[Page 135 STAT. 820]]

                        (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) <<NOTE: Reports. Recommenda- tions.>>  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) <<NOTE: Deadline.>>  Ridesharing.--Not later than 18 months
    after the date of enactment of this Act, the Comptroller General shall--
                (1) <<NOTE: Study. Determination.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: Regulations. 49 USC 30111 note.>>  MOTOR
                                VEHICLE SEAT BACK SAFETY STANDARDS.

        (a) <<NOTE: Deadlines.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 49 USC 30111 note.>>  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).

    [[Page 135 STAT. 821]]

                (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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Study. Evaluation.>>  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

    [[Page 135 STAT. 822]]

            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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Coordination.>>  In General.--The Secretary, in
    coordination with other relevant Federal departments and agencies,
    including the Secretary of Agriculture, the Secretary of Education, and
    the Secretary of Health and Human Services, shall conduct a study to
    review the status of motor vehicle child safety seat accessibility for
    low-income families and underserved populations.

        (b) Addressing Needs.--In conducting the study under subsection (a),
    the Secretary shall--
                (1) <<NOTE: Examination.>>  examine the impact of Federal
            funding provided under section 405 of title 23, United States
            Code; and

    [[Page 135 STAT. 823]]

                (2) <<NOTE: Plan.>>  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. <<NOTE: 49 USC 30129.>>  Crash avoidance technology

        ``(a) <<NOTE: Regulations.>>  In General.--The Secretary of
    Transportation shall promulgate a rule--
                ``(1) to establish minimum performance standards with
            respect to crash avoidance technology; and
                ``(2) <<NOTE: Requirement.>>  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) <<NOTE: Determination.>>  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, <<NOTE: 49 USC 30101 prec.>>  is
    amended by adding at the end the following:

    ``30129. Crash avoidance technology.''.

    SEC. 24209. <<NOTE: 49 USC 30111 note.>>  REDUCTION OF DRIVER
                                DISTRACTION.

        (a) <<NOTE: Deadline. Research and development.>>  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) <<NOTE: Determinations.>>  Rulemaking.--
                (1) In general.--If, based on the research completed under
            subsection (a), the Secretary determines that--

    [[Page 135 STAT. 824]]

                        (A) <<NOTE: Deadline.>>  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. <<NOTE: 49 USC 308 note.>>  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);

    [[Page 135 STAT. 825]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: List.>>  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. <<NOTE: 49 USC 30101 note.>>  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. <<NOTE: 49 USC 30111 note.>>  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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 826]]

                        (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) <<NOTE: Deadline. 49 USC 32302 note.>>  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) <<NOTE: Deadline. Publication. Public comment.>>
            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) <<NOTE: Determinations.>>  Inclusions.--The notice
            under paragraph (1) shall include--
                        ``(A) an appropriate methodology for--
                              ``(i) determining which advanced crash-
                          avoidance technologies shall be included in the
                          information;
                              ``(ii) developing performance test criteria
                          for use by manufacturers in evaluating advanced
                          crash-avoidance technologies;
                              ``(iii) determining a distinct rating
                          involving each advanced crash-avoidance technology
                          to be included; and
                              ``(iv) <<NOTE: Updates.>>  updating overall
                          vehicle ratings to incorporate advanced crash-
                          avoidance technology ratings; and
                        ``(B) <<NOTE: Analyses.>>  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

    [[Page 135 STAT. 827]]

            for implementing an advanced crash-avoidance technology
            information and rating system, in accordance with subsection
            (a).

        ``(f) Vulnerable Road User Safety.--
                ``(1) <<NOTE: Deadline. Publication. Public comment.>>
            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) <<NOTE: Determinations.>>  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) <<NOTE: Updates.>>  updating overall
                          vehicle ratings to incorporate vulnerable road
                          user safety technology ratings; and
                        ``(B) <<NOTE: Analyses.>>  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. <<NOTE: 49 USC 32310.>>  New Car Assessment Program
                        roadmap

        ``(a) <<NOTE: Deadlines.>>  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) <<NOTE: Time periods.>>  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

    [[Page 135 STAT. 828]]

                        ``(D) any other relevant plans of the National
                    Highway Traffic Safety Administration.

        ``(c) Contents.--A roadmap under subsection (a) shall include--
                ``(1) <<NOTE: Plan.>>  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) <<NOTE: Public comments.>>  Considerations.--Before finalizing
    a roadmap under this section, the Secretary shall--
                ``(1) make the roadmap available for public comment;
                ``(2) <<NOTE: Review.>>  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--

    [[Page 135 STAT. 829]]

                ``(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, <<NOTE: 49 USC 32301 prec.>>  is
            amended by adding at the end the following:

    ``32310. New Car Assessment Program roadmap.''.

    SEC. 24214. <<NOTE: 49 USC 32502 note.>>  HOOD AND BUMPER
                                STANDARDS.

        (a) <<NOTE: Deadline. Public comment.>>  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).

    [[Page 135 STAT. 830]]

    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) <<NOTE: Evaluation.>>  to evaluate the early
                    warning reporting data submitted under section 30166(m)
                    of title 49, United States Code (including regulations);
                    and
                        (B) to identify improvements, if any, that would
                    enhance the use by the National Highway Traffic
                    Administration of early warning reporting data to
                    enhance safety; and
                (2) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 49 USC 32302 note.>>  IMPROVED VEHICLE SAFETY
                                DATABASES.

        Not <<NOTE: Deadline. Consultation. Public information.>>  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.

    [[Page 135 STAT. 831]]

    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, <<NOTE: 49 USC 30301 prec.>>  is amended by striking
    the item relating to section 30306.
    SEC. 24219. <<NOTE: Deadlines. 23 USC 503 note.>>  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) <<NOTE: Public information. Analysis.>>  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. <<NOTE: 49 USC 30111 note.>>  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--

    [[Page 135 STAT. 832]]

                              (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.-- <<NOTE: Deadline.>> 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) <<NOTE: Compliance. Time period.>>  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) <<NOTE: Determinations.>>  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) <<NOTE: Extension. Deadline.>>  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) <<NOTE: Reports.>>  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;

    [[Page 135 STAT. 833]]

                        (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) <<NOTE: Timeline.>>  an anticipated timeline for
                    prescribing the Federal motor vehicle safety standard
                    described in subsection (c); and
                (3) <<NOTE: Deadline. Reports.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Examination.>>  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 135 STAT. 834]]

                        (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) <<NOTE: Evaluation.>>  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) <<NOTE: Analyses.>>  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) <<NOTE: Assessments. Recommenda- tions.>>  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

    [[Page 135 STAT. 835]]

                (3) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 49 USC 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) <<NOTE: Deadline.>>  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) <<NOTE: Effective date.>>  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, <<NOTE: 49 USC 32301 prec.>>  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

    [[Page 135 STAT. 836]]

                          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) <<NOTE: Survey. Evaluation.>>  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) <<NOTE: Recommenda- tions.>>  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;

    [[Page 135 STAT. 837]]

                        ``(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. <<NOTE: 23 USC 502 note.>>  SMART COMMUNITY RESOURCE
                                CENTER.

        (a) Definitions.--In this section:
                (1) Resource center.--The term ``resource center'' means the
            Smart Community Resource Center established under subsection
            (b).
                (2) Smart community.--The term ``smart community'' means a
            community that uses innovative technologies, data, analytics,
            and other means to improve the community and address local
            challenges.

        (b) <<NOTE: Public information. Web posting.>>  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--

    [[Page 135 STAT. 838]]

                (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. <<NOTE: 49 USC 6302 note.>>  FEDERAL SUPPORT FOR LOCAL
                                DECISIONMAKING.

        (a) <<NOTE: Determination.>>  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) <<NOTE: Reviews Updates.>>  Work Plan.--
                (1) <<NOTE: Deadline.>>  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);

    [[Page 135 STAT. 839]]

                        (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) <<NOTE: Cost estimate.>>  the estimated cost of
                    obtaining each dataset described in subparagraph (B);
                        (E) <<NOTE: Cost estimate.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 840]]

                (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. <<NOTE: 23 USC 502 note.>>  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) <<NOTE: Determination.>>  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,

    [[Page 135 STAT. 841]]

            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) <<NOTE: Evaluation.>>  In general.--The
                    Secretary shall evaluate applications for SMART grants
                    based on--
                              (i) the extent to which the eligible entity or
                          applicable beneficiary community--
                                        (I) has a public transportation
                                    system or other transit options capable
                                    of integration with other systems to
                                    improve mobility and efficiency;
                                        (II) has a population density and
                                    transportation needs conducive to
                                    demonstrating proposed strategies;
                                        (III) has continuity of committed
                                    leadership and the functional capacity
                                    to carry out the proposed project;
                                        (IV) is committed to open data
                                    sharing with the public; and
                                        (V) is likely to successfully
                                    implement the proposed eligible project,
                                    including through technical and
                                    financial commitments from the public
                                    and private sectors; and
                              (ii) the extent to which a proposed eligible
                          project will use advanced data, technology, and
                          applications to provide significant benefits to a
                          local area, a State, a region, or the United
                          States, including the extent to which the proposed
                          eligible project will--
                                        (I) reduce congestion and delays for
                                    commerce and the traveling public;
                                        (II) improve the safety and
                                    integration of transportation facilities
                                    and systems for pedestrians, bicyclists,
                                    and the broader traveling public;
                                        (III) improve access to jobs,
                                    education, and essential services,
                                    including health care;
                                        (IV) connect or expand access for
                                    underserved or disadvantaged populations
                                    and reduce transportation costs;
                                        (V) contribute to medium- and long-
                                    term economic competitiveness;
                                        (VI) improve the reliability of
                                    existing transportation facilities and
                                    systems;
                                        (VII) promote connectivity between
                                    and among connected vehicles, roadway
                                    infrastructure, pedestrians, bicyclists,
                                    the public, and transportation systems
                                        (VIII) incentivize private sector
                                    investments or partnerships, including
                                    by working with mobile and fixed
                                    telecommunication service providers, to
                                    the extent practicable;
                                        (IX) improve energy efficiency or
                                    reduce pollution;
                                        (X) increase the resiliency of the
                                    transportation system; and

    [[Page 135 STAT. 842]]

                                        (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

    [[Page 135 STAT. 843]]

                          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.

    [[Page 135 STAT. 844]]

        (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) <<NOTE: Data.>>  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

    [[Page 135 STAT. 845]]

                          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) <<NOTE: Public information. Web
                          posting.>>  publish the best practices under
                          clause (i) on a publicly available website; and
                              (iii) <<NOTE: Updates.>>  update the best
                          practices published on the website under clause
                          (ii) regularly.

        (g) Authorization of Appropriations.--
                (1) <<NOTE: Time period.>>  In general.--There is authorized
            to be appropriated to the Secretary $100,000,000 for each of the
            first 5 fiscal years beginning after the date of enactment of
            this Act, of which--
                        (A) not more than 40 percent shall be used to
                    provide SMART grants for eligible projects that
                    primarily benefit large communities;
                        (B) not more than 30 percent shall be provided for
                    eligible projects that primarily benefit midsized
                    communities; and
                        (C) not more than 30 percent shall be used to
                    provide SMART grants for eligible projects that
                    primarily benefit rural communities or regional
                    partnerships.
                (2) Administrative costs.--Of the amounts made available
            under paragraph (1) for each fiscal year, not more than 2
            percent shall be used for administrative costs of the Secretary
            in carrying out this section.
                (3) Limitation.--An eligible entity may not use more than 3
            percent of the amount of a SMART grant for each fiscal year to
            achieve compliance with applicable planning and reporting
            requirements.
                (4) <<NOTE: Time period.>>  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. <<NOTE: 23 USC 151 note.>>  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) <<NOTE: Deadline. Recommenda- tions.>>  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.

    [[Page 135 STAT. 846]]

                (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) <<NOTE: Appointments.>>  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;

    [[Page 135 STAT. 847]]

                                                (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) <<NOTE: Time period.>>  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;

    [[Page 135 STAT. 848]]

                              (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) <<NOTE: Analysis.>>  an analysis of current
                    efforts to overcome the barriers described in
                    subparagraph (A);
                        (D) <<NOTE: Analysis. Cost estimates.>>  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) <<NOTE: Update.>>  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;

    [[Page 135 STAT. 849]]

                              (v) prepare the workforce for the adoption of
                          electric vehicles, including through collaboration
                          with labor unions, educational institutions, and
                          relevant manufacturers;
                              (vi) expand electric vehicle and charging
                          infrastructure;
                              (vii) expand knowledge of the benefits of
                          electric vehicles among the general public;
                              (viii) maintain the global competitiveness of
                          the United States in the electric vehicle and
                          charging infrastructure markets;
                              (ix) provide clarity in regulations to improve
                          national uniformity with respect to electric
                          vehicles; and
                              (x) ensure the sustainable integration of
                          electric vehicles into the national electric grid.
                        (B) Notice and comment.--In carrying out
                    subparagraph (A), the Secretaries shall provide public
                    notice and opportunity for comment on the strategy
                    described in that subparagraph.
                (4) Information.--
                        (A) <<NOTE: Contracts.>>  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. <<NOTE: 49 USC 301 note.>>  RISK AND SYSTEM
                                RESILIENCE.

        (a) <<NOTE: Consultation.>>  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;

    [[Page 135 STAT. 850]]

                (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. <<NOTE: 49 USC 313.>>  Nontraditional and Emerging
                    Transportation Technology Council

        ``(a) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 851]]

                        ``(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) <<NOTE: Deadline.>>  Best Practices.--Not later than 1 year
    after the date of enactment of this section, the Council shall--
                ``(1) <<NOTE: Publication. Guidelines.>>  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.

    [[Page 135 STAT. 852]]

        ``(e) Support.--The Office of the Secretary shall provide support
    for the Council.
        ``(f) <<NOTE: Time period.>>  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) <<NOTE: Time period. Public information. Web
    posting. Reports.>>  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, <<NOTE: 49 USC 301 prec.>>  is amended
    by adding at the end the following:

    ``313. Nontraditional and Emerging Transportation Technology Council.''.

    SEC. 25009. INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT
                                CENTER.

        (a) In General.--Section 102 of title 49, United States Code (as
    amended by section 14009), is amended--
                (1) in subsection (a), by inserting ``(referred to in this
            section as the `Department')'' after ``Transportation'';
                (2) in subsection (b), in the first sentence, by inserting
            ``(referred to in this section as the `Secretary')'' after
            ``Transportation'';
                (3) by redesignating subsection (h) as subsection (i); and
                (4) by inserting after subsection (g) the following:

        ``(h) Interagency Infrastructure Permitting Improvement Center.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Center.--The term `Center' means the
                    Interagency Infrastructure Permitting Improvement Center
                    established by paragraph (2).
                        ``(B) Project.--The term `project' means a project
                    authorized or funded under--
                              ``(i) this title; or
                              ``(ii) title 14, 23, 46, or 51.
                ``(2) Establishment.--There is established within the Office
            of the Secretary a center, to be known as the `Interagency
            Infrastructure Permitting Improvement Center'.
                ``(3) Purposes.--The purposes of the Center shall be--
                        ``(A) to implement reforms to improve interagency
                    coordination and expedite projects relating to the
                    permitting and environmental review of major
                    transportation infrastructure projects, including--
                              ``(i) developing and deploying information
                          technology tools to track project schedules and
                          metrics; and

    [[Page 135 STAT. 853]]

                              ``(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) <<NOTE: Reports.>>  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--

    [[Page 135 STAT. 854]]

                              ``(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. <<NOTE: 49 USC 102 note.>>  RURAL OPPORTUNITIES TO USE
                                TRANSPORTATION FOR ECONOMIC SUCCESS
                                INITIATIVE.

        (a) Definitions.--In this section:

    [[Page 135 STAT. 855]]

                (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;

    [[Page 135 STAT. 856]]

                        (D) carry out research and utilize innovative
                    approaches to resolve the transportation challenges
                    faced by rural areas and Indian Tribes; and
                        (E) perform such other duties as determined by the
                    Secretary.

        (c) Routes Council.--
                (1) In general.--The Secretary shall establish a Rural
            Opportunities to Use Transportation for Economic Success
            Council--
                        (A) to organize, guide, and lead the ROUTES Office;
                    and
                        (B) to coordinate rural-related and Tribal-related
                    funding programs and assistance among the modal
                    administrations of the Department, the offices of the
                    Department, and other Federal agencies, as appropriate--
                              (i) to ensure that the unique transportation
                          needs and attributes of rural areas and Indian
                          Tribes are fully addressed during the development
                          and implementation of programs, policies, and
                          activities of the Department;
                              (ii) to increase coordination of programs,
                          policies, and activities of the Department in a
                          manner that improves and expands transportation
                          infrastructure in order to further economic
                          development in, and the quality of life of, rural
                          areas and Indian Tribes; and
                              (iii) to provide rural areas and Indian Tribes
                          with proactive outreach--
                                        (I) to improve access to
                                    discretionary funding and financing
                                    programs; and
                                        (II) to facilitate timely resolution
                                    of environmental reviews for complex or
                                    high-priority projects.
                (2) Membership.--
                        (A) In general.--The ROUTES Council shall be
                    composed of the following officers of the Department, or
                    their designees:
                              (i) The Deputy Secretary of Transportation.
                              (ii) The Under Secretary of Transportation for
                          Policy.
                              (iii) The General Counsel.
                              (iv) The Chief Financial Officer and Assistant
                          Secretary for Budget and Programs.
                              (v) The Assistant Secretary for Research and
                          Technology.
                              (vi) The Assistant Secretary for Multimodal
                          Freight.
                              (vii) The Administrators of--
                                        (I) the Federal Aviation
                                    Administration;
                                        (II) the Federal Highway
                                    Administration;
                                        (III) the Federal Railroad
                                    Administration; and
                                        (IV) the Federal Transit
                                    Administration.
                              (viii) The Executive Director of the Build
                          America Bureau.
                              (ix) The Assistant Secretary for Governmental
                          Affairs.
                              (x) The Assistant Secretary for Transportation
                          Policy.

    [[Page 135 STAT. 857]]

                              (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) <<NOTE: Consultation.>>  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) <<NOTE: Reports.>>  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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 49 USC 301 note.>>  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.

    [[Page 135 STAT. 858]]

        (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

    [[Page 135 STAT. 859]]

                                        (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) <<NOTE: Determination.>>  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. <<NOTE: 49 USC 119.>>  Advanced Research Projects
                    Agency-Infrastructure

        ``(a) Definitions.--In this section:

    [[Page 135 STAT. 860]]

                ``(1) ARPA-I.-- The term `ARPA-I' means the Advanced
            Research Projects Agency-Infrastructure established by
            subsection (b).
                ``(2) Department.--The term `Department' means the
            Department of Transportation.
                ``(3) Director.--The term `Director' means the Director of
            ARPA-I appointed under subsection (d).
                ``(4) Eligible entity.--The term `eligible entity' means--
                        ``(A) a unit of State or local government;
                        ``(B) an institution of higher education;
                        ``(C) a commercial entity;
                        ``(D) a research foundation;
                        ``(E) a trade or industry research collaborative;
                        ``(F) a federally funded research and development
                    center;
                        ``(G) a research facility owned or funded by the
                    Department;
                        ``(H) a collaborative that includes relevant
                    international entities; and
                        ``(I) a consortia of 2 or more entities described in
                    any of subparagraphs (A) through (H).
                ``(5) Infrastructure.--
                        ``(A) In general.--The term `infrastructure' means
                    any transportation method or facility that facilitates
                    the transit of goods or people within the United States
                    (including territories).
                        ``(B) Inclusions.--The term `infrastructure'
                    includes--
                              ``(i) roads;
                              ``(ii) highways;
                              ``(iii) bridges;
                              ``(iv) airports;
                              ``(v) rail lines;
                              ``(vi) harbors; and
                              ``(vii) pipelines.
                ``(6) Secretary.--The term `Secretary' means the Secretary
            of Transportation.

        ``(b) Establishment.--There is established within the Department an
    agency, to be known as the `Advanced Research Projects Agency-
    Infrastructure', to support the development of science and technology
    solutions--
                ``(1) to overcome long-term challenges; and
                ``(2) to advance the state of the art for United States
            transportation infrastructure.

        ``(c) Goals.--
                ``(1) In general.--The goals of ARPA-I shall be--
                        ``(A) to advance the transportation infrastructure
                    of the United States by developing innovative science
                    and technology solutions that--
                              ``(i) lower the long-term costs of
                          infrastructure development, including costs of
                          planning, construction, and maintenance;
                              ``(ii) reduce the lifecycle impacts of
                          transportation infrastructure on the environment,
                          including through the reduction of greenhouse gas
                          emissions;
                              ``(iii) contribute significantly to improving
                          the safe, secure, and efficient movement of goods
                          and people; and

    [[Page 135 STAT. 861]]

                              ``(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) <<NOTE: President.>>  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

    [[Page 135 STAT. 862]]

            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

    [[Page 135 STAT. 863]]

                          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) <<NOTE: Contracts.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 864]]

                        ``(C)(i) <<NOTE: Notices.>>  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) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Time period.>> Strategic vision roadmap.--Not
            later than October 1, 2022, and not less frequently than once
            every 4 years thereafter, the Director shall submit to the
            relevant authorizing and appropriations committees of Congress a
            roadmap describing the strategic vision that ARPA-I will use to
            guide the selection of future projects for technology investment
            during the 4 fiscal-year period beginning on the date of
            submission of the report.

        ``(i) Coordination and Nonduplication.--The Director shall ensure
    that--
                ``(1) the activities of ARPA-I are coordinated with, and do
            not duplicate the efforts of, programs and laboratories within--
                        ``(A) the Department; and
                        ``(B) other relevant research agencies; and
                ``(2) no funding is provided by ARPA-I for a project, unless
            the eligible entity proposing the project--

    [[Page 135 STAT. 865]]

                        ``(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) <<NOTE: Contracts.>>  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) <<NOTE: Deadline. Contracts.>>  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) <<NOTE: Recommenda- tions.>>  Inclusions.--The
            evaluation under paragraph (1) may include--

    [[Page 135 STAT. 866]]

                        ``(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) <<NOTE: Public information.>>  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.

    [[Page 135 STAT. 867]]

                        ``(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) <<NOTE: Time period.>>  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)), <<NOTE: 49 USC 101
    prec.>>  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. <<NOTE: 49 USC 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--

    [[Page 135 STAT. 868]]

                        ``(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) <<NOTE: Notices.>>  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) <<NOTE: Recommenda- tion.>>  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) <<NOTE: Contracts.>>  seek to enter
                          into an arrangement with the eligible entity to
                          provide funding for the proposed research.

        ``(e) Coordination.--
                ``(1) In general.--The Secretary shall ensure that the
            activities carried out under subsection (c) are coordinated
            with, and do not duplicate the efforts of, programs of the
            Department of Transportation and other Federal agencies.
                ``(2) Intraagency coordination.--The Secretary shall
            coordinate the research carried out under this section with--
                        ``(A) the research, education, and technology
                    transfer activities carried out by grant recipients
                    under section 5505; and
                        ``(B) the research, development, demonstration, and
                    commercial application activities of other relevant
                    programs of the Department of Transportation, including
                    all modal administrations of the Department.
                ``(3) Interagency collaboration.--The Secretary shall
            coordinate, as appropriate, regarding fundamental research with
            the potential for application in the transportation sector
            with--
                        ``(A) the Director of the Office of Science and
                    Technology Policy;
                        ``(B) the Director of the National Science
                    Foundation;
                        ``(C) the Secretary of Energy;
                        ``(D) the Director of the National Institute of
                    Standards and Technology;
                        ``(E) the Secretary of Homeland Security;
                        ``(F) the Administrator of the National Oceanic and
                    Atmospheric Administration;
                        ``(G) the Secretary of Defense; and
                        ``(H) the heads of other appropriate Federal
                    agencies, as determined by the Secretary.

    [[Page 135 STAT. 869]]

        ``(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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Time period.>>  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, <<NOTE: 49 USC 5501 prec.>>  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) <<NOTE: Deadline.>>  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).

    [[Page 135 STAT. 870]]

    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) <<NOTE: Deadline.>>  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) <<NOTE: List.>>  a list of activities the
                    Assistant Secretary or modal administration plans to
                    carry out under the research programs described in
                    subparagraph (B);
                        ``(D) <<NOTE: Assessment.>>  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.'';

    [[Page 135 STAT. 871]]

                (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) <<NOTE: Plan.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Deadline. Review. Public information.>>
            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

    [[Page 135 STAT. 872]]

            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) <<NOTE: Public information. Web posting.>>
            Publication.--Not less frequently than annually, after receiving
            the descriptions under paragraph (1), the Assistant Secretary
            shall publish on a public website a comprehensive database
            including a description of all research projects conducted by
            the Department of Transportation, including research funded
            through university transportation centers under section 5505.
                ``(3) Contents.--The database published under paragraph (2)
            shall--
                        ``(A) be delimited by research project; and
                        ``(B) include a description of, with respect to each
                    research project--
                              ``(i) research objectives;
                              ``(ii) the progress made with respect to the
                          project, including whether the project is ongoing
                          or complete;
                              ``(iii) any outcomes of the project, including
                          potential implications for policy, regulations, or
                          guidance issued by a modal administration or the
                          Department of Transportation;
                              ``(iv) any findings of the project;
                              ``(v) the amount of funds allocated for the
                          project; and
                              ``(vi) such other information as the Assistant
                          Secretary determines to be necessary to address
                          Departmental priorities and statutory mandates;''.
    SEC. 25016. INCORPORATION OF DEPARTMENT OF TRANSPORTATION
                                RESEARCH.

        (a) In General.--Chapter 65 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 6504. <<NOTE: 49 USC 6504.>>  Incorporation of Department
                      of Transportation research

        ``(a) <<NOTE: Deadline. Time period.>>  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;

    [[Page 135 STAT. 873]]

                ``(2) <<NOTE: Determination.>>  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) <<NOTE: Proposal.>>  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, <<NOTE: 49 USC 6501 prec.>>  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)--

    [[Page 135 STAT. 874]]

                              (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) <<NOTE: Research and development.>>  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) <<NOTE: Recommenda- tions.>>  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

    [[Page 135 STAT. 875]]

            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. <<NOTE: 23 USC 114 note.>>  LOCAL HIRING PREFERENCE
                                FOR CONSTRUCTION JOBS.

        (a) Authorization.--
                (1) In general.--A recipient or subrecipient of a grant
            provided by the Secretary under title 23 or 49, United States
            Code, may implement a local or other geographical or economic
            hiring preference relating to the use of labor for construction
            of a project funded by the grant, including prehire agreements,
            subject to any applicable State and local laws, policies, and
            procedures.
                (2) Treatment.--The use of a local or other geographical or
            economic hiring preference pursuant to paragraph (1) in any bid
            for a contract for the construction of a project funded by a
            grant described in paragraph (1) shall not be considered to
            unduly limit competition.

        (b) Workforce Diversity Report.--Not later than 1 year after the
    date of enactment of this Act, the Secretary shall submit to Congress a
    report describing methods--

    [[Page 135 STAT. 876]]

                (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) <<NOTE: Deadline. Web posting.>>  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) <<NOTE: Contracts.>>  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));

    [[Page 135 STAT. 877]]

                              (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) <<NOTE: Recommenda- tions.>>  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. <<NOTE: 49 USC 5507.>>  Transportation workforce
                      outreach program

        ``(a) <<NOTE: Public information. Time period.>>  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

    [[Page 135 STAT. 878]]

                ``(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) <<NOTE: Time period.>>  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)), <<NOTE: 49 USC 5501 prec.>>  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, <<NOTE: 49 USC 5501 prec.>>  is amended
    by striking the item relating to section 5502.
    SEC. 25022. <<NOTE: 49 USC 301 note.>>  GAO CYBERSECURITY
                                RECOMMENDATIONS.

        (a) <<NOTE: Deadline. Updates.>>  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) <<NOTE: Strategy.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Review.>>  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) <<NOTE: Examination.>>  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,

    [[Page 135 STAT. 879]]

            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) <<NOTE: Evaluation.>>  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. <<NOTE: 49 USC 330 note.>>  VOLPE OVERSIGHT.

        (a) <<NOTE: Deadline.>>  Financial Management.--Not later than 1
    year after the date of enactment of this Act, the Secretary shall
    implement the recommendations of the Inspector General of the Department
    included in the report entitled ``DOT Needs to Strengthen Its Oversight
    of IAAs With Volpe'' and dated September 30, 2019, to improve planning,
    financial management, and the sharing of performance information with
    respect to intraagency agreements with the John A. Volpe National
    Transportation Systems Center (referred to in this section as the
    ``Volpe Center'').

        (b) GAO Review.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Evaluation.>>  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;

    [[Page 135 STAT. 880]]

                        (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 <<NOTE: Consultation. Reports.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Consultation. Public information. Web
    posting. Recommenda- tions.>>  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

    [[Page 135 STAT. 881]]

    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. <<NOTE: Reports.>>  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. <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 882]]

        ``(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

    [[Page 135 STAT. 883]]

                    grants awarded under this section during a prior fiscal
                    year.
                        ``(B) Other hazardous material training
                    activities.--For each fiscal year, after providing
                    grants under paragraph (1), if funds remain available,
                    the Secretary may use the amounts described in
                    subparagraph (A)--
                              ``(i) to make grants under--
                                        ``(I) subsection (a)(1)(C);
                                        ``(II) subsection (i); and
                                        ``(III) section 5107(e);
                              ``(ii) to conduct monitoring and provide
                          technical assistance under subsection (e);
                              ``(iii) to publish and distribute the
                          emergency response guide referred to in subsection
                          (h)(3); and
                              ``(iv) to pay administrative costs in
                          accordance with subsection (h)(4).
                        ``(C) Obligation limitation.--Notwithstanding any
                    other provision of law, for each fiscal year, amounts
                    described in subparagraph (A) shall not be included in
                    the obligation limitation for the Hazardous Materials
                    Emergency Preparedness grant program for that fiscal
                    year.''.
    SEC. 26003. REAL-TIME EMERGENCY RESPONSE INFORMATION.

        Section 7302 of the FAST Act (49 U.S.C. 20103 note; Public Law 114-
    94) is amended--
                (1) in subsection (a)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``1 year after the date of enactment of this
                    Act'' and inserting ``December 5, 2022'';
                        (B) in paragraph (1), by amending subparagraph (B)
                    to read as follows:
                        ``(B) to provide the electronic train consist
                    information described in subparagraph (A) to authorized
                    State and local first responders, emergency response
                    officials, and law enforcement personnel that are
                    involved in the response to, or investigation of, an
                    accident, incident, or public health or safety emergency
                    involving the rail transportation of hazardous
                    materials;'';
                        (C) by striking paragraph (2);
                        (D) by redesignating paragraphs (3), (4), (5), (6),
                    and (7) as paragraphs (2), (3), (4), (5), and (6),
                    respectively; and
                        (E) in paragraph (3), as redesignated, by striking
                    ``paragraph (3)'' and inserting ``paragraph (2)'';
                (2) in subsection (b)--
                        (A) by striking paragraphs (1) and (4); and
                        (B) by redesignating paragraphs (2), (3), (5), (6),
                    and (7) as paragraphs (1), (2), (3), (4), and (5),
                    respectively; and
                (3) in subsection (c), by striking ``, as described in
            subsection (a)(1)(B),''.

    [[Page 135 STAT. 884]]

                          TITLE VII--GENERAL PROVISIONS

    SEC. 27001. <<NOTE: 49 USC 301 note.>>  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.

    [[Page 135 STAT. 885]]

    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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Assessments.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Recommenda- tions.>>  recommendations
                    for improving the ability of the Department to carry out
                    activities relating to travel and

    [[Page 135 STAT. 886]]

                    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--

    [[Page 135 STAT. 887]]

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

        (b) Wildlife Restoration Fund Administration.--
                (1) Allocation and apportionment of available amounts.--
            Section 4(a) of the Pittman-Robertson Wildlife Restoration Act
            (16 U.S.C. 669c(a)) is amended--
                        (A) in paragraph (1), by striking subparagraph (B)
                    and inserting the following:
                        ``(B) Available amounts.--The available amount
                    referred to in subparagraph (A) is--

    [[Page 135 STAT. 888]]

                              ``(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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 889]]

                              (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) <<NOTE: Reports.>>  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) <<NOTE: 16 USC 1801 note.>>  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:

    [[Page 135 STAT. 890]]

                ``(1) Assault on a transit worker.--The term `assault on a
            transit worker' means a circumstance in which an individual
            knowingly, without lawful authority or permission, and with
            intent to endanger the safety of any individual, or with a
            reckless disregard for the safety of human life, interferes
            with, disables, or incapacitates a transit worker while the
            transit worker is performing the duties of the transit
            worker.''; and
                (3) in subparagraph (G) of paragraph (4) (as so
            redesignated)--
                        (A) by redesignating clauses (iv) and (v) as clauses
                    (v) and (vi), respectively;
                        (B) by inserting after clause (iii) the following:
                              ``(iv) provides that if equipment to fuel
                          privately owned zero-emission passenger vehicles
                          is installed, the recipient of assistance under
                          this chapter shall collect fees from users of the
                          equipment in order to recover the costs of
                          construction, maintenance, and operation of the
                          equipment;'';
                        (C) in clause (vi) (as so redesignated)--
                              (i) in subclause (XIII), by striking ``and''
                          at the end;
                              (ii) in subclause (XIV), by adding ``and''
                          after the semicolon; and
                              (iii) by adding at the end the following:
                                        ``(XV) technology to fuel a zero-
                                    emission vehicle;''.

        (b) Conforming Amendments.--
                (1) Section 601(a)(12)(E) of title 23, United States Code,
            is amended by striking ``section 5302(3)(G)(v)'' and inserting
            ``section 5302(4)(G)(v)''.
                (2) Section 5323(e)(3) of title 49, United States Code, is
            amended by striking ``section 5302(3)(J)'' and inserting
            ``section 5302(4)(J)''.
                (3) Section 5336(e) of title 49, United States Code, is
            amended by striking ``, as defined in section 5302(4)''.
                (4) Section 28501(4) of title 49, United States Code, is
            amended by striking ``section 5302(a)(6)'' and inserting
            ``section 5302''.
    SEC. 30002. METROPOLITAN TRANSPORTATION PLANNING.

        (a) In General.--Section 5303 of title 49, United States Code, is
    amended--
                (1) in subsection (a)(1), by inserting ``and better connect
            housing and employment'' after ``urbanized areas'';
                (2) in subsection (g)(3)(A), by inserting ``housing,'' after
            ``economic development,'';
                (3) in subsection (h)(1)(E), by inserting ``, housing,''
            after ``growth'';
                (4) in subsection (i)--
                        (A) in paragraph (4)(B)--
                              (i) by redesignating clauses (iii) through
                          (vi) as clauses (iv) through (vii), respectively;
                          and
                              (ii) by inserting after clause (ii) the
                          following:
                              ``(iii) assumed distribution of population and
                          housing;''; and

    [[Page 135 STAT. 891]]

                        (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) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 892]]

                                            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:

    [[Page 135 STAT. 893]]

                        ``(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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 894]]

                    travel in parts of the applicable urbanized area or
                    rural area described in subparagraph (A) with lower
                    population density or lower average income levels.''.
    SEC. 30005. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS.

        (a) In General.--Section 5309 of title 49, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) by striking paragraph (6);
                        (B) by redesignating paragraph (7) as paragraph (6);
                    and
                        (C) in paragraph (6) (as so redesignated)--
                              (i) in subparagraph (A), by striking
                          ``$100,000,000'' and inserting ``$150,000,000'';
                          and
                              (ii) in subparagraph (B), by striking
                          ``$300,000,000'' and inserting ``$400,000,000'';
                (2) in subsection (c)(1)--
                        (A) in subparagraph (A), by striking ``and'' at the
                    end;
                        (B) in subparagraph (B)(iii), by striking the period
                    at the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(C) the applicant has made progress toward meeting
                    the performance targets in section 5326(c)(2).'';
                (3) in subsection (e)(2)(A)(iii)(II), by striking ``the next
            5 years'' and inserting ``the next 10 years, without regard to
            any temporary measures employed by the applicant expected to
            increase short-term capacity within the next 10 years'';
                (4) in subsection (g)--
                        (A) in paragraph (3)(A), by striking ``exceed'' and
                    all that follows through ``50 percent'' and inserting
                    ``exceed 50 percent'';
                        (B) by redesignating paragraph (7) as paragraph (8);
                    and
                        (C) by inserting after paragraph (6) the following:
                ``(7) Project re-entry.--In carrying out ratings and
            evaluations under this subsection, the Secretary shall provide
            full and fair consideration to projects that seek an updated
            rating after a period of inactivity following an earlier rating
            and evaluation.'';
                (5) in subsection (i), by striking paragraphs (1) through
            (8) and inserting the following:
                ``(1) Future bundling.--
                        ``(A) Definition.--In this paragraph, the term
                    `future bundling request' means a letter described in
                    subparagraph (B) that requests future funding for
                    additional projects.
                        ``(B) Request.--When an applicant submits a letter
                    to the Secretary requesting entry of a project into the
                    project development phase under subsection
                    (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I),
                    the applicant may include a description of other
                    projects for consideration for future funding under this
                    section. An applicant shall include in the request the
                    amount of funding requested under this section for each
                    additional project and the estimated capital cost of
                    each project.
                        ``(C) <<NOTE: Time period.>>  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),

    [[Page 135 STAT. 895]]

                    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.

    [[Page 135 STAT. 896]]

                ``(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.--

    [[Page 135 STAT. 897]]

                                        ``(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,

    [[Page 135 STAT. 898]]

                          if the projects seeking assistance under the
                          combined grant agreement consist entirely of small
                          start projects.
                        ``(D) Savings provision.--The use of a combined
                    grant agreement shall not waive or amend applicable
                    evaluation criteria under this section for projects
                    included in the combined grant agreement.'';
                (6) in subsection (k)--
                        (A) in paragraph (2)(E)--
                              (i) by striking ``(E) Before and after
                          study.--'' and all that follows through ``(I)
                          Submission of plan.--'' and inserting the
                          following: ``(E) Information collection and
                          analysis plan.--
                              ``(i) Submission of plan.--'';
                              (ii) by redesignating subclause (II) of clause
                          (i) (as so designated) as clause (ii), and
                          adjusting the margin accordingly; and
                              (iii) in clause (ii) (as so redesignated)--
                                        (I) by redesignating items (aa)
                                    through (dd) as subclauses (I) through
                                    (IV), respectively, and adjusting the
                                    margins accordingly; and
                                        (II) in the matter preceding
                                    subclause (I) (as so redesignated), by
                                    striking ``subclause (I)'' and inserting
                                    ``clause (i)''; and
                        (B) in paragraph (5), by striking ``At least 30''
                    and inserting ``Not later than 15'';
                (7) in subsection (o)--
                        (A) by striking paragraph (2);
                        (B) by redesignating paragraph (3) as paragraph (2);
                    and
                        (C) in paragraph (2) (as so redesignated)--
                              (i) in subparagraph (A)--
                                        (I) in the matter preceding clause
                                    (i), by striking ``of'' and inserting
                                    ``that'';
                                        (II) by redesignating clauses (i)
                                    and (ii) as subclauses (I) and (II),
                                    respectively, and adjusting the margins
                                    accordingly;
                                        (III) by inserting before subclause
                                    (I) (as so redesignated), the following:
                              ``(i) assesses--'';
                                        (IV) in clause (i) (as so
                                    designated)--
                                                (aa) in subclause (I) (as so
                                            redesignated), by striking ``new
                                            fixed guideway capital projects
                                            and core capacity improvement
                                            projects'' and inserting ``all
                                            new fixed guideway capital
                                            projects and core capacity
                                            improvement projects for grant
                                            agreements under this section
                                            and section 3005(b) of the
                                            Federal Public Transportation
                                            Act of 2015 (49 U.S.C. 5309
                                            note; Public Law 114-94)''; and
                                                (bb) in subclause (II) (as
                                            so redesignated), by striking
                                            ``and'' at the end; and
                                        (V) by adding at the end the
                                    following:
                              ``(ii) includes, with respect to projects that
                          entered into revenue service since the previous
                          biennial review--

    [[Page 135 STAT. 899]]

                                        ``(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) <<NOTE: Public information. Web posting.>>  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) <<NOTE: Public information. Web posting.>>  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.''.

    [[Page 135 STAT. 900]]

        (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 <<NOTE: Apportionment.>> 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) <<NOTE: Public information. Web posting.>>  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;

    [[Page 135 STAT. 901]]

                        ``(B) <<NOTE: Evaluation.>>  an evaluation of each
                    project described in paragraph (1), including any
                    evaluation conducted under subsection (e)(4) for the
                    preceding fiscal year; and
                        ``(C) <<NOTE: Proposal.>>  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) <<NOTE: Time period. Web posting.>>  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) <<NOTE: Contracts.>>  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:

    [[Page 135 STAT. 902]]

                        ``(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) <<NOTE: 49 USC 5312 note.>>  Low or No Emission Vehicle
    Component Assessment.--
                (1) In general.--Institutions of higher education selected
            to operate and maintain a facility to conduct testing,
            evaluation, and analysis of low or no emission vehicle
            components pursuant to section 5312(h) of title 49, United
            States Code, shall not carry out testing for a new bus model
            under section 5318 of that title.
                (2) Use of funds.--Funds made available to institutions of
            higher education described in paragraph (1) for testing under
            section 5318 of title 49, United States Code, may be used for
            eligible activities under section 5312(h) of that title.

        (c) Accelerated Implementation and Deployment of Advanced Digital
    Construction Management Systems.--Section 5312(b) of title 49, United
    States Code, is amended by adding at the end the following:
                ``(4) Accelerated implementation and deployment of advanced
            digital construction management systems.--
                        ``(A) In general.--The Secretary shall establish and
                    implement a program under this subsection to promote,
                    implement, deploy, demonstrate, showcase, support, and
                    document the application of advanced digital
                    construction management systems, practices, performance,
                    and benefits.
                        ``(B) Goals.--The goals of the accelerated
                    implementation and deployment of advanced digital
                    construction management systems program established
                    under subparagraph (A) shall include--
                              ``(i) accelerated adoption of advanced digital
                          systems applied throughout the lifecycle of
                          transportation infrastructure (including through
                          the planning, design and engineering,
                          construction, operations, and maintenance phases)
                          that--
                                        ``(I) maximize interoperability with
                                    other systems, products, tools, or
                                    applications;
                                        ``(II) boost productivity;
                                        ``(III) manage complexity;
                                        ``(IV) reduce project delays and
                                    cost overruns;
                                        ``(V) enhance safety and quality;
                                    and
                                        ``(VI) reduce total costs for the
                                    entire lifecycle of transportation
                                    infrastructure assets;
                              ``(ii) more timely and productive information-
                          sharing among stakeholders through reduced
                          reliance on paper to manage construction processes
                          and

    [[Page 135 STAT. 903]]

                          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) <<NOTE: Reports. Data.>>  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.''.

    [[Page 135 STAT. 904]]

    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) <<NOTE: Certification.>>  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,

    [[Page 135 STAT. 905]]

                                    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) <<NOTE: Consultation.>>  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'';

    [[Page 135 STAT. 906]]

                              (vi) by striking subparagraph (F) (as so
                          redesignated) and inserting the following:
                        ``(F) performance targets based on--
                              ``(i) the safety performance criteria and
                          state of good repair standards established under
                          subparagraphs (A) and (B), respectively, of
                          subsection (b)(2); or
                              ``(ii) in the case of a recipient receiving
                          assistance under section 5307 that is serving an
                          urbanized area with a population of 200,000 or
                          more, safety performance measures established
                          under the national public transportation safety
                          plan, as described in subsection (b)(2)(A);'';
                              (vii) in subparagraph (G) (as so
                          redesignated), by striking ``and'' at the end; and
                              (viii) by striking subparagraph (H) (as so
                          redesignated) and inserting the following:
                        ``(H) a comprehensive staff training program for--
                              ``(i) the operations personnel and personnel
                          directly responsible for safety of the recipient
                          that includes--
                                        ``(I) the completion of a safety
                                    training program; and
                                        ``(II) continuing safety education
                                    and training; or
                              ``(ii) in the case of a recipient receiving
                          assistance under section 5307 that is serving an
                          urbanized area with a population of 200,000 or
                          more, the operations and maintenance personnel and
                          personnel directly responsible for safety of the
                          recipient that includes--
                                        ``(I) the completion of a safety
                                    training program;
                                        ``(II) continuing safety education
                                    and training; and
                                        ``(III) de-escalation training; and
                        ``(I) in the case of a recipient receiving
                    assistance under section 5307 that is serving an
                    urbanized area with a population of 200,000 or more, a
                    risk reduction program for transit operations to improve
                    safety by reducing the number and rates of accidents,
                    injuries, and assaults on transit workers based on data
                    submitted to the national transit database under section
                    5335, including--
                              ``(i) a reduction of vehicular and pedestrian
                          accidents involving buses that includes measures
                          to reduce visibility impairments for bus operators
                          that contribute to accidents, including retrofits
                          to buses in revenue service and specifications for
                          future procurements that reduce visibility
                          impairments; and
                              ``(ii) the mitigation of assaults on transit
                          workers, including the deployment of assault
                          mitigation infrastructure and technology on buses,
                          including barriers to restrict the unwanted entry
                          of individuals and objects into the workstations
                          of bus operators when a risk analysis performed by
                          the safety committee of the recipient established
                          under paragraph (5) determines that such barriers
                          or other measures would reduce assaults on transit
                          workers and injuries to transit workers.''; and

    [[Page 135 STAT. 907]]

                        (B) by adding at the end the following:
                ``(4) Risk reduction performance targets.--
                        ``(A) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 908]]

                        (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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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--

    [[Page 135 STAT. 909]]

                        ``(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) <<NOTE: 49 USC 5329 note.>>  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) <<NOTE: 49 USC 5329 note.>>  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) <<NOTE: 49 USC 5329 note.>>  No Effect on Initial Certification
    Process.--Nothing in this section or the amendments made by this section
    affects the requirements for initial approval of a State safety
    oversight program, including the initial deadline, under section
    5329(e)(3) of title 49, United States Code.
    SEC. 30013. ADMINISTRATIVE PROVISIONS.

        Section 5334(h)(4) of title 49, United States Code, is amended--
                (1) by redesignating subparagraphs (B) and (C) as
            subparagraphs (C) and (D), respectively; and
                (2) by inserting after subparagraph (A) the following:
                        ``(B) Reimbursement.--
                              ``(i) Fair market value of less than $5,000.--
                          With respect to rolling stock and equipment with a
                          unit fair market value of $5,000 or less per unit
                          and unused supplies with a total aggregate fair
                          market value of $5,000 or less that was purchased
                          using Federal financial assistance under this
                          chapter, the rolling stock, equipment, and
                          supplies may be retained, sold, or otherwise
                          disposed of at the end of the service life of the
                          rolling stock, equipment, or supplies without any
                          obligation to reimburse the Federal Transit
                          Administration.
                              ``(ii) Fair market value of more than
                          $5,000.--
                                        ``(I) In general.--With respect to
                                    rolling stock and equipment with a unit
                                    fair market value of more than $5,000
                                    per unit and unused supplies

    [[Page 135 STAT. 910]]

                                    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) <<NOTE: 49 USC 5336 note.>>  Applicability.--The
            amendment made by paragraph (1) shall apply with respect to
            fiscal year 2022 and each fiscal year thereafter.

    [[Page 135 STAT. 911]]

    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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 912]]

                          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) <<NOTE: Time periods.>>  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

    [[Page 135 STAT. 913]]

                    the Federal Public Transportation Act of 2015 (49 U.S.C.
                    5310 note; Public Law 114-94);
                        ``(F) $875,289,555 for fiscal year 2022,
                    $893,575,275 for fiscal year 2023, $916,907,591 for
                    fiscal year 2024, $935,848,712 for fiscal year 2025, and
                    $959,639,810 for fiscal year 2026 shall be available to
                    provide financial assistance for rural areas under
                    section 5311;
                        ``(G) $36,840,115 for fiscal year 2022, $37,609,743
                    for fiscal year 2023, $38,591,779 for fiscal year 2024,
                    $39,388,993 for fiscal year 2025, and $40,390,337 for
                    fiscal year 2026 shall be available to carry out section
                    5312, of which--
                              ``(i) $5,000,000 for fiscal year 2022,
                          $5,104,455 for fiscal year 2023, $5,237,739 for
                          fiscal year 2024, $5,345,938 for fiscal year 2025,
                          and $5,481,842 for fiscal year 2026 shall be
                          available to carry out section 5312(h); and
                              ``(ii) $6,578,592 for fiscal year 2022,
                          $6,716,026 for fiscal year 2023, $6,891,389 for
                          fiscal year 2024, $7,033,749 for fiscal year 2025,
                          and $7,212,560 for fiscal year 2026 shall be
                          available to carry out section 5312(i);
                        ``(H) $11,841,465 for fiscal year 2022, $12,088,846
                    for fiscal year 2023, $12,404,500 for fiscal year 2024,
                    $12,660,748 for fiscal year 2025, and $12,982,608 for
                    fiscal year 2026 shall be available to carry out section
                    5314, of which $6,578,592 for fiscal year 2022,
                    $6,716,026 for fiscal year 2023, $6,891,389 for fiscal
                    year 2024, $7,033,749 for fiscal year 2025, and
                    $7,212,560 for fiscal year 2026 shall be available for
                    the national transit institute under section 5314(c);
                        ``(I) $5,000,000 for fiscal year 2022, $5,104,455
                    for fiscal year 2023, $5,237,739 for fiscal year 2024,
                    $5,345,938 for fiscal year 2025, and $5,481,842 for
                    fiscal year 2026 shall be available for bus testing
                    under section 5318;
                        ``(J) $131,000,000 for fiscal year 2022,
                    $134,930,000 for fiscal year 2023, $138,977,900 for
                    fiscal year 2024, $143,147,237 for fiscal year 2025, and
                    $147,441,654 for fiscal year 2026 shall be available to
                    carry out section 5334;
                        ``(K) $5,262,874 for fiscal year 2022, $5,372,820
                    for fiscal year 2023, $5,513,111 for fiscal year 2024,
                    $5,626,999 for fiscal year 2025, and $5,770,048 for
                    fiscal year 2026 shall be available to carry out section
                    5335;
                        ``(L) $3,515,528,226 for fiscal year 2022,
                    $3,587,778,037 for fiscal year 2023, $3,680,934,484 for
                    fiscal year 2024, $3,755,675,417 for fiscal year 2025,
                    and $3,850,496,668 for fiscal year 2026 shall be
                    available to carry out section 5337, of which
                    $300,000,000 for each of fiscal years 2022 through 2026
                    shall be available to carry out section 5337(f);
                        ``(M) $603,992,657 for fiscal year 2022,
                    $616,610,699 for fiscal year 2023, $632,711,140 for
                    fiscal year 2024, $645,781,441 for fiscal year 2025, and
                    $662,198,464 for fiscal year 2026 shall be available for
                    the bus and buses facilities program under section
                    5339(a);
                        ``(N) $447,257,433 for fiscal year 2022,
                    $456,601,111 for fiscal year 2023, $468,523,511 for
                    fiscal year 2024,

    [[Page 135 STAT. 914]]

                    $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) <<NOTE: Appropriation authorization. Time period.>>  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:

    [[Page 135 STAT. 915]]

                        ``(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

    [[Page 135 STAT. 916]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Grants. Deadlines.>>  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:

    [[Page 135 STAT. 917]]

                        ``(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) <<NOTE: Evaluation.>>  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) <<NOTE: Examination.>>  examines the
                          impact of the transition on the applicant's
                          current workforce by identifying skill gaps,
                          training needs, and retraining needs of the
                          existing workers of the applicant to operate and
                          maintain zero emission vehicles and related
                          infrastructure and avoids the displacement of the
                          existing workforce.'';
                        (B) by striking paragraph (5) and inserting the
                    following:
                ``(5) Consideration.--In awarding grants under this
            subsection, the Secretary--
                        ``(A) shall consider eligible projects relating to
                    the acquisition or leasing of low or no emission buses
                    or bus facilities that make greater reductions in energy
                    consumption and harmful emissions, including direct
                    carbon emissions, than comparable standard buses or
                    other low or no emission buses; and
                        ``(B) shall, for no less than 25 percent of the
                    funds made available to carry out this subsection, only
                    consider eligible projects related to the acquisition of
                    low or no emission buses or bus facilities other than
                    zero emission vehicles and related facilities.''; and
                        (C) by adding at the end the following:
                ``(8) Continued use of partnerships.--
                        ``(A) In general.--A recipient of a grant under this
                    subsection may submit an application in partnership with
                    other entities, including a transit vehicle
                    manufacturer, that intends to participate in the
                    implementation of an eligible project under this
                    subsection.
                        ``(B) Competitive procurement.--Eligible projects
                    awarded with partnerships under this subsection shall be
                    considered to satisfy the requirement for a competitive
                    procurement under section 5325.''; and

    [[Page 135 STAT. 918]]

                (4) by adding at the end the following:

        ``(d) <<NOTE: Certification.>>  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

    [[Page 135 STAT. 919]]

    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) <<NOTE: Certification.>>  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) <<NOTE: Budget estimate.>>  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

    [[Page 135 STAT. 920]]

                              (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) <<NOTE: Reports. Recommenda- tions.>>
                          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) <<NOTE: Recommenda- tions.>>
                                    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) <<NOTE: Reports. Recommenda- tions.>>
                          submit a semiannual report containing
                          recommendations of corrective action to the Board,
                          which

    [[Page 135 STAT. 921]]

                          the Board shall transmit not later than 30 days
                          after receipt of the report, together with any
                          comments the Board determines appropriate, to--
                                        (I) each covered recipient described
                                    in subsection (a)(3)(A); and
                                        (II) any other recipients that the
                                    Board determines appropriate; and
                              (iii) not later than 2 years after the date of
                          enactment of this Act and 5 years after the date
                          of enactment of this Act, submit to each covered
                          recipient a report that--
                                        (I) describes the implementation by
                                    the Transit Authority of the reforms
                                    required under, and the use by the
                                    Transit Authority of the funding
                                    authorized under--
                                                (aa) chapter 34 of title
                                            33.2 of the Code of Virginia;
                                                (bb) section 10-205 of the
                                            Transportation Article of the
                                            Code of Maryland; and
                                                (cc) section 6002 of the
                                            Dedicated WMATA Funding and Tax
                                            Changes Affecting Real Property
                                            and Sales Amendment Act of 2018
                                            (1-325.401, D.C. Official Code);
                                            and
                                        (II) contains--
                                                (aa) an assessment of the
                                            effective use of the funding
                                            described in subclause (I) to
                                            address major capital
                                            improvement projects;
                                                (bb) a discussion of
                                            compliance with strategic plan
                                            deadlines;
                                                (cc) an examination of
                                            compliance with the reform
                                            requirements under the laws
                                            described in subclause (I),
                                            including identifying any
                                            challenges to compliance or
                                            implementation; and
                                                (dd) recommendations to the
                                            Transit Authority to improve
                                            implementation.

        (e) Capital Program and Planning.--
                (1) Capital planning procedures.--The Transit Authority may
            not expend any amounts received under section 602(b) of the
            Passenger Rail Investment and Improvement Act of 2008 (division
            B of Public Law 110-432; 122 Stat. 4968), (as added by
            subsection (c)), until the General Manager of the Transit
            Authority certifies to the Secretary of Transportation that the
            Transit Authority has implemented--
                        (A) documented policies and procedures for the
                    capital planning process that include--
                              (i) a process that aligns projects to the
                          strategic goals of the Transit Authority; and
                              (ii) a process to develop total project costs
                          and alternatives for all major capital projects
                          (as defined in section 633.5 of title 49, Code of
                          Federal Regulations (or successor regulations));
                        (B) a transit asset management planning process that
                    includes --
                              (i) <<NOTE: Inventory.>>  asset inventory and
                          condition assessment procedures; and

    [[Page 135 STAT. 922]]

                              (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) <<NOTE: Assessments.>>  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.

    [[Page 135 STAT. 923]]

                               DIVISION D--ENERGY

    SEC. 40001. <<NOTE: 42 USC 18701.>>  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. <<NOTE: 42 USC 18711.>>  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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 924]]

                        (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:

    [[Page 135 STAT. 925]]

                              (i) The total population of the State or
                          Indian Tribe.
                              (ii)(I) The total area of the State or the
                          land of the Indian Tribe; or
                              (II) the areas in the State or on the land of
                          the Indian Tribe with a low ratio of electricity
                          customers per mileage of power lines.
                              (iii) The probability of disruptive events in
                          the State or on the land of the Indian Tribe
                          during the previous 10 years, as determined based
                          on the number of federally declared disasters or
                          emergencies in the State or on the land of the
                          Indian Tribe, as applicable, including--
                                        (I) disasters for which Fire
                                    Management Assistance Grants are
                                    provided under section 420 of the Robert
                                    T. Stafford Disaster Relief and
                                    Emergency Assistance Act (42 U.S.C.
                                    5187);
                                        (II) major disasters declared by the
                                    President under section 401 of that Act
                                    (42 U.S.C. 5170);
                                        (III) emergencies declared by the
                                    President under section 501 of that Act
                                    (42 U.S.C. 5191); and
                                        (IV) any other federally declared
                                    disaster or emergency in the State or on
                                    the land of the Indian Tribe.
                              (iv) The number and severity, measured by
                          population and economic impacts, of disruptive
                          events experienced by the State or Indian Tribe on
                          or after January 1, 2011.
                              (v) The total amount, on a per capita basis,
                          of public and private expenditures during the
                          previous 10 years to carry out mitigation efforts
                          to reduce the likelihood and consequences of
                          disruptive events in the State or on the land of
                          the Indian Tribe, with States or Indian Tribes
                          with higher per capita expenditures receiving
                          additional weight or consideration as compared to
                          States or Indian Tribes with lower per capita
                          expenditures.
                        (C) Annual update of data used in distribution of
                    funds.-- <<NOTE: Effective date.>> 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.

    [[Page 135 STAT. 926]]

                (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,

    [[Page 135 STAT. 927]]

                          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;

    [[Page 135 STAT. 928]]

                        (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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 18712.>>  ELECTRIC GRID RELIABILITY AND
                                RESILIENCE RESEARCH, DEVELOPMENT, AND
                                DEMONSTRATION.

        (a) Definition of Federal Financial Assistance.--In this section,
    the term ``Federal financial assistance'' has the meaning given the term
    in section 200.1 of title 2, Code of Federal Regulations.
        (b) Energy Infrastructure Federal Financial Assistance Program.--
                (1) Definitions.--In this subsection:
                        (A) Eligible entity.--The term ``eligible entity''
                    means each of--
                              (i) a State;
                              (ii) a combination of 2 or more States;
                              (iii) an Indian Tribe;
                              (iv) a unit of local government; and
                              (v) a public utility commission.
                        (B) Program.--The term ``program'' means the
                    competitive Federal financial assistance program
                    established under paragraph (2).
                (2) Establishment.--Not later than 180 days after the date
            of enactment of this Act, the Secretary shall establish a
            program, to be known as the ``Program Upgrading Our Electric
            Grid and Ensuring Reliability and Resiliency'', to provide, on a
            competitive basis, Federal financial assistance to eligible
            entities to carry out the purpose described in paragraph (3).
                (3) Purpose.--The purpose of the program is to coordinate
            and collaborate with electric sector owners and operators--
                        (A) to demonstrate innovative approaches to
                    transmission, storage, and distribution infrastructure
                    to harden and enhance resilience and reliability; and
                        (B) to demonstrate new approaches to enhance
                    regional grid resilience, implemented through States by
                    public and rural electric cooperative entities on a
                    cost-shared basis.
                (4) Applications.--To be eligible to receive Federal
            financial assistance under the program, an eligible entity shall

    [[Page 135 STAT. 929]]

            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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 930]]

            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

    [[Page 135 STAT. 931]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: 16 USC
                          2622 and note.>>  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,

    [[Page 135 STAT. 932]]

                          and section 112(d) of the Public Utility
                          Regulatory Policies Act of 1978 (16 U.S.C.
                          2622(d)) shall be in effect as if that amendment
                          had not been enacted.
                        (C) Prior state actions.--
                              (i) In general.--Section 112 of the Public
                          Utility Regulatory Policies Act of 1978 (16 U.S.C.
                          2622) is amended by adding at the end the
                          following:

        ``(g) Prior State Actions.--Subsections (b) and (c) shall not apply
    to the standard established by paragraph (20) of section 111(d) in the
    case of any electric utility in a State if, before the date of enactment
    of this subsection--
                ``(1) the State has implemented for the electric utility the
            standard (or a comparable standard);
                ``(2) the State regulatory authority for the State or the
            relevant nonregulated electric utility has conducted a
            proceeding to consider implementation of the standard (or a
            comparable standard) for the electric utility; or
                ``(3) the State legislature has voted on the implementation
            of the standard (or a comparable standard) for the electric
            utility.''.
                              (ii) Cross-reference.--Section 124 of the
                          Public Utility Regulatory Policies Act of 1978 (16
                          U.S.C. 2634) is amended--
                                        (I) by striking ``this subsection''
                                    each place it appears and inserting
                                    ``this section''; and
                                        (II) by adding at the end the
                                    following: ``In the case of the standard
                                    established by paragraph (20) of section
                                    111(d), the reference contained in this
                                    section to the date of enactment of this
                                    Act shall be deemed to be a reference to
                                    the date of enactment of that paragraph
                                    (20).''.

        (b) Optional Features of State Energy Conservation Plans.--Section
    362(d) of the Energy Policy and Conservation Act (42 U.S.C. 6322(d)) is
    amended--
                (1) in paragraph (16), by striking ``and'' at the end;
                (2) by redesignating paragraph (17) as paragraph (18); and
                (3) by inserting after paragraph (16) the following:
                ``(17) programs that promote the installation and use of
            demand-response technology and demand-response practices; and''.

        (c) Federal Energy Management Program.--Section 543(i) of the
    National Energy Conservation Policy Act (42 U.S.C. 8253(i)) is amended--
                (1) in paragraph (1)--
                        (A) in subparagraph (A), by striking ``and'' at the
                    end;
                        (B) in subparagraph (B), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(C) to reduce energy consumption during periods of
                    unusually high electricity or natural gas demand.''; and
                (2) in paragraph (3)(A)--
                        (A) in clause (v), by striking ``and'' at the end;
                        (B) in clause (vi), by striking the period at the
                    end and inserting ``; and''; and
                        (C) by adding at the end the following:

    [[Page 135 STAT. 933]]

                              ``(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

    [[Page 135 STAT. 934]]

                ``(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. <<NOTE: 42 USC 18713.>>  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--

    [[Page 135 STAT. 935]]

                        (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

    [[Page 135 STAT. 936]]

                              (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) <<NOTE: Time period.>>  Authorization of
            appropriations.--There is authorized to be appropriated to the
            Secretary to carry out the program, including for any
            administrative expenses of carrying out the program that are not
            recovered under paragraph (4), $10,000,000 for each of fiscal
            years 2022 through 2026.
                (4) Cost recovery.--
                        (A) In general.--Except as provided in subparagraph
                    (B), the cost of any facilitation activities carried out
                    by the Secretary under subsection (e)(1) shall be
                    collected--
                              (i) from eligible entities receiving the
                          benefit of the applicable facilitation activity,
                          on a schedule to be determined by the Secretary;
                          or
                              (ii) with respect to a contracted transmission
                          capacity under subsection (e)(1)(A) through rates
                          charged for the use of the contracted transmission
                          capacity.
                        (B) Forgiveness of balances.--
                              (i) Termination or end of useful life.--If, at
                          the end of the useful life of an eligible project
                          or the termination of a capacity contract under
                          subsection (f)(5), there is a remaining balance
                          owed to the Treasury under this section, the
                          balance shall be forgiven.
                              (ii) Unconstructed projects.--Funds expended
                          to study projects that are considered pursuant to
                          this section but that are not constructed shall be
                          forgiven.
                        (C) Recovery of costs of eligible projects.--The
                    Secretary may collect the costs of any activities
                    carried out by the Secretary with respect to an eligible
                    project in which the Secretary participates with an
                    eligible entity under subsection (e)(1)(C) through rates
                    charged to customers benefitting from the new
                    transmission capability provided by the eligible
                    project.

        (e) Facilitation of Eligible Projects.--
                (1) In general.--To facilitate eligible projects, the
            Secretary may--
                        (A) subject to subsections (f) and (i), enter into a
                    capacity contract with respect to an eligible project
                    prior to the date on which the eligible project is
                    completed;

    [[Page 135 STAT. 937]]

                        (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.

    [[Page 135 STAT. 938]]

                        (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) <<NOTE: Determination.>>  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--

    [[Page 135 STAT. 939]]

                (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.

    [[Page 135 STAT. 940]]

                (5) Effect on western area power administration projects.--
            Nothing in this section affects--
                        (A) any pending project application before the
                    Western Area Power Administration under section 301 of
                    the Hoover Power Plant Act of 1984 (42 U.S.C. 16421a);
                    or
                        (B) any agreement entered into by the Western Power
                    Administration under that section.
                (6) Third-party finance.--Nothing in this section precludes
            an eligible project facilitated under this section from being
            eligible as a project under section 1222 of the Energy Policy
            Act of 2005 (42 U.S.C. 16421).
                (7) Limitation on loans.--An eligible project may not be the
            subject of both--
                        (A) a loan under subsection (e)(1)(B); and
                        (B) a Federal loan under section 301 of the Hoover
                    Power Plant Act of 1984 (42 U.S.C. 16421a).
                (8) Considerations.--In evaluating eligible projects for
            possible facilitation under this section, the Secretary shall
            prioritize projects that, to the maximum extent practicable--
                        (A) use technology that enhances the capacity,
                    efficiency, resiliency, or reliability of an electric
                    power transmission system, including--
                              (i) reconductoring of an existing electric
                          power transmission line with advanced conductors;
                          and
                              (ii) hardware or software that enables dynamic
                          line ratings, advanced power flow control, or grid
                          topology optimization;
                        (B) will improve the resiliency and reliability of
                    an electric power transmission system;
                        (C) facilitate interregional transfer capacity that
                    supports strong and equitable economic growth; and
                        (D) contribute to national or subnational goals to
                    lower electricity sector greenhouse gas emissions.
    SEC. 40107. DEPLOYMENT OF TECHNOLOGIES TO ENHANCE GRID
                                FLEXIBILITY.

        (a) In General.--Section 1306 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17386) is amended--
                (1) in subsection (b)--
                        (A) in the matter preceding paragraph (1), by
                    striking ``the date of enactment of this Act'' and
                    inserting ``the date of enactment of the Infrastructure
                    Investment and Jobs Act'';
                        (B) by redesignating paragraph (9) as paragraph
                    (14); and
                        (C) by inserting after paragraph (8) the following:
                ``(9) In the case of data analytics that enable software to
            engage in Smart Grid functions, the documented purchase costs of
            the data analytics.
                ``(10) In the case of buildings, the documented expenses for
            devices and software, including for installation, that allow
            buildings to engage in demand flexibility or Smart Grid
            functions.
                ``(11) In the case of utility communications, operational
            fiber and wireless broadband communications networks to enable
            data flow between distribution system components.

    [[Page 135 STAT. 941]]

                ``(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) <<NOTE: Time period.>>  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) <<NOTE: 42 USC 6321.>>  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) <<NOTE: 42 USC 6326.>>  in section 366--

    [[Page 135 STAT. 942]]

                        (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) <<NOTE: 42 USC 6321, 6326.>>  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.

    [[Page 135 STAT. 943]]

        ``(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) <<NOTE: Plans.>>  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) <<NOTE: Review.>>  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) <<NOTE: Certification.>>  a certification that
                    no revisions to the State energy security plan are
                    necessary.

        ``(f) Technical Assistance.--On request of the Governor of a State,
    the Secretary, in consultation with the Secretary of Homeland Security,
    may provide information, technical assistance, and other assistance in
    the development, implementation, or revision of a State energy security
    plan.
        ``(g) Requirement.--Each State receiving Federal financial
    assistance under this part shall provide reasonable assurance to the
    Secretary that the State has established policies and procedures
    designed to assure that the financial assistance will be used--
                ``(1) to supplement, and not to supplant, State and local
            funds; and
                ``(2) to the maximum extent practicable, to increase the
            amount of State and local funds that otherwise would be
            available, in the absence of the Federal financial assistance,
            for the implementation of a State energy security plan.

        ``(h) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
                ``(1) shall be exempt from disclosure under section
            552(b)(3) of title 5, United States Code; and
                ``(2) shall not be made available by any Federal agency,
            State, political subdivision of a State, or Tribal authority
            pursuant to any Federal, State, political subdivision of a
            State, or Tribal law, respectively, requiring public disclosure
            of information or records.

        ``(i) Sunset.--The requirements of this section shall expire on
    October 31, 2025.''.
        (b) Clerical Amendments.--The table of contents of the Energy Policy
    and Conservation Act (Public Law 94-163; 89 Stat. 872) is amended--
                (1) by striking the item relating to section 361 and
            inserting the following:

    ``Sec. 361. Findings; purpose; definitions.''; and

    [[Page 135 STAT. 944]]

                (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) <<NOTE: Time period.>>  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)--

    [[Page 135 STAT. 945]]

                        ``(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. <<NOTE: 16 USC 838m.>>  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

    [[Page 135 STAT. 946]]

    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-

    [[Page 135 STAT. 947]]

                    life applications of electric vehicle batteries as
                    aggregated energy storage installations to provide
                    services to the electric grid.
                        ``(B) Purposes.--The purposes of the project under
                    subparagraph (A) shall be--
                              ``(i) to demonstrate power safety and the
                          reliability of the applications demonstrated under
                          the program;
                              ``(ii) to demonstrate the ability of electric
                          vehicle batteries--
                                        ``(I) to provide ancillary services
                                    for grid stability and management; and
                                        ``(II) to reduce the peak loads of
                                    homes and businesses;
                              ``(iii) to extend the useful life of electric
                          vehicle batteries and the components of electric
                          vehicle batteries prior to the collection,
                          recycling, and reprocessing of the batteries and
                          components; and
                              ``(iv) to increase acceptance of, and
                          participation in, the use of second-life
                          applications of electric vehicle batteries by
                          utilities.
                        ``(C) Priority.--In selecting a project to carry out
                    under subparagraph (A), the Secretary shall give
                    priority to projects in which the demonstration of the
                    applicable second-life applications is paired with 1 or
                    more facilities that could particularly benefit from
                    increased resiliency and lower energy costs, such as a
                    multi-family affordable housing facility, a senior care
                    facility, and a community health center.''.
    SEC. 40113. <<NOTE: 16 UC 838n.>>  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

    [[Page 135 STAT. 948]]

                              (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.

    [[Page 135 STAT. 949]]

                            Subtitle B--Cybersecurity

    SEC. 40121. <<NOTE: 42 USC 18721.>>  ENHANCING GRID SECURITY
                                THROUGH PUBLIC-PRIVATE PARTNERSHIPS.

        (a) Definitions.--In this section:
                (1) Bulk-power system; electric reliability organization.--
            The terms ``bulk-power system'' and ``Electric Reliability
            Organization'' has the meaning given the terms in section 215(a)
            of the Federal Power Act (16 U.S.C. 824o(a)).
                (2) Electric utility; state regulatory authority.--The terms
            ``electric utility'' and ``State regulatory authority'' have the
            meanings given the terms in section 3 of the Federal Power Act
            (16 U.S.C. 796).

        (b) Program to Promote and Advance Physical Security and
    Cybersecurity of Electric Utilities.--
                (1) Establishment.--The Secretary, in coordination with the
            Secretary of Homeland Security and in consultation with, as the
            Secretary determines to be appropriate, the heads of other
            relevant Federal agencies, State regulatory authorities,
            industry stakeholders, and the Electric Reliability
            Organization, shall carry out a program--
                        (A) to develop, and provide for voluntary
                    implementation of, maturity models, self-assessments,
                    and auditing methods for assessing the physical security
                    and cybersecurity of electric utilities;
                        (B) to assist with threat assessment and
                    cybersecurity training for electric utilities;
                        (C) to provide technical assistance for electric
                    utilities subject to the program;
                        (D) to provide training to electric utilities to
                    address and mitigate cybersecurity supply chain
                    management risks;
                        (E) to advance, in partnership with electric
                    utilities, the cybersecurity of third-party vendors that
                    manufacture components of the electric grid;
                        (F) to increase opportunities for sharing best
                    practices and data collection within the electric
                    sector; and
                        (G) to assist, in the case of electric utilities
                    that own defense critical electric infrastructure (as
                    defined in section 215A(a) of the Federal Power Act (16
                    U.S.C. 824o-1(a))), with full engineering reviews of
                    critical functions and operations at both the utility
                    and defense infrastructure levels--
                              (i) to identify unprotected avenues for cyber-
                          enabled sabotage that would have catastrophic
                          effects to national security; and
                              (ii) to recommend and implement engineering
                          protections to ensure continued operations of
                          identified critical functions even in the face of
                          constant cyber attacks and achieved perimeter
                          access by sophisticated adversaries.
                (2) Scope.--In carrying out the program under paragraph (1),
            the Secretary shall--
                        (A) take into consideration--
                              (i) the different sizes of electric utilities;
                          and
                              (ii) the regions that electric utilities
                          serve;
                        (B) prioritize electric utilities with fewer
                    available resources due to size or region; and

    [[Page 135 STAT. 950]]

                        (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) <<NOTE: Consultation. Determination.>>  Report on Cybersecurity
    of Distribution Systems.--Not later than 1 year after the date of
    enactment of this Act, the Secretary, in coordination with the Secretary
    of Homeland Security and in consultation with, as the Secretary
    determines to be appropriate, the heads of other Federal agencies, State
    regulatory authorities, and industry stakeholders, shall submit to
    Congress a report that assesses--
                (1) priorities, policies, procedures, and actions for
            enhancing the physical security and cybersecurity of electricity
            distribution systems, including behind-the-meter generation,
            storage, and load management devices, to address threats to, and
            vulnerabilities of, electricity distribution systems; and
                (2) the implementation of the priorities, policies,
            procedures, and actions assessed under paragraph (1),
            including--
                        (A) an estimate of potential costs and benefits of
                    the implementation; and
                        (B) an assessment of any public-private cost-sharing
                    opportunities.

        (d) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
                (1) shall be exempt from disclosure under section 552(b)(3)
            of title 5, United States Code; and
                (2) shall not be made available by any Federal agency,
            State, political subdivision of a State, or Tribal authority
            pursuant to any Federal, State, political subdivision of a
            State, or Tribal law, respectively, requiring public disclosure
            of information or records.
    SEC. 40122. <<NOTE: 42 USC 18722.>>  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) <<NOTE: Consultation.>>  Establishment.--The Secretary, in
    coordination with the Secretary of Homeland Security and in consultation
    with the heads of other relevant Federal agencies, shall establish a
    voluntary Energy Cyber Sense program to test the cybersecurity of
    products and technologies intended for use in the energy sector,
    including in the bulk-power system.

        (c) Program Requirements.--In carrying out subsection (b), the
    Secretary, in coordination with the Secretary of Homeland Security and
    in consultation with the heads of other relevant Federal agencies,
    shall--
                (1) establish a testing process under the program to test
            the cybersecurity of products and technologies intended for

    [[Page 135 STAT. 951]]

            use in the energy sector, including products relating to
            industrial control systems and operational technologies, such as
            supervisory control and data acquisition systems;
                (2) for products and technologies tested under the program,
            establish and maintain cybersecurity vulnerability reporting
            processes and a related database that are integrated with
            Federal vulnerability coordination processes;
                (3) provide technical assistance to electric utilities,
            product manufacturers, and other energy sector stakeholders to
            develop solutions to mitigate identified cybersecurity
            vulnerabilities in products and technologies tested under the
            program;
                (4) biennially review products and technologies tested under
            the program for cybersecurity vulnerabilities and provide
            analysis with respect to how those products and technologies
            respond to and mitigate cyber threats;
                (5) develop guidance that is informed by analysis and
            testing results under the program for electric utilities and
            other components of the energy sector for the procurement of
            products and technologies;
                (6) provide reasonable notice to, and solicit comments from,
            the public prior to establishing or revising the testing process
            under the program;
                (7) oversee the testing of products and technologies under
            the program; and
                (8) consider incentives to encourage the use of analysis and
            results of testing under the program in the design of products
            and technologies for use in the energy sector.

        (d) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any component
    of the energy sector, including any electric utility or the bulk-power
    system--
                (1) shall be exempt from disclosure under section 552(b)(3)
            of title 5, United States Code; and
                (2) shall not be made available by any Federal agency,
            State, political subdivision of a State, or Tribal authority
            pursuant to any Federal, State, political subdivision of a
            State, or Tribal law, respectively, requiring public disclosure
            of information or records.

        (e) Federal Government Liability.--Nothing in this section
    authorizes the commencement of an action against the United States with
    respect to the testing of a product or technology under the program.
    SEC. 40123. INCENTIVES FOR ADVANCED CYBERSECURITY TECHNOLOGY
                                INVESTMENT.

        Part II of the Federal Power Act is amended by inserting after
    section 219 (16 U.S.C. 824s) the following:
    ``SEC. 219A. <<NOTE: 16 USC 824s-1.>>  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

    [[Page 135 STAT. 952]]

            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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 953]]

                ``(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. <<NOTE: 42 USC 18723.>>  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) <<NOTE: Deadline. Consultation.>>  Establishment.--Not later
    than 180 days after the date of enactment of this Act, the Secretary, in
    coordination with the Secretary of Homeland Security and in consultation
    with the Federal Energy Regulatory Commission, the North American
    Electric Reliability Corporation, and the Electricity Subsector
    Coordinating Council, shall establish a program, to be known as the
    ``Rural and Municipal Utility Advanced Cybersecurity Grant and Technical
    Assistance Program'', to provide grants and technical assistance to, and
    enter into cooperative agreements with, eligible entities to protect
    against, detect, respond to, and recover from cybersecurity threats.

    [[Page 135 STAT. 954]]

        (c) Objectives.--The objectives of the Program shall be--
                (1) to deploy advanced cybersecurity technologies for
            electric utility systems; and
                (2) to increase the participation of eligible entities in
            cybersecurity threat information sharing programs.

        (d) Awards.--
                (1) In general.--The Secretary--
                        (A) shall award grants and provide technical
                    assistance under the Program to eligible entities on a
                    competitive basis;
                        (B) shall develop criteria and a formula for
                    awarding grants and providing technical assistance under
                    the Program;
                        (C) may enter into cooperative agreements with
                    eligible entities that can facilitate the objectives
                    described in subsection (c); and
                        (D) shall establish a process to ensure that all
                    eligible entities are informed about and can become
                    aware of opportunities to receive grants or technical
                    assistance under the Program.
                (2) Priority for grants and technical assistance.--In
            awarding grants and providing technical assistance under the
            Program, the Secretary shall give priority to an eligible entity
            that, as determined by the Secretary--
                        (A) has limited cybersecurity resources;
                        (B) owns assets critical to the reliability of the
                    bulk-power system; or
                        (C) owns defense critical electric infrastructure
                    (as defined in section 215A(a) of the Federal Power Act
                    (16 U.S.C. 824o-1(a))).

        (e) Protection of Information.--Information provided to, or
    collected by, the Federal Government pursuant to this section the
    disclosure of which the Secretary reasonably foresees could be
    detrimental to the physical security or cybersecurity of any electric
    utility or the bulk-power system--
                (1) shall be exempt from disclosure under section 552(b)(3)
            of title 5, United States Code; and
                (2) shall not be made available by any Federal agency,
            State, political subdivision of a State, or Tribal authority
            pursuant to any Federal, State, political subdivision of a
            State, or Tribal law, respectively, requiring public disclosure
            of information or records.

        (f) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 18724.>>  ENHANCED GRID SECURITY.

        (a) Definitions.--In this section:
                (1) Electric utility.--The term ``electric utility'' has the
            meaning given the term in section 3 of the Federal Power Act (16
            U.S.C. 796).
                (2) E-ISAC.--The term ``E-ISAC'' means the Electricity
            Information Sharing and Analysis Center.

        (b) Cybersecurity for the Energy Sector Research, Development, and
    Demonstration Program.--
                (1) In general.--The Secretary, in coordination with the
            Secretary of Homeland Security and in consultation with, as

    [[Page 135 STAT. 955]]

            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) <<NOTE: Time period.>>  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;

    [[Page 135 STAT. 956]]

                        (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) <<NOTE: Time period.>>  Authorization of
            appropriations.--There is authorized to be appropriated to the
            Secretary to carry out this subsection $50,000,000 for the
            period of fiscal years 2022 through 2026.

        (d) Modeling and Assessing Energy Infrastructure Risk.--
                (1) In general.--The Secretary, in coordination with the
            Secretary of Homeland Security, shall develop and carry out an
            advanced energy security program to secure energy networks,
            including--
                        (A) electric networks;
                        (B) natural gas networks; and
                        (C) oil exploration, transmission, and delivery
                    networks.
                (2) Security and resiliency objective.--The objective of the
            program developed under paragraph (1) is to increase the
            functional preservation of electric grid operations or natural
            gas and oil operations in the face of natural and human-made
            threats and hazards, including electric magnetic pulse and
            geomagnetic disturbances.
                (3) Eligible activities.--In carrying out the program
            developed under paragraph (1), the Secretary may--
                        (A) develop capabilities to identify vulnerabilities
                    and critical components that pose major risks to grid
                    security if destroyed or impaired;
                        (B) provide modeling at the national level to
                    predict impacts from natural or human-made events;
                        (C) add physical security to the cybersecurity
                    maturity model;
                        (D) conduct exercises and assessments to identify
                    and mitigate vulnerabilities to the electric grid,
                    including providing mitigation recommendations;
                        (E) conduct research on hardening solutions for
                    critical components of the electric grid;
                        (F) conduct research on mitigation and recovery
                    solutions for critical components of the electric grid;
                    and
                        (G) provide technical assistance to States and other
                    entities for standards and risk analysis.
                (4) Savings provision.--Nothing in this section authorizes
            new regulatory requirements.
                (5) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 18725.>>  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

    [[Page 135 STAT. 957]]

            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. <<NOTE: 42 USC 18726.>>  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

    [[Page 135 STAT. 958]]

    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. <<NOTE: 43 USC 311.>>  EARTH MAPPING RESOURCES
                                INITIATIVE.

        (a) Definition of Critical Mineral.--In this section, the term
    ``critical mineral'' has the meaning given the term in section 7002(a)
    of the Energy Act of 2020 (30 U.S.C. 1606(a)).
        (b) Establishment.--There is established within the United States
    Geological Survey an initiative, to be known as the ``Earth Mapping
    Resources Initiative'' (referred to in this section as the
    ``Initiative'').
        (c) Purpose.--The purpose of the Initiative shall be to accelerate
    efforts to carry out the fundamental resources and mapping mission of
    the United States Geological Survey by--
                (1) providing integrated topographic, geologic, geochemical,
            and geophysical mapping;
                (2) accelerating the integration and consolidation of
            geospatial and resource data; and
                (3) providing interpretation of subsurface and above-ground
            mineral resources data.

        (d) Cooperative Agreements.--
                (1) In general.--In carrying out the Initiative, the
            Director of the United States Geological Survey may enter into
            cooperative agreements with State geological surveys.
                (2) Effect.--Nothing in paragraph (1) precludes the Director
            of the United States Geological Survey from using existing
            contracting authorities in carrying out the Initiative.

        (e) Comprehensive Mapping Modernization.--
                (1) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 959]]

        (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) <<NOTE: Time period.>>  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.''.

    [[Page 135 STAT. 960]]

    SEC. 40204. <<NOTE: 43 USC 50e.>>  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;

    [[Page 135 STAT. 961]]

                        ``(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. <<NOTE: 30 USC 1607.>>  CRITICAL MINERALS SUPPLY
                                CHAINS AND RELIABILITY.

        (a) Definition of Critical Mineral.--In this section, the term
    ``critical mineral'' has the meaning given the term in section 7002(a)
    of the Energy Act of 2020 (30 U.S.C. 1606(a)).
        (b) Sense of Congress.--It is the sense of Congress that--
                (1) critical minerals are fundamental to the economy,
            competitiveness, and security of the United States;
                (2) many critical minerals are only economic to recover when
            combined with the production of a host mineral;
                (3) to the maximum extent practicable, the critical mineral
            needs of the United States should be satisfied by minerals
            responsibly produced and recycled in the United States; and
                (4) the Federal permitting process has been identified as an
            impediment to mineral production and the mineral security of the
            United States.

        (c) Federal Permitting and Review Performance Improvements.--To
    improve the quality and timeliness of Federal permitting and review
    processes with respect to critical mineral production on Federal land,
    the Secretary of the Interior, acting through the Director of the Bureau
    of Land Management, and the Secretary of Agriculture, acting through the
    Chief of the Forest Service (referred to in this section as the
    ``Secretaries''), to the maximum extent practicable, shall complete the
    Federal permitting and review processes with maximum efficiency and
    effectiveness, while supporting vital economic growth, by--
                (1) establishing and adhering to timelines and schedules for
            the consideration of, and final decisions regarding,
            applications, operating plans, leases, licenses, permits, and
            other use authorizations for critical mineral-related activities
            on Federal land;
                (2) establishing clear, quantifiable, and temporal
            permitting performance goals and tracking progress against those
            goals;
                (3) engaging in early collaboration among agencies, project
            sponsors, and affected stakeholders--
                        (A) to incorporate and address the interests of
                    those parties; and
                        (B) to minimize delays;
                (4) ensuring transparency and accountability by using cost-
            effective information technology to collect and disseminate
            information regarding individual projects and agency
            performance;
                (5) engaging in early and active consultation with State,
            local, and Tribal governments--
                        (A) to avoid conflicts or duplication of effort;
                        (B) to resolve concerns; and
                        (C) to allow for concurrent, rather than sequential,
                    reviews;

    [[Page 135 STAT. 962]]

                (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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 963]]

            (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) <<NOTE: Data. Public information. Website.>>  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. <<NOTE: 42 USC 18741.>>  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'');

    [[Page 135 STAT. 964]]

                              (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) <<NOTE: Consultation.>>  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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 965]]

                              (iii) to retool, retrofit, or expand 1 or more
                          existing battery material processing facilities
                          located in the United States and determined
                          qualified by the Secretary.
                        (B) Amount limitation.--The amount of a grant
                    awarded under the program shall be not less than--
                              (i) $50,000,000 for an eligible entity
                          carrying out 1 or more projects described in
                          subparagraph (A)(i);
                              (ii) $100,000,000 for an eligible entity
                          carrying out 1 or more projects described in
                          subparagraph (A)(ii); and
                              (iii) $50,000,000 for an eligible entity
                          carrying out 1 or more projects described in
                          subparagraph (A)(iii).
                        (C) Priority; consideration.--In awarding grants to
                    eligible entities under the program, the Secretary
                    shall--
                              (i) give priority to an eligible entity that--
                                        (I) is located and operates in the
                                    United States;
                                        (II) is owned by a United States
                                    entity;
                                        (III) deploys North American-owned
                                    intellectual property and content;
                                        (IV) represents consortia or
                                    industry partnerships; and
                                        (V) will not use battery material
                                    supplied by or originating from a
                                    foreign entity of concern; and
                              (ii) take into consideration whether a
                          project--
                                        (I) provides workforce opportunities
                                    in low- and moderate-income communities;
                                        (II) encourages partnership with
                                    universities and laboratories to spur
                                    innovation and drive down costs;
                                        (III) partners with Indian Tribes;
                                    and
                                        (IV) takes into account--
                                                (aa) greenhouse gas
                                            emissions reductions and energy
                                            efficient battery material
                                            processing opportunities
                                            throughout the manufacturing
                                            process; and
                                                (bb) supply chain logistics.
                (4) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 966]]

                              (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.

    [[Page 135 STAT. 967]]

                (4) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 968]]

                                        (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.

    [[Page 135 STAT. 969]]

                (2) Battery recycling research, development, and
            demonstration grants.--
                        (A) In general.--The Secretary, in coordination with
                    the Administrator, shall award multiyear grants to
                    eligible entities for research, development, and
                    demonstration projects to create innovative and
                    practical approaches to increase the reuse and recycling
                    of batteries, including by addressing--
                              (i) recycling activities;
                              (ii) the development of methods to promote the
                          design and production of batteries that take into
                          full account and facilitate the dismantling,
                          reuse, recovery, and recycling of battery
                          components and materials;
                              (iii) strategies to increase consumer
                          acceptance of, and participation in, the recycling
                          of batteries;
                              (iv) the extraction or recovery of critical
                          minerals from batteries that are recycled;
                              (v) the integration of increased quantities of
                          recycled critical minerals in batteries and other
                          products to develop markets for recycled battery
                          materials and critical minerals;
                              (vi) safe disposal of waste materials and
                          components recovered during the recycling process;
                              (vii) the protection of the health and safety
                          of all persons involved in, or in proximity to,
                          recycling and reprocessing activities, including
                          communities located near recycling and materials
                          reprocessing facilities;
                              (viii) mitigation of environmental impacts
                          that arise from recycling batteries, including
                          disposal of toxic reagents and byproducts related
                          to recycling processes;
                              (ix) protection of data privacy associated
                          with collected covered battery-containing
                          products;
                              (x) the optimization of the value of material
                          derived from recycling batteries; and
                              (xi) the cost-effectiveness and benefits of
                          the reuse and recycling of batteries and critical
                          minerals.
                        (B) Eligible entities.--The Secretary, in
                    coordination with the Administrator, may award a grant
                    under subparagraph (A) to--
                              (i) an institution of higher education;
                              (ii) a National Laboratory;
                              (iii) a Federal research agency;
                              (iv) a State research agency;
                              (v) a nonprofit organization;
                              (vi) an industrial entity;
                              (vii) a manufacturing entity;
                              (viii) a private battery-collection entity;
                              (ix) an entity operating 1 or more battery
                          recycling activities;
                              (x) a State or municipal government entity;
                              (xi) a battery producer;
                              (xii) a battery retailer; or
                              (xiii) a consortium of 2 or more entities
                          described in clauses (i) through (xii).
                        (C) Applications.--

    [[Page 135 STAT. 970]]

                              (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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Grants.>>  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) <<NOTE: Time period.>>  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.--

    [[Page 135 STAT. 971]]

                        (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) <<NOTE: Recommenda- tions.>>  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)).

    [[Page 135 STAT. 972]]

                        ``(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

    [[Page 135 STAT. 973]]

                                        ``(II) for research, development,
                                    and demonstration projects to create
                                    innovative and practical approaches to
                                    increase the recycling and second-use of
                                    electric drive vehicle batteries,
                                    including by addressing--
                                                ``(aa) technology to
                                            increase the efficiency of
                                            electric drive vehicle battery
                                            recycling and maximize the
                                            recovery of critical materials
                                            for use in new products;
                                                ``(bb) expanded uses for
                                            critical materials recovered
                                            from electric drive vehicle
                                            batteries;
                                                ``(cc) product design and
                                            construction to facilitate the
                                            disassembly and recycling of
                                            electric drive vehicle
                                            batteries;
                                                ``(dd) product design and
                                            construction and other tools and
                                            techniques to extend the
                                            lifecycle of electric drive
                                            vehicle batteries, including
                                            methods to promote the safe
                                            second-use of electric drive
                                            vehicle batteries;
                                                ``(ee) strategies to
                                            increase consumer acceptance of,
                                            and participation in, the
                                            recycling of electric drive
                                            vehicle batteries;
                                                ``(ff) improvements and
                                            changes to electric drive
                                            vehicle battery chemistries that
                                            include ways to decrease
                                            processing costs for battery
                                            recycling without sacrificing
                                            front-end performance;
                                                ``(gg) second-use of
                                            electric drive vehicle
                                            batteries, including in
                                            applications outside of the
                                            automotive industry; and
                                                ``(hh) the commercialization
                                            and scale-up of electric drive
                                            vehicle battery recycling
                                            technologies.
                              ``(ii) Priority.--In awarding grants under
                          clause (i), the Secretary shall give priority to
                          projects that--
                                        ``(I) are located in geographically
                                    diverse regions of the United States;
                                        ``(II) include business
                                    commercialization plans that have the
                                    potential for the recycling of electric
                                    drive vehicle batteries at high volumes;
                                        ``(III) support the development of
                                    advanced manufacturing technologies that
                                    have the potential to improve the
                                    competitiveness of the United States in
                                    the international electric drive vehicle
                                    battery manufacturing sector;
                                        ``(IV) provide the greatest
                                    potential to reduce costs for consumers
                                    and promote accessibility and community
                                    implementation of demonstrated
                                    technologies;
                                        ``(V) increase disclosure and
                                    transparency of information to
                                    consumers;
                                        ``(VI) support the development or
                                    demonstration of projects in
                                    economically distressed areas; and
                                        ``(VII) support other relevant
                                    priorities, as determined to be
                                    appropriate by the Secretary.

    [[Page 135 STAT. 974]]

                              `` <<NOTE: Deadline.>> (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;

    [[Page 135 STAT. 975]]

                                        ``(VI) <<NOTE: Recommenda- tions.>>
                                    policy recommendations for enhancing
                                    electric drive vehicle battery
                                    manufacturing and recycling in the
                                    United States;
                                        ``(VII) <<NOTE: Recommenda-
                                    tions.>>  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) <<NOTE: Recommenda-
                                    tions.>>  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) <<NOTE: Deadline. Time period. Recommenda-
                    tions.>>  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. <<NOTE: 42 USC 18742.>>  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;

    [[Page 135 STAT. 976]]

                        (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;

    [[Page 135 STAT. 977]]

                              (III) technology relating to energy efficiency
                          and reduction in waste from industrial processes;
                          or
                              (IV) any other industrial technology that
                          significantly reduces greenhouse gas emissions, as
                          determined by the Secretary;
                        (B) has a reasonable expectation of commercial
                    viability, as determined by the Secretary; and
                        (C) is located in a covered census tract.

        (b) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish a program to award
    grants to eligible entities to carry out qualifying advanced energy
    projects.
        (c) Applications.--
                (1) In general.--Each eligible entity seeking a grant under
            the Program shall submit to the Secretary an application at such
            time, in such manner, and containing such information as the
            Secretary may require, including a description of the proposed
            qualifying advanced energy project to be carried out using the
            grant.
                (2) Selection criteria.--
                        (A) Projects.--In selecting eligible entities to
                    receive grants under the Program, the Secretary shall,
                    with respect to the qualifying advanced energy projects
                    proposed by the eligible entities, give higher priority
                    to projects that--
                              (i) will provide higher net impact in avoiding
                          or reducing anthropogenic emissions of greenhouse
                          gases;
                              (ii) will result in a higher level of domestic
                          job creation (both direct and indirect) during the
                          lifetime of the project;
                              (iii) will result in a higher level of job
                          creation in the vicinity of the project,
                          particularly with respect to--
                                        (I) low-income communities (as
                                    described in section 45D(e) of the
                                    Internal Revenue Code of 1986); and
                                        (II) dislocated workers who were
                                    previously employed in manufacturing,
                                    coal power plants, or coal mining;
                              (iv) have higher potential for technological
                          innovation and commercial deployment;
                              (v) have a lower levelized cost of--
                                        (I) generated or stored energy; or
                                        (II) measured reduction in energy
                                    consumption or greenhouse gas emission
                                    (based on costs of the full supply
                                    chain); and
                              (vi) have a shorter project time.
                        (B) Eligible entities.--In selecting eligible
                    entities to receive grants under the Program, the
                    Secretary shall give priority to eligible entities that
                    are minority-owned.

        (d) Project Completion and Location; Return of Unobligated Funds.--
                (1) Completion; return of unobligated funds.--An eligible
            entity that receives a grant under the Program shall be
            required--
                        (A) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 978]]

                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Public information.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 18743.>>  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

    [[Page 135 STAT. 979]]

            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,

    [[Page 135 STAT. 980]]

            or byproducts produced through legacy mining and metallurgy
            activities.

        (b) Critical Minerals Mining and Recycling Research and
    Development.--
                (1) In general.--In order to support supply chain
            resiliency, the Secretary, in coordination with the Director,
            shall issue awards, on a competitive basis, to eligible entities
            described in paragraph (2) to support basic research that will
            accelerate innovation to advance critical minerals mining,
            recycling, and reclamation strategies and technologies for the
            purposes of--
                        (A) making better use of domestic resources; and
                        (B) eliminating national reliance on minerals and
                    mineral materials that are subject to supply
                    disruptions.
                (2) Eligible entities.--Entities eligible to receive an
            award under paragraph (1) are the following:
                        (A) Institutions of higher education.
                        (B) National Laboratories.
                        (C) Nonprofit organizations.
                        (D) Consortia of entities described in subparagraphs
                    (A) through (C), including consortia that collaborate
                    with private industry.
                (3) Use of funds.--Activities funded by an award under this
            section may include--
                        (A) advancing mining research and development
                    activities to develop new mapping and mining
                    technologies and techniques, including advanced critical
                    mineral extraction and production--
                              (i) to improve existing, or to develop new,
                          supply chains of critical minerals; and
                              (ii) to yield more efficient, economical, and
                          environmentally benign mining practices;
                        (B) advancing critical mineral processing research
                    activities to improve separation, alloying,
                    manufacturing, or recycling techniques and technologies
                    that can decrease the energy intensity, waste, potential
                    environmental impact, and costs of those activities;
                        (C) advancing research and development of critical
                    minerals mining and recycling technologies that take
                    into account the potential end-uses and disposal of
                    critical minerals, in order to improve end-to-end
                    integration of mining and technological applications;
                        (D) conducting long-term earth observation of
                    reclaimed mine sites, including the study of the
                    evolution of microbial diversity at those sites;
                        (E) examining the application of artificial
                    intelligence for geological exploration of critical
                    minerals, including what size and diversity of data sets
                    would be required;
                        (F) examining the application of machine learning
                    for detection and sorting of critical minerals,
                    including what size and diversity of data sets would be
                    required;
                        (G) conducting detailed isotope studies of critical
                    minerals and the development of more refined geologic
                    models; or
                        (H) providing training and research opportunities to
                    undergraduate and graduate students to prepare the next
                    generation of mining engineers and researchers.

    [[Page 135 STAT. 981]]

        (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;

    [[Page 135 STAT. 982]]

                        (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

    [[Page 135 STAT. 983]]

            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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 18744.>>  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) <<NOTE: Appointment. Deadline.>>  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;

    [[Page 135 STAT. 984]]

                        (D) energy workforce development or apprenticeship
                    programs of States or units of local government;
                        (E) relevant organized labor organizations; or
                        (F) bringing underrepresented groups, including
                    racial and ethnic minorities, women, veterans, and
                    socioeconomically disadvantaged individuals, into the
                    workforce.

        (c) Advisory Board Review and Recommendations.--
                (1) Determination by board.--In developing the strategy
            required under subsection (a), the Board shall--
                        (A) determine whether there are opportunities to
                    more effectively and efficiently use the capabilities of
                    the Department in the development of a skilled energy
                    workforce;
                        (B) identify ways in which the Department could work
                    with other relevant Federal agencies, States, units of
                    local government, institutions of higher education,
                    labor organizations, Indian Tribes and tribal
                    organizations, and industry in the development of a
                    skilled energy workforce, subject to applicable law;
                        (C) identify ways in which the Department and
                    National Laboratories can--
                              (i) increase outreach to minority-serving
                          institutions; and
                              (ii) make resources available to increase the
                          number of skilled minorities and women trained to
                          go into the energy and energy-related
                          manufacturing sectors;
                              (iii) increase outreach to displaced and
                          unemployed energy sector workers; and
                              (iv) make resources available to provide
                          training to displaced and unemployed energy sector
                          workers to reenter the energy workforce; and
                        (D)(i) identify the energy sectors in greatest need
                    of workforce training; and
                        (ii) in consultation with the Secretary of Labor,
                    develop recommendations for the skills necessary to
                    develop a workforce trained to work in those energy
                    sectors.
                (2) Required analysis.--In developing the strategy required
            under subsection (a), the Board shall analyze the effectiveness
            of--
                        (A) existing Department-directed support; and
                        (B) existing energy workforce training programs.
                (3) Report.--
                        (A) In general.--Not later than 1 year after the
                    date on which the Board is established under this
                    section, and biennially thereafter until the date on
                    which the Board is terminated under subsection (f), the
                    Board shall submit to the Secretary a report containing,
                    with respect to the strategy required under subsection
                    (a)--
                              (i) the findings of the Board; and
                              (ii) the proposed energy workforce strategy of
                          the Board.
                        (B) Response of the secretary.--Not later than 90
                    days after the date on which a report is submitted to
                    the Secretary under subparagraph (A), the Secretary
                    shall--

    [[Page 135 STAT. 985]]

                              (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;

    [[Page 135 STAT. 986]]

                (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. <<NOTE: 42 USC 16292 note.>>  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;

    [[Page 135 STAT. 987]]

                (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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 988]]

                        (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) <<NOTE: Time period.>>  Authorization of Appropriations.--
    There are authorized to be appropriated to the Secretary to carry out
    this section--
                ``(1) $41,000,000 for fiscal year 2022;
                ``(2) $65,250,000 for fiscal year 2023;
                ``(3) $66,562,500 for fiscal year 2024;
                ``(4) $67,940,625 for fiscal year 2025; and
                ``(5) $69,387,656 for fiscal year 2026.''.
    SEC. 40303. CARBON CAPTURE TECHNOLOGY PROGRAM.

        Section 962 of the Energy Policy Act of 2005 (42 U.S.C. 16292) is
    amended--
                (1) in subsection (b)(2)--
                        (A) in subparagraph (C), by striking ``and'' at the
                    end;
                        (B) in subparagraph (D), by striking ``program.''
                    and inserting ``program for carbon capture technologies;
                    and''; and
                        (C) by adding at the end the following:
                        ``(E) a front-end engineering and design program for
                    carbon dioxide transport infrastructure necessary to
                    enable deployment of carbon capture, utilization, and
                    storage technologies.''; and
                (2) in subsection (d)(1)--
                        (A) in subparagraph (C), by striking ``and'' at the
                    end;
                        (B) in subparagraph (D), by striking the period at
                    the end and inserting ``; and''; and
                        (C) by adding at the end the following:
                        ``(E) for activities under the front-end engineering
                    and design program described in subsection (b)(2)(E),
                    $100,000,000 for the period of fiscal years 2022 through
                    2026.''.
    SEC. 40304. CARBON DIOXIDE TRANSPORTATION INFRASTRUCTURE FINANCE
                                AND INNOVATION.

        (a) In General.--Title IX of the Energy Policy Act of 2005 (42
    U.S.C. 16181 et seq.) is amended by adding at the end the following:

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

    ``SEC. 999A. <<NOTE: 42 USC 16371.>>  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

    [[Page 135 STAT. 989]]

                        ``(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.

    [[Page 135 STAT. 990]]

                ``(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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 991]]

            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. <<NOTE: 42 USC 16372.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 992]]

                    reasonable prospect of repayment under subparagraph (A)
                    on a comprehensive evaluation of whether the obligor has
                    a reasonable prospect of repaying the Federal credit
                    instrument for the eligible project, including
                    evaluation of--
                              ``(i) the strength of the contractual terms of
                          an eligible project (if available for the
                          applicable market segment);
                              ``(ii) the forecast of noncontractual cash
                          flows supported by market projections from
                          reputable sources, as determined by the Secretary,
                          and cash sweeps or other structural enhancements;
                              ``(iii) the projected financial strength of
                          the obligor--
                                        ``(I) at the time of loan close; and
                                        ``(II) throughout the loan term,
                                    including after the project is
                                    completed;
                              ``(iv) the financial strength of the investors
                          and strategic partners of the obligor, if
                          applicable; and
                              ``(v) other financial metrics and analyses
                          that are relied on by the private lending
                          community and nationally recognized credit rating
                          agencies, as determined appropriate by the
                          Secretary.
                ``(3) Applications.--To be eligible for assistance under the
            CIFIA program, an obligor shall submit to the Secretary a
            project application at such time, in such manner, and containing
            such information as the Secretary determines to be appropriate.
                ``(4) Eligible project costs.--A project under the CIFIA
            program shall have eligible project costs that are reasonably
            anticipated to equal or exceed $100,000,000.
                ``(5) Revenue sources.--The applicable Federal credit
            instrument shall be repayable, in whole or in part, from--
                        ``(A) user fees;
                        ``(B) payments owing to the obligor under a public-
                    private partnership; or
                        ``(C) other revenue sources that also secure or fund
                    the project obligations.
                ``(6) Obligor will be identified later.--A State, local
            government, agency, or instrumentality of a State or local
            government, or a public authority, may submit to the Secretary
            an application under paragraph (3), under which a private party
            to a public-private partnership will be--
                        ``(A) the obligor; and
                        ``(B) identified at a later date through completion
                    of a procurement and selection of the private party.
                ``(7) Beneficial effects.--The Secretary shall determine
            that financial assistance for each project under the CIFIA
            program will--
                        ``(A) attract public or private investment for the
                    project; or
                        ``(B) enable the project to proceed at an earlier
                    date than the project would otherwise be able to proceed
                    or reduce the lifecycle costs (including debt service
                    costs) of the project.
                ``(8) <<NOTE: Deadline.>>  Project readiness.--To be
            eligible for assistance under the CIFIA program, the applicant
            shall demonstrate a reasonable expectation that the contracting
            process for

    [[Page 135 STAT. 993]]

            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

    [[Page 135 STAT. 994]]

                              ``(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) <<NOTE: Public information.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 995]]

                ``(2) <<NOTE: Deadline.>>  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. <<NOTE: 42 USC 16373.>>  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) <<NOTE: Consultation.>>  Risk assessment.--Before
            entering into an agreement under this subsection, the Secretary,
            in consultation with the Director of the Office of Management
            and Budget, shall determine an appropriate credit subsidy amount
            for each secured loan, taking into account all relevant factors,
            including the creditworthiness factors under section 999B(b)(2).

        ``(b) Terms and Limitations.--
                ``(1) In general.--A secured loan under this section with
            respect to a project shall be on such terms and conditions and
            contain such covenants, representations, warranties, and
            requirements (including requirements for audits) as the
            Secretary determines to be appropriate.
                ``(2) Maximum amount.--The amount of a secured loan under
            this section shall not exceed an amount equal to 80 percent of
            the reasonably anticipated eligible project costs.
                ``(3) Payment.--A secured loan under this section shall be
            payable, in whole or in part, from--
                        ``(A) user fees;
                        ``(B) payments owing to the obligor under a public-
                    private partnership; or
                        ``(C) other revenue sources that also secure or fund
                    the project obligations.
                ``(4) Interest rate.--
                        ``(A) In general.--Except as provided in
                    subparagraph (B), the interest rate on a secured loan
                    under this section shall be not less than the interest
                    rate reflected in the

    [[Page 135 STAT. 996]]

                    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) <<NOTE: Waiver authority.>>  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--

    [[Page 135 STAT. 997]]

                                        ``(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) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 998]]

                              ``(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. <<NOTE: 42 USC 16374.>>  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

    [[Page 135 STAT. 999]]

                ``(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. <<NOTE: 42 USC 16375.>>  PROGRAM ADMINISTRATION.

        ``(a) Requirement.--The Secretary shall establish a uniform system
    to service the Federal credit instruments provided under the CIFIA
    program.
        ``(b) Fees.--If funding sufficient to cover the costs of services of
    expert firms retained pursuant to subsection (d) and all or a portion of
    the costs to the Federal Government of servicing the Federal credit
    instruments is not provided in an appropriations Act for a fiscal year,
    the Secretary, during that fiscal year, may collect fees on or after the
    date of the financial close of a Federal credit instrument provided
    under the CIFIA program at a level that is sufficient to cover those
    costs.
        ``(c) Servicer.--
                ``(1) In general.--The Secretary may appoint a financial
            entity to assist the Secretary in servicing the Federal credit
            instruments.
                ``(2) Duties.--A servicer appointed under paragraph (1)
            shall act as the agent for the Secretary.
                ``(3) Fee.--A servicer appointed under paragraph (1) shall
            receive a servicing fee, subject to approval by the Secretary.

        ``(d) Assistance From Expert Firms.--The Secretary may retain the
    services of expert firms, including counsel, in the field of municipal
    and project finance to assist in the underwriting and servicing of
    Federal credit instruments.
        ``(e) Expedited Processing.--The Secretary shall implement
    procedures and measures to economize the time and cost involved in
    obtaining approval and the issuance of credit assistance under the CIFIA
    program.
    ``SEC. 999F. <<NOTE: 42 USC 16376.>>  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.

    [[Page 135 STAT. 1000]]

    ``SEC. 999G. <<NOTE: 42 USC 16377.>>  REGULATIONS.

        ``The Secretary may promulgate such regulations as the Secretary
    determines to be appropriate to carry out the CIFIA program.
    ``SEC. 999H. <<NOTE: 42 USC 16378.>>  AUTHORIZATION OF
                              APPROPRIATIONS; CONTRACT AUTHORITY.

        ``(a) Authorization of Appropriations.--
                ``(1) <<NOTE: Time periods.>>  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.''.

    [[Page 135 STAT. 1001]]

    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:

    [[Page 135 STAT. 1002]]

        ``(h) <<NOTE: Time period.>>  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. <<NOTE: Time period. 42 USC 300h-9.>>  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--

    [[Page 135 STAT. 1003]]

                              ``(i) carbon dioxide plus incidental
                          associated substances derived from the source
                          material or capture process; and
                              ``(ii) any substances added to the stream for
                          the purpose of enabling or improving the injection
                          process.
                ``(2) Exclusions.--The term `carbon dioxide stream' does not
            include additional waste or other matter added to the carbon
            dioxide stream for the purpose of disposal.

        ``(s) Carbon Sequestration.--The term `carbon sequestration' means
    the act of storing carbon dioxide that has been removed from the
    atmosphere or captured through physical, chemical, or biological
    processes that can prevent the carbon dioxide from reaching the
    atmosphere.''.
        (b) Leases, Easements, or Rights-of-way for Energy and Related
    Purposes.--Section 8(p)(1) of the Outer Continental Shelf Lands Act (43
    U.S.C. 1337(p)(1)) is amended--
                (1) in subparagraph (C), by striking ``or'' after the
            semicolon;
                (2) in subparagraph (D), by striking the period at the end
            and inserting ``; or''; and
                (3) by adding at the end the following:
                        ``(E) provide for, support, or are directly related
                    to the injection of a carbon dioxide stream into sub-
                    seabed geologic formations for the purpose of long-term
                    carbon sequestration.''.

        (c) <<NOTE: 43 USC 1337 note.>>  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) <<NOTE: Deadline. 43 USC 1331 note.>>  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

    [[Page 135 STAT. 1004]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>
                                    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.

    [[Page 135 STAT. 1005]]

                              ``(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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 16151 note.>>  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

    [[Page 135 STAT. 1006]]

                        (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,'';

    [[Page 135 STAT. 1007]]

                (3) by striking subsection (b) and inserting the following:

        ``(b) Goals.--The goals of the program shall be--
                ``(1) to advance research and development to demonstrate and
            commercialize the use of clean hydrogen in the transportation,
            utility, industrial, commercial, and residential sectors; and
                ``(2) to demonstrate a standard of clean hydrogen production
            in the transportation, utility, industrial, commercial, and
            residential sectors by 2040.'';
                (4) in subsection (c)(3), by striking ``renewable fuels and
            biofuels'' and inserting ``fossil fuels with carbon capture,
            utilization, and sequestration, renewable fuels, biofuels, and
            nuclear energy'';
                (5) by striking subsection (e) and inserting the following:

        ``(e) Activities.--In carrying out the program, the Secretary, in
    partnership with the private sector, shall conduct activities to advance
    and support--
                ``(1) the establishment of a series of technology cost goals
            oriented toward achieving the standard of clean hydrogen
            production developed under section 822(a);
                ``(2) the production of clean hydrogen from diverse energy
            sources, including--
                        ``(A) fossil fuels with carbon capture, utilization,
                    and sequestration;
                        ``(B) hydrogen-carrier fuels (including ethanol and
                    methanol);
                        ``(C) renewable energy resources, including biomass;
                        ``(D) nuclear energy; and
                        ``(E) any other methods the Secretary determines to
                    be appropriate;
                ``(3) the use of clean hydrogen for commercial, industrial,
            and residential electric power generation;
                ``(4) the use of clean hydrogen in industrial applications,
            including steelmaking, cement, chemical feedstocks, and process
            heat;
                ``(5) the use of clean hydrogen for use as a fuel source for
            both residential and commercial comfort heating and hot water
            requirements;
                ``(6) the safe and efficient delivery of hydrogen or
            hydrogen-carrier fuels, including--
                        ``(A) transmission by pipelines, including
                    retrofitting the existing natural gas transportation
                    infrastructure system to enable a transition to
                    transport and deliver increasing levels of clean
                    hydrogen, clean hydrogen blends, or clean hydrogen
                    carriers;
                        ``(B) tanks and other distribution methods; and
                        ``(C) convenient and economic refueling of vehicles,
                    locomotives, maritime vessels, or planes--
                              ``(i) at central refueling stations; or
                              ``(ii) through distributed onsite generation;
                ``(7) advanced vehicle, locomotive, maritime vessel, or
            plane technologies, including--
                        ``(A) engine and emission control systems;
                        ``(B) energy storage, electric propulsion, and
                    hybrid systems;
                        ``(C) automotive, locomotive, maritime vessel, or
                    plane materials; and

    [[Page 135 STAT. 1008]]

                        ``(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) <<NOTE: Coordination.>>  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) <<NOTE: Deadline. Time periods.>>  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 <<NOTE: 42
            USC 16162-16165.>>  as sections 818 through 821, respectively;
            and
                (2) by inserting after section 812 the following:
    ``SEC. 813. <<NOTE: 42 USC 16161a.>>  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.--

    [[Page 135 STAT. 1009]]

                ``(1) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Grants.>>  Funding of regional clean hydrogen
            hubs.--The Secretary may make grants to each regional clean
            hydrogen

    [[Page 135 STAT. 1010]]

            hub selected under paragraph (2) to accelerate commercialization
            of, and demonstrate the production, processing, delivery,
            storage, and end-use of, clean hydrogen.

        ``(d) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 16161b.>>  NATIONAL CLEAN HYDROGEN
                            STRATEGY AND ROADMAP.

        ``(a) Development.--
                ``(1) <<NOTE: Consultation.>>  In general.--In carrying out
            the programs established under sections 805 and 813, the
            Secretary, in consultation with the heads of relevant offices of
            the Department, shall develop a technologically and economically
            feasible national strategy and roadmap to facilitate widescale
            production, processing, delivery, storage, and use of clean
            hydrogen.
                ``(2) Inclusions.--The national clean hydrogen strategy and
            roadmap developed under paragraph (1) shall focus on--
                        ``(A) establishing a standard of hydrogen production
                    that achieves the standard developed under section
                    822(a), including interim goals towards meeting that
                    standard;
                        ``(B)(i) clean hydrogen production and use from
                    natural gas, coal, renewable energy sources, nuclear
                    energy, and biomass; and
                        ``(ii) identifying potential barriers, pathways, and
                    opportunities, including Federal policy needs, to
                    transition to a clean hydrogen economy;
                        ``(C) identifying--
                              ``(i) economic opportunities for the
                          production, processing, transport, storage, and
                          use of clean hydrogen that exist in the major
                          shale natural gas-producing regions of the United
                          States;
                              ``(ii) economic opportunities for the
                          production, processing, transport, storage, and
                          use of clean hydrogen that exist for merchant
                          nuclear power plants operating in deregulated
                          markets; and
                              ``(iii) environmental risks associated with
                          potential deployment of clean hydrogen
                          technologies in those regions, and ways to
                          mitigate those risks;
                        ``(D) approaches, including substrategies, that
                    reflect geographic diversity across the country, to
                    advance clean hydrogen based on resources, industry
                    sectors, environmental benefits, and economic impacts in
                    regional economies;
                        ``(E) identifying opportunities to use, and barriers
                    to using, existing infrastructure, including all
                    components of the natural gas infrastructure system, the
                    carbon dioxide pipeline infrastructure system, end-use
                    local distribution networks, end-use power generators,
                    LNG terminals, industrial users of natural gas, and
                    residential and commercial consumers of natural gas, for
                    clean hydrogen deployment;
                        ``(F) identifying the needs for and barriers and
                    pathways to developing clean hydrogen hubs (including,
                    where appropriate, clean hydrogen hubs coupled with
                    carbon capture, utilization, and storage hubs) that--
                              ``(i) are regionally dispersed across the
                          United States and can leverage natural gas to the
                          maximum extent practicable;

    [[Page 135 STAT. 1011]]

                              ``(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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 16161c.>>  CLEAN HYDROGEN MANUFACTURING
                            AND RECYCLING.

        ``(a) Clean Hydrogen Manufacturing Initiative.--
                ``(1) <<NOTE: Grants. Contracts.>>  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

    [[Page 135 STAT. 1012]]

                              ``(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) <<NOTE: Deadline. Time period. Public
            information. Review.>>  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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Public information.>>  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.

    [[Page 135 STAT. 1013]]

        ``(c) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 16161d.>>  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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 1014]]

            for scale-up and domestic manufacturing of electrolyzers at a
            high volume;
                ``(8) clean hydrogen storage technologies;
                ``(9) technologies that integrate hydrogen production with--
                        ``(A) clean hydrogen compression and drying
                    technologies;
                        ``(B) clean hydrogen storage; and
                        ``(C) transportation or stationary systems; and
                ``(10) integrated systems that combine hydrogen production
            with renewable power or nuclear power generation technologies,
            including hybrid systems with hydrogen storage.

        ``(f) <<NOTE: Determinations.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 16161e.>>  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) <<NOTE: Coordination.>>  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

    [[Page 135 STAT. 1015]]

            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. <<NOTE: 42 USC 16166.>>  CLEAN HYDROGEN PRODUCTION
                            QUALIFICATIONS.

    ``(a) <<NOTE: Deadline. Consultation. Determination. Applicability.>>
    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) <<NOTE: Definition.>>  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) <<NOTE: Deadline. Consultation. Determination.>>
            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.''.

    [[Page 135 STAT. 1016]]

                    Subtitle C--Nuclear Energy Infrastructure

    SEC. 40321. <<NOTE: 42 USC 18751.>>  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) <<NOTE: Evaluation. Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Strategy.>>  A strategy of the Department for
            using nuclear energy to meet resilience and carbon reduction
            goals of facilities of the Department.
                (3) <<NOTE: Strategy.>>  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) <<NOTE: Assessment.>>  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

    [[Page 135 STAT. 1017]]

            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) <<NOTE: Plans.>>  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) <<NOTE: 42 USC 18752.>>  Property Interests Relating to
    Federally Funded Advanced Nuclear Reactor Projects.--
                (1) Definitions.--In this section:
                        (A) Advanced nuclear reactor.--The term ``advanced
                    nuclear reactor'' has the meaning given the term in
                    section 951(b) of the Energy Policy Act of 2005 (42
                    U.S.C. 16271(b)).
                        (B) Property interest.--
                              (i) In general.--Except as provided in clause
                          (ii), the term ``property interest'' means any
                          interest in real property or personal property (as
                          those terms are defined in section 200.1 of title
                          2, Code of Federal Regulations (as in effect on
                          the date of enactment of this Act)).
                              (ii) Exclusion.--The term ``property
                          interest'' does not include any interest in
                          intellectual property developed using funding
                          provided under a project described in paragraph
                          (3).
                (2) Assignment of property interests.--The Secretary may
            assign to any entity, including the United States, fee title or
            any other property interest acquired by the Secretary under an
            agreement entered into with respect to a project described in
            paragraph (3).
                (3) Project described.--A project referred to in paragraph
            (2) is--

    [[Page 135 STAT. 1018]]

                        (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) <<NOTE: Contracts.>>  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) <<NOTE: Time
                                    period. Determination.>>  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) <<NOTE: 15 USC 3710a note.>>  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.

    [[Page 135 STAT. 1019]]

        (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) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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. <<NOTE: 42 USC 18753.>>  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) <<NOTE: Evaluation.>>  to evaluate nuclear reactors that
            are projected to cease operations due to economic factors; and
                (2) <<NOTE: Allocation.>>  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) <<NOTE: Time period.>>  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;

    [[Page 135 STAT. 1020]]

                                        (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) <<NOTE: Estimate.>>  an estimate of the
                          potential incremental air pollutants that would
                          result if the nuclear reactor were to cease
                          operations;
                              (iii) <<NOTE: Time period.>>  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) <<NOTE: Plan. Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 1021]]

                                        (I) after considering the
                                    information submitted under paragraph
                                    (1)(A)(i), the Secretary determines that
                                    the nuclear reactor is projected to
                                    cease operations due to economic
                                    factors;
                                        (II) after considering the estimate
                                    submitted under paragraph (1)(A)(ii),
                                    the Secretary determines that pollutants
                                    would increase if the nuclear reactor
                                    were to cease operations and be replaced
                                    with other types of power generation;
                                    and
                                        (III) the Nuclear Regulatory
                                    Commission has reasonable assurance that
                                    the nuclear reactor--
                                                (aa) will continue to be
                                            operated in accordance with the
                                            current licensing basis (as
                                            defined in section 54.3 of title
                                            10, Code of Federal Regulations
                                            (or successor regulations) of
                                            the nuclear reactor; and
                                                (bb) poses no significant
                                            safety hazards.
                              (iii) Priority.--In determining whether to
                          certify a nuclear reactor under clause (i), the
                          Secretary shall give priority to a nuclear reactor
                          that uses, to the maximum extent available,
                          uranium that is produced, converted, enriched, and
                          fabricated into fuel assemblies in the United
                          States.
                        (B) Notice.--For each application received under
                    paragraph (1)(A), the Secretary shall provide to the
                    applicable owner or operator, as applicable--
                              (i) a notice of the certification of the
                          applicable nuclear reactor; or
                              (ii) a notice that describes the reasons why
                          the certification of the applicable nuclear
                          reactor was denied.

        (d) Bidding Process.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  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.

    [[Page 135 STAT. 1022]]

                (2) <<NOTE: Time period.>>  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) <<NOTE: Termination date.>>  Limitation.--
            Notwithstanding any other provision of this section, the
            Secretary may not allocate any credits after September 30, 2031.

        (g) Additional Requirements.--
                (1) <<NOTE: Time period.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Procedures.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Recommenda- tions.>>  any recommendations to
            renew or expand the credits.

        (i) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 1023]]

            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. <<NOTE: 42 USC 15883.>>  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.

    [[Page 135 STAT. 1024]]

        ``(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--

    [[Page 135 STAT. 1025]]

                (1) <<NOTE: 42 USC 17231, 17232.>>  by redesignating
            subsections (e) through (g) as subsections (f) through (h),
            respectively; and
                (2) <<NOTE: 42 USC 17232.>>  by inserting after subsection
            (d) the following:

        ``(e) Pumped Storage Hydropower Wind and Solar Integration and
    System Reliability Initiative.--
                ``(1) Definition of eligible entity.--In this subsection,
            the term `eligible entity' means--
                        ``(A)(i) an electric utility, including--
                              ``(I) a political subdivision of a State, such
                          as a municipally owned electric utility; or
                              ``(II) an instrumentality of a State composed
                          of municipally owned electric utilities;
                        ``(ii) an electric cooperative; or
                        ``(iii) an investor-owned utility;
                        ``(B) an Indian Tribe or Tribal organization;
                        ``(C) a State energy office;
                        ``(D) an institution of higher education; and
                        ``(E) a consortium of the entities described in
                    subparagraphs (A) through (D).
                ``(2) Demonstration project.--
                        ``(A) <<NOTE: Deadline. Contracts. Assessments.>>
                    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) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 1026]]

            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) <<NOTE: Determination.>>  the Secretary or the Director,
            as applicable, makes a final determination for--
                        (A) a study plan agreement under subsection (c)(2);
                    or

    [[Page 135 STAT. 1027]]

                        (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) <<NOTE: Determination. Notice.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Determination. Deadline.>>  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.--

    [[Page 135 STAT. 1028]]

                (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadlines.>>  Objections.--
                        (A) In general.--Not later than 30 days after the
                    date on which the Secretary makes an initial
                    determination under paragraph (2), the Tribes or the
                    proposed lessee may submit to the Director an objection
                    to the initial determination.
                        (B) Final determination.--Not later than 120 days
                    after the date on which the Director receives an
                    objection under subparagraph (A), the Director shall--
                              (i) hold a hearing on the record regarding the
                          objection; and
                              (ii) make a final determination that
                          establishes the study plan, including a
                          description of studies the proposed lessee is
                          required to perform.
                (4) No objections.--If no objections are submitted by the
            deadline described in paragraph (3)(A), the initial
            determination of the Secretary under paragraph (2) shall be
            final.

        (e) Conditions of Lease.--
                (1) Consistency with rights of tribes; protection,
            mitigation, and enhancement of fish and wildlife.--
                        (A) In general.--Any lease of power privilege issued
                    by the Secretary for a project under subsection (b)
                    shall contain conditions--

    [[Page 135 STAT. 1029]]

                              (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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1030]]

                          issued by the Secretary for a project under
                          subsection (b).
                        (C) Dispute resolution.--
                              (i) <<NOTE: Notice.>>  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) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 1031]]

                    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. <<NOTE: 42 USC 18761.>>  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--

    [[Page 135 STAT. 1032]]

                        (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) <<NOTE: Consultation.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Determination.>>  Consultation.--The Secretary shall
    consult with the Director of the Office of Surface Mining Reclamation
    and Enforcement and the Administrator of the Environmental Protection
    Agency, acting through the Office of Brownfields and Land
    Revitalization, to determine whether it is necessary to promulgate
    regulations or issue guidance in order to prioritize and expedite the
    siting of clean energy projects on current and former mine land sites.

        (e) Technical Assistance.--The Secretary shall provide technical
    assistance to project applicants selected for participation in the
    program under subsection (c) to assess the needed interconnection,
    transmission, and other grid components and permitting and siting
    necessary to interconnect, on current and former mine land where the
    project will be sited, any generation or storage with the electric grid.
        (f) <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 1033]]

    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) <<NOTE: Determination.>>  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.--

    [[Page 135 STAT. 1034]]

                        (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) <<NOTE: Certification.>>  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--

    [[Page 135 STAT. 1035]]

                        (A) by striking paragraph (3) and inserting the
                    following:
                ``(3) <<NOTE: Determinations.>>  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

    [[Page 135 STAT. 1036]]

                    ``ultra efficient vehicle manufacturers, advanced
                    technology vehicle manufacturers, and component
                    suppliers'';
                        (B) in subsection (h)--
                              (i) in the subsection heading, by striking
                          ``Automobile'' and inserting ``Advanced Technology
                          Vehicle''; and
                              (ii) in paragraph (1)(B), by striking
                          ``automobiles, or components of automobiles'' and
                          inserting ``advanced technology vehicles, or
                          components of advanced technology vehicles'';
                        (C) by striking subsection (i);
                        (D) by redesignating subsection (j) as subsection
                    (i); and
                        (E) by adding at the end the following:

        ``(j) Coordination.--In carrying out this section, the Secretary
    shall coordinate with relevant vehicle, bioenergy, and hydrogen and fuel
    cell demonstration project activities supported by the Department.
        ``(k) Outreach.--In carrying out this section, the Secretary shall--
                ``(1) provide assistance with the completion of applications
            for awards or loans under this section; and
                ``(2) conduct outreach, including through conferences and
            online programs, to disseminate information on awards and loans
            under this section to potential applicants.

        ``(l) Prohibition on Use of Appropriated Funds.--Amounts
    appropriated to the Secretary before the date of enactment of this
    subsection shall not be available to the Secretary to provide awards
    under subsection (b) or loans under subsection (d) for the costs of
    activities that were not eligible for those awards or loans on the day
    before that date.
        ``(m) Report.--Not later than 2 years after the date of enactment of
    this subsection, and every 3 years thereafter, the Secretary shall
    submit to Congress a report on the status of projects supported by a
    loan under this section, including--
                ``(1) <<NOTE: List.>>  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) <<NOTE: Data.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Certification.>>  Conflicts of interest.--For
            each eligible project selected to receive a loan under this
            subsection, the Secretary

    [[Page 135 STAT. 1037]]

            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--

    [[Page 135 STAT. 1038]]

                (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. <<NOTE: 42 USC 18771.>>  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

    [[Page 135 STAT. 1039]]

            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. <<NOTE: 42 USC 18772.>>  DATA COLLECTION IN THE
                                ELECTRICITY SECTOR.

        (a) Dashboard.--
                (1) Establishment.--
                        (A) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline. Determination.>>  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--

    [[Page 135 STAT. 1040]]

                        (A) measurements of greenhouse gas and other
                    pollutant emissions collected by the Environmental
                    Protection Agency;
                        (B) other data collected by the Environmental
                    Protection Agency or other relevant Federal agencies, as
                    the Administrator determines to be appropriate; and
                        (C) data collected by State or regional energy
                    credit registries.
                (2) Outcomes.--The system established under paragraph (1)
            shall result in an integrated dataset that includes, for any
            given time--
                        (A) the net generation of electricity by megawatt
                    hour within the metered boundaries of each balancing
                    authority; and
                        (B) where available, the average and marginal
                    greenhouse gas emissions by megawatt hour of electricity
                    generated within the metered boundaries of each
                    balancing authority.
                (3) Real-time data dissemination.--To the maximum extent
            practicable, the system established under paragraph (1) shall
            disseminate data--
                        (A) on a real-time basis; and
                        (B) through an application programming interface
                    that is publicly accessible.
                (4) Complementary efforts.--The system established under
            paragraph (1) shall complement any existing data dissemination
            efforts of the Administrator that make use of electricity
            generation data, such as electricity demand by subregion and
            electricity interchange with directly interconnected balancing
            authorities.

        (c) Observed Characteristics of Bulk Power System Resource
    Integration.--
                (1) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 1041]]

                        (J) disruptions to grid operations, including
                    disruptions caused by cyber sources, physical sources,
                    extreme weather events, or other sources.

        (d) <<NOTE: Public information.>>  Distribution System Operations.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  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.

    [[Page 135 STAT. 1042]]

    SEC. 40413. <<NOTE: 42 USC 18773.>>  EXPANSION OF ENERGY
                                CONSUMPTION SURVEYS.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Reports.>>  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

    [[Page 135 STAT. 1043]]

                    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. <<NOTE: 42 USC 18774.>>  DATA COLLECTION ON ELECTRIC
                                VEHICLE INTEGRATION WITH THE
                                ELECTRICITY GRIDS.

        (a) <<NOTE: Deadline.>>  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

    [[Page 135 STAT. 1044]]

                        (B) distribution-system congestion.

        (c) Consultation and Coordination.--In carrying out subsection (a),
    the Administrator may consult and enter into agreements with other
    institutions having relevant data and data collection capabilities, such
    as--
                (1) the Secretary of Transportation;
                (2) the Secretary;
                (3) the Administrator of the Environmental Protection
            Agency;
                (4) States or State agencies; and
                (5) private entities.
    SEC. 40415. <<NOTE: 42 USC 18775.>>  PLAN FOR THE MODELING AND
                                FORECASTING OF DEMAND FOR MINERALS
                                USED IN THE ENERGY SECTOR.

        (a) Plan.--
                (1) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Time periods.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Consultation.>>  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.

    [[Page 135 STAT. 1045]]

    SEC. 40416. <<NOTE: 42 USC 18776.>>  EXPANSION OF INTERNATIONAL
                                ENERGY DATA.

        (a) <<NOTE: Deadline.>> 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.

         <<NOTE: Deadline.>> 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;

    [[Page 135 STAT. 1046]]

                (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

    [[Page 135 STAT. 1047]]

                        (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. <<NOTE: Deadline. Determinations. 42 USC 18777.>>
                                HARMONIZATION OF EFFORTS AND DATA.

        Not later than 1 year after the date of enactment of this Act, the
    Administrator shall establish a system to harmonize, to the maximum
    extent practicable and consistent with data integrity--
                (1) the data collection efforts of the Administrator,
            including any data collection required under this subtitle, with
            the data collection efforts of--
                        (A) the Environmental Protection Agency, as the
                    Administrator determines to be appropriate;
                        (B) other relevant Federal agencies, as the
                    Administrator determines to be appropriate; and
                        (C) State or regional energy credit registries, as
                    the Administrator determines to be appropriate;
                (2) the data collected under this subtitle, including the
            operating data on electricity generation collected under section
            40412(a), with data collected by the entities described in
            subparagraphs (A) through (C) of paragraph (1), including any
            measurements of greenhouse gas and other pollutant emissions
            collected by the Environmental Protection Agency, as the
            Administrator determines to be appropriate; and
                (3) the efforts of the Administrator to identify and report
            relevant impacts, opportunities, and patterns with respect to
            energy use, including the identification of community-level
            economic and environmental impacts required under section
            40413(b)(1)(C), with the efforts of the Environmental Protection
            Agency and other relevant Federal agencies, as determined by the
            Administrator, to identify similar impacts, opportunities, and
            patterns.

                            Subtitle C--Miscellaneous

    SEC. 40431. CONSIDERATION OF MEASURES TO PROMOTE GREATER
                                ELECTRIFICATION OF THE TRANSPORTATION
                                SECTOR.

        (a) In General.--Section 111(d) of the Public Utility Regulatory
    Policies Act of 1978 (16 U.S.C. 2621(d)) (as amended by section
    40104(a)(1)) is amended by adding at the end the following:
                ``(21) Electric vehicle charging programs.--Each State shall
            consider measures to promote greater electrification of the
            transportation sector, including the establishment of rates
            that--
                        ``(A) promote affordable and equitable electric
                    vehicle charging options for residential, commercial,
                    and public electric vehicle charging infrastructure;

    [[Page 135 STAT. 1048]]

                        ``(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) <<NOTE: Deadlines.>> 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) <<NOTE: Time period.>> 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)

    [[Page 135 STAT. 1049]]

                    (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) <<NOTE: Consultation. Assessments.>> 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) <<NOTE: Analysis.>>  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) <<NOTE: Summary.>>  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).

    [[Page 135 STAT. 1050]]

        (b) Study and Report.--The Secretary shall--
                (1) <<NOTE: Estimates. Time period.>> 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. <<NOTE: Reports.>> 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. <<NOTE: Deadline. Coordination.>> 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. <<NOTE: 42 USC 18791.>>  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

    [[Page 135 STAT. 1051]]

            part D of title III of the Energy Policy and Conservation Act
            (42 U.S.C. 6321 et seq.).
    SEC. 40502. <<NOTE: 42 USC 18792.>>  ENERGY EFFICIENCY REVOLVING
                                LOAN FUND CAPITALIZATION GRANT
                                PROGRAM.

        (a) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>> In general.--Of the
                    amounts made available under subsection (j), the
                    Secretary shall use 60 percent to provide supplemental
                    capitalization grants to priority States in accordance
                    with an allocation formula determined by the Secretary.
                        (B) Remaining funding.--After applying the
                    allocation formula described in subparagraph (A), the
                    Secretary shall redistribute any unclaimed funds to the
                    remaining priority States seeking supplemental
                    capitalization grants under that subparagraph.
                        (C) Grant amount.--
                              (i) Maximum amount.--The amount of a
                          supplemental capitalization grant provided to a
                          State under this paragraph shall not exceed
                          $15,000,000.
                              (ii) Supplement not supplant.--A supplemental
                          capitalization grant received by a State under
                          this paragraph shall supplement, not supplant, a
                          capitalization grant received by that State under
                          paragraph (1).

        (c) Applications for Capitalization Grants.--A State seeking a
    capitalization grant under the program shall submit to the Secretary an
    application at such time, in such manner, and containing such
    information as the Secretary may require, including--
                (1) <<NOTE: Plan.>>  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) <<NOTE: Audits.>>  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

    [[Page 135 STAT. 1052]]

                (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 <<NOTE: Requirement. Deadline.>>  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) <<NOTE: Loans.>> 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) <<NOTE: Determination.>> determine
                                    the overall consumption of energy of the
                                    facility of the eligible recipient;
                                        (II) <<NOTE: Recommenda-
                                    tions.>> 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) <<NOTE: Cost estimate.>>
                                    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) <<NOTE: Recommenda-
                                    tion.>> recommend controls and
                                    management systems to reduce or
                                    redistribute peak energy consumption;
                                    and

    [[Page 135 STAT. 1053]]

                                        (VI) <<NOTE: Cost
                                    estimate.>> 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) <<NOTE: Recommenda- tion.>>
                                    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) <<NOTE: Recommenda-
                                    tion.>> 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) <<NOTE: Determination.>> 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.

    [[Page 135 STAT. 1054]]

                              (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

    [[Page 135 STAT. 1055]]

                                                (bb)(AA) meets the
                                            requirements for the applicable
                                            audit under subparagraph (A) or
                                            (B), as applicable; or

                                            (BB) <<NOTE: Determination.>>
                                            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) <<NOTE: Time
                                            period.>> 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) <<NOTE: Determination. Cost estimates.>>
                    Referral to qualified contractors.--Following the
                    completion of an audit under subparagraph (A) or (B) by
                    an eligible recipient of a loan under the applicable
                    subparagraph, the State may refer the eligible recipient
                    to a qualified contractor, as determined by the State,
                    to estimate--
                              (i) the upfront capital cost of each
                          recommended upgrade; and
                              (ii) the total upfront capital cost of
                          implementing all recommended upgrades.
                        (E) Loan recipients.--Each State providing loans
                    under this paragraph shall, to the maximum extent
                    practicable, provide loans to eligible recipients that
                    do not have access to private capital.
                (3) Grants and technical assistance.--
                        (A) In general.--A State that receives a
                    capitalization grant under the program may use not more
                    than 25 percent of the grant funds to provide grants or
                    technical assistance to eligible entities described in
                    subparagraph (B) to carry out the activities described
                    in subparagraphs (A), (B), and (C) of paragraph (2).
                        (B) Eligible entity.--An entity eligible for a grant
                    or technical assistance under subparagraph (A) is--
                              (i) a business that--
                                        (I) is an eligible recipient
                                    described in paragraph (2)(A)(iv); and
                                        (II) has fewer than 500 employees;
                                    or
                              (ii) a low-income individual (as defined in
                          section 3 of the Workforce Innovation and
                          Opportunity Act (29 U.S.C. 3102)) that owns a
                          residential building.
                (4) <<NOTE: Deadline.>> 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

    [[Page 135 STAT. 1056]]

            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. <<NOTE: 42 USC 18793.>>  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).

    [[Page 135 STAT. 1057]]

                (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) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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.

    [[Page 135 STAT. 1058]]

                              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. <<NOTE: 42 USC 6838.>>  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) <<NOTE: Determination.>> 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--

    [[Page 135 STAT. 1059]]

                              ``(i) resilience and peak load reduction;
                              ``(ii) occupant safety and health; and
                              ``(iii) environmental performance;
                        ``(D) the demonstrated capacity of the eligible
                    entity to carry out the proposed project; and
                        ``(E) the need of the eligible entity for
                    assistance; and
                ``(2) give priority to applications from partnerships.

        ``(d) Eligible Activities.--
                ``(1) In general.--An eligible entity awarded a grant under
            this section may use the grant funds--
                        ``(A) to create or enable State or regional
                    partnerships to provide training and materials to--
                              ``(i) builders, contractors and
                          subcontractors, architects, and other design and
                          construction professionals, relating to meeting
                          updated building energy codes in a cost-effective
                          manner; and
                              ``(ii) building code officials, relating to
                          improving implementation of and compliance with
                          building energy codes;
                        ``(B) <<NOTE: Data.>>  to collect and disseminate
                    quantitative data on construction and codes
                    implementation, including code pathways, performance
                    metrics, and technologies used;
                        ``(C) <<NOTE: Plan.>> 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) <<NOTE: Updates.>> 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) <<NOTE: Time period.>> 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. <<NOTE: Grants. 42 USC 18801.>>  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--

    [[Page 135 STAT. 1060]]

                (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) <<NOTE: Coordination.>> 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. <<NOTE: Grants. 42 USC 18802.>>  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

    [[Page 135 STAT. 1061]]

    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. <<NOTE: 42 USC 18803.>>  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) <<NOTE: Contracts. Deadline.>> 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) <<NOTE: Time period.>> 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.

    [[Page 135 STAT. 1062]]

        (d) Data.--The data referred in subsection (c)(2) includes data
    that--
                (1) is collected through the Portfolio Manager database of
            the Environmental Protection Agency;
                (2) is required to be publicly available on the internet
            under State and local government building energy disclosure laws
            (including regulations); and
                (3) includes information on private sector buildings that
            are not less than 250,000 square feet.

        (e) Protection of Information.--In carrying out the agreement, the
    Administrator and the Administrator of the Environmental Protection
    Agency shall protect information in accordance with--
                (1) section 552(b)(4) of title 5, United States Code
            (commonly known as the ``Freedom of Information Act'');
                (2) subchapter III of chapter 35 of title 44, United States
            Code; and
                (3) any other applicable law (including regulations).

                    Subtitle C--Industrial Energy Efficiency

                                PART I--INDUSTRY

    SEC. 40521. FUTURE OF INDUSTRY PROGRAM AND INDUSTRIAL RESEARCH AND
                                ASSESSMENT CENTERS.

        (a) Future of Industry Program.--
                (1) In general.--Section 452 of the Energy Independence and
            Security Act of 2007 (42 U.S.C. 17111) is amended--
                        (A) by striking the section heading and inserting
                    the following: ``future of industry program'';
                        (B) in subsection (a)(2)--
                              (i) by redesignating subparagraph (E) as
                          subparagraph (F); and
                              (ii) by inserting after subparagraph (D) the
                          following:
                        ``(E) water and wastewater treatment facilities,
                    including systems that treat municipal, industrial, and
                    agricultural waste; and'';
                        (C) by striking subsection (e); and
                        (D) by redesignating subsection (f) as subsection
                    (e).
                (2) Conforming amendment.--Section 454(b)(2)(C) of the
            Energy Independence and Security Act of 2007 (42 U.S.C.
            17113(b)(2)(C)) is amended by striking ``energy-intensive
            industries'' and inserting ``Future of Industry''.

        (b) Industrial Research and Assessment Centers.--Subtitle D of title
    IV of the Energy Independence and Security Act of 2007 (42 U.S.C. 17111
    et seq.) is amended by adding at the end the following:
    ``SEC. 457. <<NOTE: 42 USC 17116.>>  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

    [[Page 135 STAT. 1063]]

                        ``(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) <<NOTE: Determination.>> 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.

    [[Page 135 STAT. 1064]]

                ``(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) <<NOTE: Coordination.>>  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) <<NOTE: Coordination.>>  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--

    [[Page 135 STAT. 1065]]

                ``(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) <<NOTE: Determination.>> 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.--

    [[Page 135 STAT. 1066]]

                ``(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) <<NOTE: Evaluation.>> 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) <<NOTE: Payment.>>  Apprenticeships.--The Secretary
            shall pay the Federal share of associated apprenticeship
            programs under which--
                        ``(A) students work with or for industries,
                    manufacturers, and energy service providers to implement
                    the recommendations of industrial research and
                    assessment centers; and
                        ``(B) employees of facilities that have received an
                    assessment from an industrial research and assessment
                    center work with or for an industrial research and
                    assessment center to gain knowledge on engineering
                    practices and processes to improve productivity and
                    energy savings.
                ``(3) Federal share.--The Federal share of the cost of
            carrying out internship programs described in paragraph (1) and
            apprenticeship programs described in paragraph (2) shall be 50
            percent.

        ``(h) Small Business Loans.--The Administrator of the Small Business
    Administration shall, to the maximum extent practicable, expedite
    consideration of applications from eligible small business concerns for
    loans under the Small Business Act (15 U.S.C. 631 et seq.) to implement
    recommendations developed by the industrial research and assessment
    centers.
        ``(i) Implementation Grants.--
                ``(1) In general.--The Secretary shall establish a program
            under which the Secretary shall provide grants to eligible
            entities to implement covered projects.
                ``(2) Application.--An eligible entity seeking a grant under
            the Program shall submit to the Secretary an application at such
            time, in such manner, and containing such information as the
            Secretary may require, including a demonstration of need for
            financial assistance to implement the proposed covered project.
                ``(3) Priority.--In awarding grants under the Program, the
            Secretary shall give priority to eligible entities that--

    [[Page 135 STAT. 1067]]

                        ``(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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 6346.>>  SUSTAINABLE MANUFACTURING
                            INITIATIVE.

        ``(a) <<NOTE: Assessments.>>  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;

    [[Page 135 STAT. 1068]]

                ``(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. <<NOTE: 42 USC 18811.>>  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,

    [[Page 135 STAT. 1069]]

            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. <<NOTE: 42 USC 18812.>>  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. <<NOTE: 42 USC 18813.>>  LEVERAGING SMART
                                MANUFACTURING INFRASTRUCTURE AT
                                NATIONAL LABORATORIES.

        (a) Study.--
                (1) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 1070]]

                (2) Inclusions.--In identifying ways to increase access to
            National Laboratories under paragraph (1), the Secretary shall--
                        (A) focus on increasing access to the computing
                    facilities of the National Laboratories; and
                        (B) ensure that--
                              (i) the information from the manufacturer is
                          protected; and
                              (ii) the security of the National Laboratory
                          facility is maintained.
                (3) Report.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            report describing the results of the study.

        (b) Actions for Increased Access.--The Secretary shall facilitate
    access to the National Laboratories studied under subsection (a) for
    small and medium manufacturers so that small and medium manufacturers
    can fully use the high-performance computing resources of the National
    Laboratories to enhance the manufacturing competitiveness of the United
    States.
    SEC. 40534. <<NOTE: 42 USC 18814.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Time period.>> 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--

    [[Page 135 STAT. 1071]]

                (1) <<NOTE: Determination.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 42 USC 18815.>>  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. <<NOTE: 42 USC 18831.>>  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;

    [[Page 135 STAT. 1072]]

                        (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) <<NOTE: Assessment.>> 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) <<NOTE: Plan.>> 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) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  An assessment of the
                    expected energy efficiency, energy savings, and safety
                    benefits of the energy improvements.
                        (G) <<NOTE: Cost estimate.>>  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

    [[Page 135 STAT. 1073]]

                    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) <<NOTE: Determination.>> 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

    [[Page 135 STAT. 1074]]

            than 5 percent of the grant amounts for operation and
            maintenance training for energy efficiency and renewable energy
            improvements, such as maintenance staff and teacher training,
            education, and preventative maintenance training.
                (3) Third-party investigation and analysis.--An eligible
            entity receiving a grant under this section may use a portion of
            the grant amounts for a third-party investigation and analysis
            of the energy improvements carried out by the eligible entity,
            such as energy audits and existing building commissioning.
                (4) Continuing education.--An eligible entity receiving a
            grant under this section may use not more than 3 percent of the
            grant amounts to develop a continuing education curriculum
            relating to energy improvements.

        (g) Competition in Contracting.--If an eligible entity receiving a
    grant under this section uses grant funds to carry out repair or
    renovation through a contract, the eligible entity shall be required to
    ensure that the contract process--
                (1) through full and open competition, ensures the maximum
            practicable number of qualified bidders, including small,
            minority, and women-owned businesses; and
                (2) gives priority to businesses located in, or resources
            common to, the State or geographical area in which the repair or
            renovation under the contract will be carried out.

        (h) <<NOTE: Publication. Guidelines.>> 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) <<NOTE: Time period.>>  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. <<NOTE: Grants. 42 USC 18832.>>  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

    [[Page 135 STAT. 1075]]

                    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) <<NOTE: Deadline.>>  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) <<NOTE: Determination. Applicability.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 6861 note.>>  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

    [[Page 135 STAT. 1076]]

    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. <<NOTE: 42 USC 18841.>>  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) <<NOTE: Appointments.>> 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.

    [[Page 135 STAT. 1077]]

        (b) Survey and Analysis.--
                (1) In general.--The Council shall--
                        (A) conduct a survey of employers in the energy,
                    energy efficiency, and motor vehicle sectors of the
                    economy of the United States; and
                        (B) perform an analysis of the employment figures
                    and demographics in those sectors, including the number
                    of personnel in each sector who devote a substantial
                    portion of working hours, as determined by the
                    Secretary, to regulatory compliance matters.
                (2) Methodology.--In conducting the survey and analysis
            under paragraph (1), the Council shall employ a methodology
            that--
                        (A) was approved in 2016 by the Office of Management
                    and Budget for use in the document entitled ``OMB
                    Control Number 1910-5179'';
                        (B) uses a representative, stratified sampling of
                    businesses in the United States; and
                        (C) is designed to elicit a comparable number of
                    responses from businesses in each State and with the
                    same North American Industry Classification System codes
                    as were received for the 2016 and 2017 reports entitled
                    ``U.S. Energy and Employment Report''.
                (3) Consultation.--In conducting the survey and analysis
            under paragraph (1), the Council shall consult with key
            stakeholders, including--
                        (A) as the Council determines to be appropriate, the
                    heads of relevant Federal agencies and offices,
                    including--
                              (i) the Secretary of Commerce;
                              (ii) the Secretary of Transportation;
                              (iii) the Director of the Bureau of the
                          Census;
                              (iv) the Commissioner of the Bureau of Labor
                          Statistics; and
                              (v) the Administrator of the Environmental
                          Protection Agency;
                        (B) States;
                        (C) the State Energy Advisory Board established by
                    section 365(g) of the Energy Policy and Conservation Act
                    (42 U.S.C. 6325(g)); and
                        (D) energy industry trade associations.

        (c) Report.--
                (1) <<NOTE: Public information. Web posting.>> 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.--

    [[Page 135 STAT. 1078]]

                        (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. <<NOTE: Appropriation authorization.>>  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. <<NOTE: Appropriation authorization. Time period.>>
                                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. <<NOTE: 42 USC 18842.>>  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

    [[Page 135 STAT. 1079]]

                    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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Deadline. Consultation.>>  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;

    [[Page 135 STAT. 1080]]

                        (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

    [[Page 135 STAT. 1081]]

                              ``(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) <<NOTE: Deadline.>>  Establishment.--Not later than 60
            days after the date of enactment of the Infrastructure
            Investment and Jobs Act, the Secretary shall establish a program
            to plug, remediate, and reclaim orphaned wells located on
            Federal land.
                ``(2) Included activities.--The program under this
            subsection shall--
                        ``(A) include a method of--
                              ``(i) identifying, characterizing, and
                          inventorying orphaned wells and associated
                          pipelines, facilities, and infrastructure on
                          Federal land; and
                              ``(ii) ranking those orphaned wells for
                          priority in plugging, remediation, and
                          reclamation, based on--
                                        ``(I) public health and safety;
                                        ``(II) potential environmental harm;
                                    and
                                        ``(III) other subsurface impacts or
                                    land use priorities;
                        ``(B) distribute funding in accordance with the
                    priorities established under subparagraph (A)(ii) for--
                              ``(i) plugging orphaned wells;
                              ``(ii) remediating and reclaiming well pads
                          and facilities associated with orphaned wells;
                              ``(iii) remediating soil and restoring native
                          species habitat that has been degraded due to the
                          presence of orphaned wells and associated
                          pipelines, facilities, and infrastructure; and
                              ``(iv) remediating land adjacent to orphaned
                          wells and decommissioning or removing associated
                          pipelines, facilities, and infrastructure;
                        ``(C) <<NOTE: Public information.>> provide a public
                    accounting of the costs of plugging, remediation, and
                    reclamation for each orphaned well;
                        ``(D) <<NOTE: Determination.>> 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

    [[Page 135 STAT. 1082]]

                        ``(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) <<NOTE: Review.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Public information. Web
                          posting.>> 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-

    [[Page 135 STAT. 1083]]

                          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) <<NOTE: Deadline.>>  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) <<NOTE: Estimate.>> an
                                    estimate of the number of jobs that will
                                    be created or saved through the
                                    activities proposed to be funded; and
                                        ``(II) <<NOTE: Certification.>>  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) <<NOTE: Certification.>>
                                    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) <<NOTE: Deadline.>>  Distribution.--Subject to
                    the availability of appropriations, the Secretary shall
                    distribute funds to a State under this paragraph by not
                    later than the date

    [[Page 135 STAT. 1084]]

                    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) <<NOTE: Reimbursement.>>  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) <<NOTE: Deadline. Notice.>>
                          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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Public
                          information. Web posting.>>  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

    [[Page 135 STAT. 1085]]

                                    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) <<NOTE: Estimates.>>  an estimate of--
                                        ``(I) the number of orphaned wells
                                    in the State that will be plugged,
                                    remediated, or reclaimed;
                                        ``(II) the projected cost of--
                                                ``(aa) plugging,
                                            remediating, or reclaiming
                                            orphaned wells;
                                                ``(bb) remediating or
                                            reclaiming adjacent land; and
                                                ``(cc) decommissioning or
                                            removing associated pipelines,
                                            facilities, and infrastructure;
                                        ``(III) the amount of that projected
                                    cost that will be offset by the
                                    forfeiture of financial assurance
                                    instruments, the estimated salvage of
                                    well site equipment, or other proceeds
                                    from the orphaned wells and adjacent
                                    land;
                                        ``(IV) the number of jobs that will
                                    be created or saved through the
                                    activities to be funded under this
                                    paragraph; and
                                        ``(V) the amount of funds to be
                                    spent on administrative costs;
                              ``(iii) <<NOTE: Certification.>> 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) <<NOTE: Reimbursement.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1086]]

                              ``(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) <<NOTE: Deadline.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Time periods. Criteria.>> 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

    [[Page 135 STAT. 1087]]

                                    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.-- <<NOTE: Time period.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 1088]]

        ``(d) Tribal <<NOTE: Grants.>>  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) <<NOTE: Public information. Web
                          posting.>> 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

    [[Page 135 STAT. 1089]]

                          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) <<NOTE: Estimates.>>  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) <<NOTE: Deadline.>> Distribution.--Subject to the
            availability of appropriations, the Secretary shall distribute
            funds to an Indian Tribe under this subsection by not later than
            the date that is 60 days after the date on which the Indian
            Tribe submits to the Secretary a completed application under
            paragraph (4).
                ``(6) Deadline for expenditure.--An Indian Tribe that
            receives funds under this subsection shall reimburse the
            Secretary in an amount equal to the amount of the funds that
            remain unobligated on the date that is 5 years after the date of
            receipt of the funds, except for cases in which the Secretary
            has granted the Indian Tribe an extended deadline for completion
            of the eligible activities after consultation.
                ``(7) Delegation to secretary in lieu of a grant.--
                        ``(A) In general.--In lieu of a grant under this
                    subsection, an Indian Tribe may submit to the Secretary
                    a request for the Secretary to administer and carry out
                    plugging, remediation, and reclamation activities
                    relating to an orphaned well on behalf of the Indian
                    Tribe.
                        ``(B) Administration.--Subject to the availability
                    of appropriations under subsection (h)(1)(E), on
                    submission of a request under subparagraph (A), the
                    Secretary shall administer or carry out plugging,
                    remediation, and reclamation activities for an orphaned
                    well on Tribal land.

        ``(e) Technical Assistance.--The Secretary of Energy, in cooperation
    with the Secretary and the Interstate Oil and Gas Compact Commission,
    shall provide technical assistance to the Federal land management
    agencies and oil and gas producing States and Indian Tribes to support
    practical and economical remedies for environmental problems caused by
    orphaned wells on Federal land, Tribal land, and State and private land,
    including the sharing of best practices in the management of oil and gas
    well inventories to ensure the availability of funds to plug, remediate,
    and restore oil and gas well sites on cessation of operation.
        ``(f) Report to Congress.--Not later than 1 year after the date of
    enactment of the Infrastructure Investment and Jobs Act, and not less
    frequently than annually thereafter, the Secretary shall submit to the
    Committees on Appropriations and Energy and Natural Resources of the
    Senate and the Committees on Appropriations and Natural Resources of the
    House of Representatives

    [[Page 135 STAT. 1090]]

    a report describing the program established and grants awarded under
    this section, including--
                ``(1) <<NOTE: Inventory.>>  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

    [[Page 135 STAT. 1091]]

                        ``(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. <<NOTE: Grants. 30 USC 1231a.>>  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

    [[Page 135 STAT. 1092]]

            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) <<NOTE: Deadline.>> Evaluation.--Not later than
                    20 years after the date of enactment of this Act, the
                    Secretary of the Interior shall evaluate grant payments
                    to States and Indian Tribes made under this section.
                        (B) Unused funds.--On completion of the evaluation
                    under subparagraph (A), States and Indian Tribes shall
                    return any unused funds under this section to the
                    Abandoned Mine Reclamation Fund.

        (e) Total Amount of Grant.--The total amount of grant funding
    provided under subsection (b)(1) to an eligible State or Indian Tribe
    shall be not less than $20,000,000, to the extent that the amount needed
    for reclamation projects described in that subsection on the land of the
    State or Indian Tribe is not less than $20,000,000.
        (f) Priority.--In addition to the priorities described in section
    403(a) of the Surface Mining Control and Reclamation Act of 1977 (30
    U.S.C. 1233(a)), in providing grants under this section, priority may
    also be given to reclamation projects described in subsection (b)(1)
    that provide employment for current and former employees of the coal
    industry.
        (g) Reservation.--Of the funds made available under subsection (a),
    $25,000,000 shall be made available to the Secretary of the Interior to
    provide States and Indian Tribes with the financial and technical
    assistance necessary for the purpose of making amendments to the
    inventory maintained under section 403(c) of the Surface Mining Control
    and Reclamation Act of 1977 (30 U.S.C. 1233(c)).
    SEC. 40702. ABANDONED MINE RECLAMATION FEE.

        (a) Amount.--Section 402(a) of the Surface Mining Control and
    Reclamation Act of 1977 (30 U.S.C. 1232(a)) is amended--
                (1) by striking ``28 cents'' and inserting ``22.4 cents'';
                (2) by striking ``12 cents'' and inserting ``9.6 cents'';
            and

    [[Page 135 STAT. 1093]]

                (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. <<NOTE: Inventory. Assessment. Grants. 30 USC 1245.>>
                                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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1094]]

            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. <<NOTE: 16 USC 538a.>>  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;

    [[Page 135 STAT. 1095]]

                ``(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) <<NOTE: Contracts.>> 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

    [[Page 135 STAT. 1096]]

                          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) <<NOTE: Web posting.>>  publish on the website
                    of the Forest Service--
                              ``(i) the selection process established under
                          subparagraph (A); and
                              ``(ii) <<NOTE: List.>>  a list that includes a
                          description and the proposed outcome of each
                          project funded under the Program in each fiscal
                          year.

        ``(d) Implementation.--In implementing the Program, the Secretary
    shall ensure that--
                ``(1) the system of roads and trails on the applicable unit
            of the National Forest System--
                        ``(A) is adequate to meet any increasing demands for
                    timber, recreation, and other uses;
                        ``(B) provides for intensive use, protection,
                    development, and management of the land under principles
                    of multiple use and sustained yield of products and
                    services;
                        ``(C) does not damage, degrade, or impair adjacent
                    resources, including aquatic and wildlife resources, to
                    the extent practicable;
                        ``(D) reflects long-term funding expectations; and
                        ``(E) is adequate for supporting emergency
                    operations, such as evacuation routes during wildfires,
                    floods, and other natural disasters; and
                ``(2) all projects funded under the Program are consistent
            with any applicable forest plan or travel management plan.

        ``(e) Savings Clause.--A decision to fund a project under the
    Program shall not affect any determination made previously or to be made
    in the future by the Secretary with regard to road or trail closures.''.
        (b) <<NOTE: Time period.>> 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

    [[Page 135 STAT. 1097]]

    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) <<NOTE: Recommenda- tions.>> 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. <<NOTE: 16 USC 6592.>>  WILDFIRE RISK REDUCTION.

        (a) <<NOTE: Time period.>>  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) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 1098]]

                (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) <<NOTE: Publication. Deadline. Time period.>> $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) <<NOTE: Contracts. Data.>> $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;

    [[Page 135 STAT. 1099]]

                        (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) <<NOTE: Coordination.>> to facilitate
                    coordination and use of existing and future interagency
                    fuel treatment data, including geographic data, for the
                    purposes of--
                              (i) <<NOTE: Assessment.>> 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) <<NOTE: Reports. Time period.>> 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) <<NOTE: Grants.>> $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);

    [[Page 135 STAT. 1100]]

                (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) <<NOTE: Contracts.>>  $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) <<NOTE: Deadline.>> $200,000,000 shall be made
            available for post-fire restoration activities that are
            implemented not later than 3 years after the date that a
            wildland fire is contained, of which--
                        (A) $100,000,000 shall be made available to the
                    Secretary of the Interior; and
                        (B) $100,000,000 shall be made available to the
                    Secretary of Agriculture;
                (17) $8,000,000 shall be made available to the Secretary of
            Agriculture--
                        (A) to provide feedstock to firewood banks; and
                        (B) to provide financial assistance for the
                    operation of firewood banks; and
                (18) <<NOTE: Contracts.>>  $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) <<NOTE: Deadline. Coordination.>> 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--

    [[Page 135 STAT. 1101]]

                        ``(A) <<NOTE: Determination.>> 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) <<NOTE: Regulations.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Coordination. Determination.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>>  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 <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> provide up to 5 years of
            additional funding of any proposal originally selected for
            funding under the Program prior to September 30, 2018--

    [[Page 135 STAT. 1102]]

                        (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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>>  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--

    [[Page 135 STAT. 1103]]

                              (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) <<NOTE: Determination.>> 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.

    [[Page 135 STAT. 1104]]

        (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) <<NOTE: Deadline.>>  In general.--Not later than 180
            days after the date of enactment of this Act, the Secretary of
            Agriculture shall initiate a study of the construction and
            maintenance of a system of strategically placed fuelbreaks to
            control wildfires in western States.
                (2) Review.--The study under paragraph (1) shall review--
                        (A) a full suite of manual, chemical, and mechanical
                    treatments; and
                        (B) the effectiveness of the system described in
                    that paragraph in reducing wildfire risk and protecting
                    communities.
                (3) <<NOTE: Deadline.>>  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) <<NOTE: Deadlines. Time period.>>  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

    [[Page 135 STAT. 1105]]

                          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) <<NOTE: Coordination. Publication.>>  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) <<NOTE: Time period.>>  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. <<NOTE: 16 USC 6592a.>>  ECOSYSTEM RESTORATION.

        (a) <<NOTE: Time period.>>  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) <<NOTE: Contracts.>> 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);

    [[Page 135 STAT. 1106]]

                              (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) <<NOTE: Grants.>>  $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) <<NOTE: Grants.>>  $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;

    [[Page 135 STAT. 1107]]

                (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) <<NOTE: Coordination. Water.>>  $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) <<NOTE: Deadline.>> 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) <<NOTE: Cost estimate.>>  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) <<NOTE: President.>> 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) <<NOTE: Coordination.>>  Wood Products Infrastructure.--The
    Secretary of Agriculture, in coordination with the Secretary of the
    Interior, shall--
                (1) develop a ranking system that categorizes units of
            Federal land, including Indian forest land or rangeland, with
            regard to treating areas at risk of unnaturally severe wildfire
            or insect or disease infestation, as being--
                        (A) very low priority for ecological restoration
                    involving vegetation removal;
                        (B) low priority for ecological restoration
                    involving vegetation removal;
                        (C) medium priority for ecological restoration
                    involving vegetation removal;
                        (D) high priority for ecological restoration
                    involving vegetation removal; or
                        (E) very high priority for ecological restoration
                    involving vegetation removal;

    [[Page 135 STAT. 1108]]

                (2) <<NOTE: Determination.>> 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) <<NOTE: Determination.>> 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

    [[Page 135 STAT. 1109]]

                              (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) <<NOTE: Contracts.>> 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 <<NOTE: Deadline. Coordination. Time
    periods.>>  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) <<NOTE: Publication. List.>>  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.

    [[Page 135 STAT. 1110]]

    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. <<NOTE: 16 USC 6592b.>>  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) <<NOTE: Records. Memorandum.>> 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;

    [[Page 135 STAT. 1111]]

                        (C) piling, yarding, and removal of slash or
                    hazardous fuels;
                        (D) selling of vegetation products, including
                    timber, firewood, biomass, slash, and fenceposts;
                        (E) targeted grazing;
                        (F) application of--
                              (i) pesticide;
                              (ii) biopesticide; or
                              (iii) herbicide;
                        (G) seeding of native species;
                        (H) controlled burns and broadcast burning; and
                        (I) burning of piles, including jackpot piles.
                (3) Excluded activities.--A forest management activity
            described in paragraph (2) may not be carried out pursuant to
            the categorical exclusion established under subsection (b) if
            the activity is conducted--
                        (A) in a component of the National Wilderness
                    Preservation System;
                        (B) on Federal land on which the removal of
                    vegetation is prohibited or restricted by Act of
                    Congress, Presidential proclamation (including the
                    applicable implementation plan), or regulation;
                        (C) in a wilderness study area; or
                        (D) in an area in which carrying out the activity
                    would be inconsistent with the applicable land
                    management plan or resource management plan.
                (4) <<NOTE: Applicability. Determination.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 1112]]

        (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. <<NOTE: 16 USC 6592c.>>  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

    [[Page 135 STAT. 1113]]

            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 <<NOTE: Determination. Study.>> 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

    [[Page 135 STAT. 1114]]

    the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6515) and section
    428 of the Department of the Interior, Environment, and Related Agencies
    Appropriations Act, 2012 (16 U.S.C. 6515 note; Public Law 112-74).
        (e) Judicial Review of Emergency Actions.--A court shall not enjoin
    an authorized emergency action under this section if the court
    determines that the plaintiff is unable to demonstrate that the claim of
    the plaintiff is likely to succeed on the merits.
        (f) Notification and Guidance.--The Secretary shall provide
    notification and guidance to each local field office of the Forest
    Service to ensure awareness of, compliance with, and appropriate use of
    the authorized emergency action authority under this section.
    SEC. 40808. <<NOTE: 16 USC 6592d.>>  JOINT CHIEFS LANDSCAPE
                                RESTORATION PARTNERSHIP PROGRAM.

        (a) Definitions.--In this section:
                (1) Chiefs.--The term ``Chiefs'' means the Chief of the
            Forest Service and the Chief of the Natural Resources
            Conservation Service.
                (2) Eligible activity.--The term ``eligible activity'' means
            an activity--
                        (A) to reduce the risk of wildfire;
                        (B) to protect water quality and supply; or
                        (C) to improve wildlife habitat for at-risk species.
                (3) Program.--The term ``Program'' means the Joint Chiefs
            Landscape Restoration Partnership program established under
            subsection (b)(1).
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of Agriculture.
                (5) Wildland-urban interface.--The term ``wildland-urban
            interface'' has the meaning given the term in section 101 of the
            Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

        (b) Establishment.--
                (1) In general.--The Secretary shall establish a Joint
            Chiefs Landscape Restoration Partnership program to improve the
            health and resilience of forest landscapes across National
            Forest System land and State, Tribal, and private land.
                (2) <<NOTE: Coordination.>>  Administration.--The Secretary
            shall administer the Program by coordinating eligible activities
            conducted on National Forest System land and State, Tribal, or
            private land across a forest landscape to improve the health and
            resilience of the forest landscape by--
                        (A) assisting producers and landowners in
                    implementing eligible activities on eligible private or
                    Tribal land using the applicable programs and
                    authorities administered by the Chief of the Natural
                    Resources Conservation Service under title XII of the
                    Food Security Act of 1985 (16 U.S.C. 3801 et seq.), not
                    including the conservation reserve program established
                    under subchapter B of chapter 1 of subtitle D of that
                    title (16 U.S.C. 3831 et seq.); and
                        (B) conducting eligible activities on National
                    Forest System land or assisting landowners in
                    implementing eligible activities on State, Tribal, or
                    private land using the applicable programs and
                    authorities administered by the Chief of the Forest
                    Service.

    [[Page 135 STAT. 1115]]

        (c) Selection of Eligible Activities.--The appropriate Regional
    Forester and State Conservationist shall jointly submit to the Chiefs on
    an annual basis proposals for eligible activities under the Program.
        (d) Evaluation Criteria.--In evaluating and selecting proposals
    submitted under subsection (c), the Chiefs shall consider--
                (1) criteria including whether the proposal--
                        (A) reduces wildfire risk in a municipal watershed
                    or the wildland-urban interface;
                        (B) was developed through a collaborative process
                    with participation from diverse stakeholders;
                        (C) increases forest workforce capacity or forest
                    business infrastructure and development;
                        (D) leverages existing authorities and non-Federal
                    funding;
                        (E) provides measurable outcomes; or
                        (F) supports established State and regional
                    priorities; and
                (2) such other criteria relating to the merits of the
            proposals as the Chiefs determine to be appropriate.

        (e) Outreach.--The Secretary shall provide--
                (1) <<NOTE: Public information. Web posting.>> public notice
            on the websites of the Forest Service and the Natural Resources
            Conservation Service describing--
                        (A) <<NOTE: Proposals.>>  the solicitation of
                    proposals under subsection (c); and
                        (B) <<NOTE: Criteria.>>  the criteria for selecting
                    proposals in accordance with subsection (d); and
                (2) information relating to the Program and activities
            funded under the Program to States, Indian Tribes, units of
            local government, and private landowners.

        (f) Exclusions.--An eligible activity may not be carried out under
    the Program--
                (1) in a wilderness area or designated wilderness study
            area;
                (2) in an inventoried roadless area;
                (3) on any Federal land on which, by Act of Congress or
            Presidential proclamation, the removal of vegetation is
            restricted or prohibited; or
                (4) in an area in which the eligible activity would be
            inconsistent with the applicable land and resource management
            plan.

        (g) Accountability.--
                (1) <<NOTE: Recommenda- tions.>> Initial report.--Not later
            than 1 year after the date of enactment of this Act, the
            Secretary shall submit to Congress a report providing
            recommendations to Congress relating to the Program, including a
            review of--
                        (A) funding mechanisms for the Program;
                        (B) staff capacity to carry out the Program;
                        (C) privacy laws applicable to the Program;
                        (D) data collection under the Program;
                        (E) monitoring and outcomes under the Program; and
                        (F) such other matters as the Secretary considers to
                    be appropriate.
                (2) Additional reports.--For each of fiscal years 2022 and
            2023, the Chiefs shall submit to the Committee on Agriculture,
            Nutrition, and Forestry and the Committee on Appropriations of
            the Senate and the Committee on Agriculture and

    [[Page 135 STAT. 1116]]

            the Committee on Appropriations of the House of Representatives
            a report describing projects for which funding is provided under
            the Program, including the status and outcomes of those
            projects.

        (h) Funding.--
                (1) <<NOTE: Time period.>>  Authorization of
            appropriations.--There is authorized to be appropriated to the
            Secretary to carry out the Program $90,000,000 for each of
            fiscal years 2022 and 2023.
                (2) Additional funds.--In addition to the funds described in
            paragraph (1), the Secretary may obligate available funds from
            accounts used to carry out the existing Joint Chiefs' Landscape
            Restoration Partnership prior to the date of enactment of this
            Act to carry out the Program.
                (3) Duration of availability.--Funds made available under
            paragraph (1) shall remain available until expended.
                (4) Distribution of funds.--Of the funds made available
            under paragraph (1)--
                        (A) not less than 40 percent shall be allocated to
                    carry out eligible activities through the Natural
                    Resources Conservation Service;
                        (B) not less than 40 percent shall be allocated to
                    carry out eligible activities through the Forest
                    Service; and
                        (C) the remaining funds shall be allocated by the
                    Chiefs to the Natural Resources Conservation Service or
                    the Forest Service--
                              (i) to carry out eligible activities; or
                              (ii) for other purposes, such as technical
                          assistance, project development, or local capacity
                          building.

                     TITLE IX--WESTERN WATER INFRASTRUCTURE

    SEC. 40901. <<NOTE: Time period. 43 USC 3201.>>  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);

    [[Page 135 STAT. 1117]]

                (3) $1,000,000,000 for rural water projects that have been
            authorized by an Act of Congress before July 1, 2021, in
            accordance with the Reclamation Rural Water Supply Act of 2006
            (43 U.S.C. 2401 et seq.);
                (4) $1,000,000,000 for water recycling and reuse projects,
            of which--
                        (A) $550,000,000 shall be made available for water
                    recycling and reuse projects authorized in accordance
                    with the Reclamation Wastewater and Groundwater Study
                    and Facilities Act (43 U.S.C. 390h et seq.) that are--
                              (i) authorized or approved for construction
                          funding by an Act of Congress before the date of
                          enactment of this Act; or
                              (ii) selected for funding under the
                          competitive grant program authorized pursuant to
                          section 1602(f) of the Reclamation Wastewater and
                          Groundwater Study and Facilities Act (43 U.S.C.
                          390h(f)), with funding under this subparagraph to
                          be provided in accordance with that section,
                          notwithstanding section 4013 of the Water
                          Infrastructure Improvements for the Nation Act (43
                          U.S.C. 390b note; Public Law 114-322), except that
                          section 1602(g)(2) of the Reclamation Wastewater
                          and Groundwater Study and Facilities Act (43
                          U.S.C. 390h(g)(2)) shall not apply to amounts made
                          available under this subparagraph; and
                        (B) $450,000,000 shall be made available for large-
                    scale water recycling and reuse projects in accordance
                    with section 40905;
                (5) $250,000,000 for water desalination projects and studies
            authorized in accordance with the Water Desalination Act of 1996
            (42 U.S.C. 10301 note; Public Law 104-298) that are--
                        (A) authorized or approved for construction funding
                    by an Act of Congress before July 1, 2021; or
                        (B) selected for funding under the program
                    authorized pursuant to section 4(a) of the Water
                    Desalination Act of 1996 (42 U.S.C. 10301 note; Public
                    Law 104-298), with funding to be made available under
                    this paragraph in accordance with that subsection,
                    notwithstanding section 4013 of the Water Infrastructure
                    Improvements for the Nation Act (43 U.S.C. 390b note;
                    Public Law 114-322), except that paragraph (2)(F) of
                    section 4(a) of the Water Desalination Act of 1996 (42
                    U.S.C. 10301 note; Public Law 104-298) (as redesignated
                    by section 40908) shall not apply to amounts made
                    available under this paragraph;
                (6) $500,000,000 for the safety of dams program, in
            accordance with the Reclamation Safety of Dams Act of 1978 (43
            U.S.C. 506 et seq.);
                (7) $400,000,000 for WaterSMART grants in accordance with
            section 9504 of the Omnibus Public Land Management Act of 2009
            (42 U.S.C. 10364), of which $100,000,000 shall be made available
            for projects that would improve the condition of a natural
            feature or nature-based feature (as those terms are defined in
            section 9502 of the Omnibus Public Land Management Act of 2009
            (42 U.S.C. 10362));
                (8) subject to section 40906, $300,000,000 for implementing
            the Colorado River Basin Drought Contingency Plan, consistent
            with the obligations of the Secretary under the Colorado River

    [[Page 135 STAT. 1118]]

            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. <<NOTE: 43 USC 3202.>>  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) <<NOTE: Arizona.>> The Verde Reservoirs
                          Sediment Mitigation Project in the State of
                          Arizona.
                              (ii) <<NOTE: Oregon.>>  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--

    [[Page 135 STAT. 1119]]

                              (i) <<NOTE: Time period.>>  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) <<NOTE: Recommenda- tion.>>  recommends
                          the project for construction.

        (b) Cost-sharing Requirement.--
                (1) In general.--The Federal share--
                        (A) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Compliance.>>  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. <<NOTE: 43 USC 3203.>>  SMALL WATER STORAGE AND
                                GROUNDWATER STORAGE PROJECTS.

        (a) Establishment of a Competitive Grant Program for Small Water
    Storage and Groundwater Storage Projects.--The
    Secretary <<NOTE: Alaska. Hawaii. Determination.>> shall establish a
    competitive grant program, under

    [[Page 135 STAT. 1120]]

    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) <<NOTE: Study.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Determination.>> In general.--The non-
                    Federal project sponsor of any project determined by the
                    Secretary to be feasible

    [[Page 135 STAT. 1121]]

                    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) <<NOTE: Determination.>>  Required
                    determination.--Prior to awarding grants to a small
                    storage project, the Secretary shall determine whether
                    there is sufficient non-Federal funding available to
                    complete the project.
                (5) <<NOTE: Criteria.>>  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) <<NOTE: Compliance.>>  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. <<NOTE: 43 USC 3204.>>  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) <<NOTE: Effective date.>>  construction of the
                    reserved or transferred work began on or before January
                    1, 1915; and
                        (B) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 1122]]

            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) <<NOTE: Effective date.>>  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) <<NOTE: Determination.>> 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. <<NOTE: 43 USC 3205.>>  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

    [[Page 135 STAT. 1123]]

                (5) provides a Federal benefit in accordance with the
            reclamation laws.

        (d) <<NOTE: Determinations.>>  Project Evaluation.--The Secretary
    may provide a grant to an eligible project under the program if--
                (1) <<NOTE: Study.>> 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) <<NOTE: Deadline.>>  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.);

    [[Page 135 STAT. 1124]]

                        (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) <<NOTE: Compliance.>> 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) <<NOTE: Deadline.>>  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) <<NOTE: Web posting.>>  Annual report.--At the end of
            each fiscal year, the Secretary shall make available on the
            website of the Department of the Interior an annual report that
            lists each eligible project for which a grant has been awarded
            under this section during the fiscal year.
                (2) Comptroller general.--
                        (A) Assessment.--The Comptroller General of the
                    United States shall conduct an assessment of the
                    administrative establishment, solicitation, selection,
                    and justification process with respect to the funding of
                    grants under this section.
                        (B) Report.--Not later than 1 year after the date of
                    the initial award of grants under this section, the
                    Comptroller General shall submit to the Committee on
                    Energy and Natural Resources of the Senate and the
                    Committee on Natural Resources of the House of
                    Representatives a report that describes--
                              (i) the adequacy and effectiveness of the
                          process by which each eligible project was
                          selected, if applicable; and
                              (ii) the justification and criteria used for
                          the selection of each eligible project, if
                          applicable.

        (j) Treatment of Conveyance.--The Secretary shall consider the
    planning, design, and construction of a conveyance system for an
    eligible project to be eligible for grant funding under the program.
        (k) Termination of Authority.--The authority to carry out this
    section terminates on the date that is 5 years after the date of
    enactment of this Act.
    SEC. 40906. <<NOTE: 43 USC 3206.>>  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.

    [[Page 135 STAT. 1125]]

        (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. <<NOTE: 43 USC 3207.>>  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) <<NOTE: Deadline. Consultation.>>  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

    [[Page 135 STAT. 1126]]

            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) <<NOTE: 42 USC 802 note.>>  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. <<NOTE: 43 USC 3208.>>  FEDERAL ASSISTANCE FOR
                                GROUNDWATER RECHARGE, AQUIFER STORAGE,
                                AND WATER SOURCE SUBSTITUTION
                                PROJECTS.

        (a) <<NOTE: Coordination.>>  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).

    [[Page 135 STAT. 1127]]

        (e) <<NOTE: Compliance.>>  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 <<NOTE: Time periods.>> 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.''.

    [[Page 135 STAT. 1128]]

                (2) Nuclear energy university program funding.--Section
            954(a)(6) of the Energy Policy Act of 2005 (42 U.S.C.
            16274(a)(6)) is amended by inserting ``, excluding funds
            appropriated for the Advanced Reactor Demonstration Program of
            the Department,'' after ``annually''.
    SEC. 41003. MINERAL SECURITY PROJECTS.

        (a) National Geological and Geophysical Data Preservation Program.--
    There are authorized to be appropriated to the Secretary of the Interior
    to carry out activities under section 351 of the Energy Policy Act of
    2005 (42 U.S.C. 15908)--
                (1) $8,668,000 for fiscal year 2022; and
                (2) $5,000,000 for each of fiscal years 2023 through 2025.

        (b) Rare Earth Mineral Security.--There are authorized to be
    appropriated to the Secretary to carry out activities under section
    7001(a) of the Energy Act of 2020 (42 U.S.C. 13344(a))--
                (1) $23,000,000 for fiscal year 2022;
                (2) $24,200,000 for fiscal year 2023;
                (3) $25,400,000 for fiscal year 2024;
                (4) $26,600,000 for fiscal year 2025; and
                (5) $27,800,000 for fiscal year 2026.

        (c) Critical Material Innovation, Efficiency, and Alternatives.--
    There are authorized to be appropriated to the Secretary to carry out
    activities under section 7002(g) of the Energy Act of 2020 (30 U.S.C.
    1606(g))--
                (1) $230,000,000 for fiscal year 2022;
                (2) $100,000,000 for fiscal year 2023; and
                (3) $135,000,000 for each of fiscal years 2024 and 2025.

        (d) Critical Material Supply Chain Research Facility.--There are
    authorized to be appropriated to the Secretary to carry out activities
    under section 7002(h) of the Energy Act of 2020 (30 U.S.C. 1606(h))--
                (1) $40,000,000 for fiscal year 2022; and
                (2) $35,000,000 for fiscal year 2023.
    SEC. 41004. CARBON CAPTURE DEMONSTRATION AND PILOT PROGRAMS.

        (a) Carbon Capture Large-scale Pilot Projects.--There are authorized
    to be appropriated to the Secretary to carry out activities under
    section 962(b)(2)(B) of the Energy Policy Act of 2005 (42 U.S.C.
    16292(b)(2)(B))--
                (1) $387,000,000 for fiscal year 2022;
                (2) $200,000,000 for fiscal year 2023;
                (3) $200,000,000 for fiscal year 2024; and
                (4) $150,000,000 for fiscal year 2025.

        (b) Carbon Capture Demonstration Projects Program.--There are
    authorized to be appropriated to the Secretary to carry out activities
    under section 962(b)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C.
    16292(b)(2)(C))--
                (1) $937,000,000 for fiscal year 2022;
                (2) $500,000,000 for each of fiscal years 2023 and 2024; and
                (3) $600,000,000 for fiscal year 2025.
    SEC. 41005. DIRECT AIR CAPTURE TECHNOLOGIES PRIZE COMPETITIONS.

        (a) Precommercial.--There is authorized to be appropriated to the
    Secretary to carry out activities under section 969D(e)(2)(A)

    [[Page 135 STAT. 1129]]

    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))--

    [[Page 135 STAT. 1130]]

                (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. <<NOTE: 42 USC 18851.>>  WAGE RATE REQUIREMENTS.

        (a) <<NOTE: Contracts. Determination.>>  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. <<NOTE: 42 USC 18861.>>  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) <<NOTE: Coordination.>> 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) <<NOTE: Evaluations.>> 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;

    [[Page 135 STAT. 1131]]

                (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) <<NOTE: Review.>> the review of each covered
                    project carried out under subsection (c)(5).
                (2) <<NOTE: Evaluation.>> 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) <<NOTE: Recommenda- tions.>> 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

    [[Page 135 STAT. 1132]]

    (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) <<NOTE: Time periods.>>  Definition of Full Funding Amount.--
    Section 3(11) of the Secure Rural Schools and Community Self-
    Determination Act of 2000 (16 U.S.C. 7102(11)) is amended by striking
    subparagraphs (D) and (E) and inserting the following:
                        ``(D) for fiscal year 2017, the amount that is equal
                    to 95 percent of the full funding amount for fiscal year
                    2015;
                        ``(E) for each of fiscal years 2018 through 2020,
                    the amount that is equal to 95 percent of the full
                    funding amount for the preceding fiscal year; and
                        ``(F) for fiscal year 2021 and each fiscal year
                    thereafter, the amount that is equal to the full funding
                    amount for fiscal year 2017.''.

        (b) <<NOTE: Time periods.>> 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) <<NOTE: Applicability.>> Geographic
                    limitation.--The regional pilot program shall only apply
                    to resource advisory committees chartered in--
                              ``(i) <<NOTE: Montana.>> the State of Montana;
                          and

    [[Page 135 STAT. 1133]]

                              ``(ii) <<NOTE: Arizona.>> the State of
                          Arizona.
                        ``(C) Responsibilities of applicable designee.--
                              ``(i) <<NOTE: Analysis.>>  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) <<NOTE: Nominations.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Applicability.>>  Geographic
                    limitation.--The national pilot program shall apply to a
                    resource advisory committee chartered in any State other
                    than--
                              ``(i) <<NOTE: Montana.>> the State of Montana;
                          or
                              ``(ii) <<NOTE: Arizona.>> 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

    [[Page 135 STAT. 1134]]

                              ``(ii) the requirements described in paragraph
                          (3)(C)(i) differ; and
                        ``(B) <<NOTE: Recommenda- tion.>>  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. <<NOTE: 16 USC 7143a.>>  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

    [[Page 135 STAT. 1135]]

                ``(B) <<NOTE: Determination.>> 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) <<NOTE: Effective date. Lobbying.>> 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-- <<NOTE: Drinking Water and Wastewater Infrastructure Act of
    2021.>> DRINKING WATER AND WASTEWATER INFRASTRUCTURE
    SEC. 50001. <<NOTE: 33 USC 1251 note.>>  SHORT TITLE.

        This division may be cited as the ``Drinking Water and Wastewater
    Infrastructure Act of 2021''.
    SEC. 50002. <<NOTE: 42 USC 300j-18a note.>>  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) <<NOTE: Deadline.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Determination.>> Requirement.--To the extent
            practicable, in carrying out subparagraph (A), the Administrator
            shall determine whether, in aggregate, community water systems
            and wastewater systems maintain asset management plans.'';
                (2) in subsection (b), in the first sentence--
                        (A) by inserting ``(including an emergency situation
                    resulting from a cybersecurity event)'' after
                    ``emergency situation''; and
                        (B) by inserting ``, including a threat to public
                    health resulting from contaminants, such as, but not
                    limited to,

    [[Page 135 STAT. 1136]]

                    heightened exposure to lead in drinking water'' after
                    ``public health'';
                (3) by striking subsection (d) and inserting the following:

        ``(d) <<NOTE: Time period.>> 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) <<NOTE: Time period.>>  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) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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

    [[Page 135 STAT. 1137]]

                    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

    [[Page 135 STAT. 1138]]

                              ``(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.

    [[Page 135 STAT. 1139]]

                        ``(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) <<NOTE: Certification.>>  Voluntary connection.--
            Before providing funds to an eligible individual for the costs
            described in paragraph (2), an eligible entity shall ensure and
            certify to the Administrator that--
                        ``(A) the eligible individual is voluntarily seeking
                    connection to the public water system;
                        ``(B) if the eligible entity is not the owner or
                    operator of the public water system to which the
                    eligible individual seeks to connect, the public water
                    system to which the eligible individual seeks to connect
                    has agreed to the connection; and
                        ``(C) the connection of the household of the
                    eligible individual to the public water system meets all
                    applicable local and State regulations, requirements,
                    and codes.
                ``(5) Report.--Not later than 3 years after the date of
            enactment of this subsection, the Administrator shall submit to
            Congress a report that describes the implementation of the
            program, which shall include a description of the use and
            deployment of amounts made available under the program.
                ``(6) Authorization of appropriations.--There is authorized
            to be appropriated to carry out the program $20,000,000 for each
            of fiscal years 2022 through 2026.''.

        (c) Competitive Grant Pilot Program.--Section 1459A of the Safe
    Drinking Water Act (42 U.S.C. 300j-19a) (as amended by subsection (b))
    is amended by adding at the end the following:
        ``(n) State Competitive Grants for Underserved Communities.--
                ``(1) In general.--In addition to amounts authorized to be
            appropriated under subsection (k), there is authorized to be
            appropriated to carry out subsections (a) through (j)
            $50,000,000 for each of fiscal years 2022 through 2026 in
            accordance with paragraph (2).
                ``(2) Competitive grants.--
                        ``(A) In general.--Notwithstanding any other
                    provision of this section, the Administrator shall
                    distribute amounts made available under paragraph (1) to
                    States through a competitive grant program.
                        ``(B) Applications.--To seek a grant under the
                    competitive grant program under subparagraph (A), a
                    State

    [[Page 135 STAT. 1140]]

                    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)--

    [[Page 135 STAT. 1141]]

                              (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--

    [[Page 135 STAT. 1142]]

                              ``(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. <<NOTE: 42 USC 300j-19f.>>  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.

    [[Page 135 STAT. 1143]]

        ``(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) <<NOTE: Proposal.>>  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) <<NOTE: Plan.>>  a description of how the improvements
            described in paragraph (3) will be maintained beyond the life of
            the proposed project, including a plan to maintain and update
            any asset data collected as a result of the proposed project;
            and
                ``(5) any additional information the Administrator may
            require.

        ``(d) <<NOTE: Records. Contracts.>>  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

    [[Page 135 STAT. 1144]]

                        ``(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. <<NOTE: 42 USC 300j-19g.>>  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) <<NOTE: Grants.>> 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

    [[Page 135 STAT. 1145]]

    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) <<NOTE: Proposal.>> 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

    [[Page 135 STAT. 1146]]

    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. <<NOTE: 42 USC 300j-19a note.>>  NEEDS ASSESSMENT FOR
                                NATIONWIDE RURAL AND URBAN LOW-INCOME
                                COMMUNITY WATER ASSISTANCE.

        (a) Definitions.--In this section and section 50109:
                (1) Community water system.--The term ``community water
            system'' has the meaning given the term in section 1401 of the
            Safe Drinking Water Act (42 U.S.C. 300f).
                (2) Large water service provider.--The term ``large water
            service provider'' means a community water system, treatment
            works, or municipal separate storm sewer system that serves more
            than 100,000 people.
                (3) Medium water service provider.--The term ``medium water
            service provider'' means a community water system, treatment
            works, or municipal separate storm sewer system that serves more
            than 10,000 people and not more than 100,000 people.
                (4) Need.--The term ``need'', with respect to a qualifying
            household, means the expenditure of a disproportionate amount of
            household income on access to public drinking water or
            wastewater services.
                (5) Qualifying household.--The term ``qualifying household''
            means a household that--
                        (A) includes an individual who is--
                              (i) the holder of an account for drinking
                          water or wastewater service that is provided to
                          that household by a large water service provider,
                          a medium water service provider, or a rural water
                          service provider; or
                              (ii) separately billed by a landlord that
                          holds an account with a large water service
                          provider, a medium water service provider, or a
                          rural water service provider for the cost of
                          drinking water or wastewater service provided to
                          that household by the respective large water
                          service provider, medium water service provider,
                          or rural water service provider; and

    [[Page 135 STAT. 1147]]

                        (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) <<NOTE: Determination.>>  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);

    [[Page 135 STAT. 1148]]

                        (E) <<NOTE: Determination.>>  a determination of the
                    prevalence of a lack of affordable access to water
                    services, as defined under subparagraph (C);
                        (F) <<NOTE: Criteria.>>  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) <<NOTE: Consultation.>>  with respect to the
                    development of the report, a consultation with all
                    relevant stakeholders, including rural advocacy
                    associations;
                        (I) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Contracts.>>  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) <<NOTE: Grants.>> 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.

    [[Page 135 STAT. 1149]]

                (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

    [[Page 135 STAT. 1150]]

            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) <<NOTE: Summary. Determination.>>  In general.--
                    In addition to any other applicable Federal or agency-
                    specific grant reporting requirements, as a condition of
                    receiving a grant under the pilot program, an eligible
                    entity (or a State, on behalf of an eligible entity)
                    shall submit to the Administrator an annual report that
                    summarizes, in a manner determined by the Administrator,
                    the use of grant funds by the eligible entity,
                    including--
                              (i) key features of the assistance provided by
                          the eligible entity;
                              (ii) sources of funding used to supplement
                          Federal funds; and
                              (iii) eligibility criteria.
                        (B) Publication.--The Administrator shall publish
                    each report submitted under subparagraph (A).

        (c) Technical Assistance.--The Administrator shall provide technical
    assistance to each eligible entity, and each State, on behalf of an
    eligible entity, that receives a grant under the pilot program to
    support implementation of the program.
        (d) Report.--Not later than 2 years after the date on which grant
    funds are first disbursed to an eligible entity (or a State, on behalf
    of an eligible entity) under the program, and every year thereafter for
    the duration of the terms of the grants, the Administrator shall submit
    to Congress a report on the results of the pilot program.
    SEC. 50110. LEAD CONTAMINATION IN SCHOOL DRINKING WATER.

        Section 1464 of the Safe Drinking Water Act (42 U.S.C. 300j-24) is
    amended--
                (1) in subsection (b)--
                        (A) in the first sentence, by inserting ``public
                    water systems and'' after ``to assist''; and
                        (B) in the third sentence, by inserting ``public
                    water systems,'' after ``schools,''; and
                (2) in subsection (d)--
                        (A) in the subsection heading, by inserting ``and
                    Reduction'' after ``Lead Testing'';
                        (B) in paragraph (2)--
                              (i) in subparagraph (A), by striking ``the
                          Administrator'' and all that follows through the
                          period at the end and inserting the following:
                          ``the Administrator shall establish a voluntary
                          school and child care program lead testing,
                          compliance monitoring, and lead reduction grant
                          program to make grants available to--

    [[Page 135 STAT. 1151]]

                              ``(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)--

    [[Page 135 STAT. 1152]]

                                        (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.--

    [[Page 135 STAT. 1153]]

                ``(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.''.

    [[Page 135 STAT. 1154]]

    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. <<NOTE: 42 USC 300j-19h.>>  ADVANCED DRINKING WATER
                                TECHNOLOGIES.

        ``(a) Study.--
                ``(1) In general.--Subject to the availability of
            appropriations, not later than 1 year after the date of
            enactment of this section, the Administrator shall carry out a
            study that examines the state of existing and potential future
            technology, including technology that could address
            cybersecurity vulnerabilities, that enhances or could enhance
            the treatment, monitoring, affordability, efficiency, and safety
            of drinking water provided by a public water system.
                ``(2) Report.--The Administrator shall submit to the
            Committee on Environment and Public Works of the Senate and the
            Committee on Energy and Commerce of the House of Representatives
            a report that describes the results of the study under paragraph
            (1).

        ``(b) Advanced Drinking Water Technology Grant Program.--
                ``(1) Definitions.--In this subsection:
                        ``(A) Eligible entity.--The term `eligible entity'
                    means the owner or operator of a public water system
                    that--
                              ``(i) serves--
                                        ``(I) a population of not more than
                                    100,000 people; or
                                        ``(II) a community described in
                                    section 1459A(c)(2);
                              ``(ii) has plans to identify or has identified
                          opportunities in the operations of the public
                          water system to employ new, existing, or emerging,
                          yet proven, technologies, including technology
                          that could address cybersecurity vulnerabilities,
                          as determined by the Administrator, that enhance
                          treatment, monitoring, affordability, efficiency,
                          or safety of the drinking water provided by the
                          public water system, including technologies not
                          identified in the study conducted under subsection
                          (a)(1); and
                              ``(iii) has expressed an interest in the
                          opportunities in the operation of the public water
                          system to employ new, existing, or emerging, yet
                          proven, technologies, including technology that
                          could address cybersecurity vulnerabilities, as
                          determined by the Administrator, that enhance
                          treatment, monitoring, affordability, efficiency,
                          or safety of the drinking water provided by the
                          public water system, including technologies not
                          identified in the study conducted under subsection
                          (a)(1).
                        ``(B) Program.--The term `program' means the
                    competitive grant program established under paragraph
                    (2).
                ``(2) Establishment.--The Administrator shall establish a
            competitive grant program under which the Administrator

    [[Page 135 STAT. 1155]]

            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) <<NOTE: Time period.>> each recipient of a
                    grant under the program during the previous 1-year
                    period; and
                        ``(B) <<NOTE: Summary.>>  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. <<NOTE: 42 USC 300g-10.>>  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.

    [[Page 135 STAT. 1156]]

                ``(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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Deadline. Coordination.>> 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) <<NOTE: Timeline.>>  shall establish
                          timelines for making voluntary technical support
                          for cybersecurity available to specific public
                          water systems;
                              ``(iii) <<NOTE: Coordination.>>  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

    [[Page 135 STAT. 1157]]

                                        ``(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. <<NOTE: 42 USC 300j-18a.>>  ANNUAL STUDY ON BOIL WATER
                                ADVISORIES.

        (a) <<NOTE: Deadline.>>  In General.--Not later than 1 year after
    the date of enactment of this Act, and annually thereafter, the
    Administrator shall conduct a study on the prevalence of boil water
    advisories issued in the United States.

        (b) Report.--
                (1) In general.--The Administrator shall submit to Congress
            a report describing the results of the most recent study
            conducted under subsection (a) as part of the annual budget
            request transmitted to Congress under section 1105(a) of title
            31, United States Code.
                (2) Requirement.--In the annual report required under
            paragraph (1), the Administrator shall include a description of
            the reasons for which boil water advisories were issued during
            the year covered by the report.

    [[Page 135 STAT. 1158]]

                              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) <<NOTE: Consultation. 33 USC 1254 note.>>  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. <<NOTE: 33 USC 1302.>>  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

    [[Page 135 STAT. 1159]]

                        ``(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.

    [[Page 135 STAT. 1160]]

                    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).

    [[Page 135 STAT. 1161]]

                                        ``(II) Rural community.--The term
                                    `rural community' means a city, town, or
                                    unincorporated area that has a
                                    population of not more than 10,000
                                    inhabitants.
                              ``(ii) Allocation.--
                                        ``(I) In general.--To the extent
                                    there are sufficient eligible project
                                    applications, the Administrator shall
                                    ensure that a State uses not less than
                                    25 percent of the amount of the grants
                                    made to the State under subsection (a)
                                    in a fiscal year to carry out projects
                                    in rural communities or financially
                                    distressed communities for the purpose
                                    of planning, design, and construction
                                    of--
                                                ``(aa) treatment works to
                                            intercept, transport, control,
                                            treat, or reuse municipal sewer
                                            overflows, sanitary sewer
                                            overflows, or stormwater; or
                                                ``(bb) any other measures to
                                            manage, reduce, treat, or
                                            recapture stormwater or
                                            subsurface drainage water
                                            eligible for assistance under
                                            section 603(c).
                                        ``(II) Rural communities.--Of the
                                    funds allocated under subclause (I) for
                                    the purposes described in that
                                    subclause, to the extent there are
                                    sufficient eligible project
                                    applications, the Administrator shall
                                    ensure that a State uses not less than
                                    60 percent to carry out projects in
                                    rural communities.''; and
                (4) in subsection (i)--
                        (A) in the second sentence, by striking ``The
                    recommended funding levels'' and inserting the
                    following:
                        ``(B) Requirement.--The funding levels recommended
                    under subparagraph (A)(i)'';
                        (B) in the first sentence, by striking ``Not later''
                    and inserting the following:
                ``(1) Periodic reports.--
                        ``(A) In general.--Not later'';
                        (C) in paragraph (1)(A) (as so designated)--
                              (i) by striking the period at the end and
                          inserting ``; and'';
                              (ii) by striking ``containing recommended''
                          and inserting the following: ``containing--
                              ``(i) recommended''; and
                              (iii) by adding at the end the following:
                              ``(ii) a description of the extent to which
                          States pass costs associated with the non-Federal
                          share requirements under subsection (d) to local
                          communities, with a focus on rural communities and
                          financially distressed communities (as those terms
                          are defined in subsection (f)(2)(B)(i)).''; and
                        (D) by adding at the end the following:
                ``(2) Use of funds.--Not later than 2 years after the date
            of enactment of this paragraph, the Administrator shall submit
            to the Committee on Environment and Public Works of the Senate
            and the Committee on Transportation and Infrastructure of the
            House of Representatives a report that describes the
            implementation of the grant program under this section,

    [[Page 135 STAT. 1162]]

            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. <<NOTE: 33 USC 1302a.>>  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) <<NOTE: Grants.>> 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) <<NOTE: Proposal.>>  a proposal of the project to be
            planned, designed, or constructed using funds under the program;

    [[Page 135 STAT. 1163]]

                ``(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) <<NOTE: Applicability.>>  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.''.

    [[Page 135 STAT. 1164]]

    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. <<NOTE: Grants. 33 USC 1302b.>>  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) <<NOTE: Consultation.>> 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) <<NOTE: Time period.>> 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) <<NOTE: Summary.>> a summary of the activities carried
            out under the circuit rider program.

        ``(f) Authorization of Appropriations.--
                ``(1) <<NOTE: Time period.>> 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.''.

    [[Page 135 STAT. 1165]]

    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. <<NOTE: 33 USC 1302c.>>  SMALL PUBLICLY OWNED
                            TREATMENT WORKS EFFICIENCY GRANT PROGRAM.

        ``(a) Establishment.--Subject to the availability of appropriations,
    not later than 180 days after the date of enactment of this section, the
    Administrator shall establish an efficiency grant program (referred to
    in this section as the `efficiency grant program') under which the
    Administrator shall award grants to eligible entities for the
    replacement or repair of equipment that improves water or energy
    efficiency of small publicly owned treatment works, as identified in an
    efficiency audit.
        ``(b) Eligible Entities.--The Administrator may award a grant under
    the efficiency grant program to--
                ``(1) an owner or operator of a small publicly owned
            treatment works that serves--
                        ``(A) a population of not more than 10,000 people;
                    or
                        ``(B) a disadvantaged community; or
                ``(2) a nonprofit organization that seeks to assist a small
            publicly owned treatment works described in paragraph (1) to
            carry out the activities described in subsection (a).

        ``(c) <<NOTE: Time period.>> 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) <<NOTE: Summary.>> 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:

    [[Page 135 STAT. 1166]]

    ``SEC. 226. <<NOTE: 33 USC 1302d.>>  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

    [[Page 135 STAT. 1167]]

            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. <<NOTE: 33 USC 1302e.>>  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) <<NOTE: Regulations. Requirement.>> 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) <<NOTE: Deadline. Notification.>> Requirement.--Not
            later than 90 days after the date on which the Administrator
            receives an application from an

    [[Page 135 STAT. 1168]]

            eligible entity under paragraph (1), the Administrator shall
            notify the eligible entity of whether the Administrator will
            award a grant to the eligible entity under the program.

        ``(d) Selection Criteria.--In selecting recipients of grants under
    the program, the Administrator shall use the following criteria:
                ``(1) Whether the eligible entity seeking a grant provides
            services to, or works directly with, qualified individuals.
                ``(2) Whether the eligible entity seeking a grant--
                        ``(A) has an existing program to assist in covering
                    the costs incurred in connecting a household to a
                    publicly owned treatment works; or
                        ``(B) seeks to create a program described in
                    subparagraph (A).

        ``(e) Requirements.--
                ``(1) Voluntary connection.--Before providing funds to a
            qualified individual for the costs described in subsection (b),
            an eligible entity shall ensure that--
                        ``(A) the qualified individual has connected to the
                    publicly owned treatment works voluntarily; and
                        ``(B) if the eligible entity is not the owner or
                    operator of the publicly owned treatment works to which
                    the qualified individual has connected, the publicly
                    owned treatment works to which the qualified individual
                    has connected has agreed to the connection.
                ``(2) Reimbursements from publicly owned treatment works.--
            An eligible entity that is an owner or operator of a publicly
            owned treatment works may reimburse a qualified individual that
            has already incurred the costs described in subsection (b) by--
                        ``(A) reducing the amount otherwise owed by the
                    qualified individual to the owner or operator for
                    wastewater or other services provided by the owner or
                    operator; or
                        ``(B) providing a direct payment to the qualified
                    individual.

        ``(f) Authorization of Appropriations.--
                ``(1) In general.--There is authorized to be appropriated to
            carry out the program $40,000,000 for each of fiscal years 2022
            through 2026.
                ``(2) Limitations on use of funds.--
                        ``(A) Small systems.--Of the amounts made available
                    for grants under paragraph (1), to the extent that there
                    are sufficient applications, not less than 15 percent
                    shall be used to make grants to--
                              ``(i) eligible entities described in
                          subsection (a)(1)(A) that are owners and operators
                          of publicly owned treatment works that serve fewer
                          than 3,300 people; and
                              ``(ii) eligible entities described in
                          subsection (a)(1)(B) that provide the assistance
                          described in that subsection in areas that are
                          served by publicly owned treatment works that
                          serve fewer than 3,300 people.
                        ``(B) Administrative costs.--Of the amounts made
                    available for grants under paragraph (1), not more than
                    2 percent may be used to pay the administrative costs of
                    the Administrator.''.

    [[Page 135 STAT. 1169]]

    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.''.

    [[Page 135 STAT. 1170]]

    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

    [[Page 135 STAT. 1171]]

                          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) <<NOTE: Coordination.>> 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) <<NOTE: Coordination.>> 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.''.

    [[Page 135 STAT. 1172]]

    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. <<NOTE: 42 USC 10361 note.>>  WATER DATA SHARING PILOT
                                PROGRAM.

        (a) Establishment.--
                (1) <<NOTE: Grants.>> In general.--Subject to the
            availability of appropriations, the Administrator shall
            establish a competitive grant pilot program (referred to in this
            section as the ``pilot program'') under which the Administrator
            may award grants to eligible entities under subsection (b) to
            establish systems that improve the sharing of information
            concerning water quality, water infrastructure needs, and water
            technology, including cybersecurity technology, between States
            or among counties and other units of local government within a
            State, which may include--
                        (A) establishing a website or data hub to exchange
                    water data, including data on water quality or water
                    technology, including new and emerging, but proven,
                    water technology; and
                        (B) intercounty communications initiatives related
                    to water data.
                (2) Requirements.--
                        (A) Data sharing.--The Internet of Water principles
                    developed by the Nicholas Institute for Environmental
                    Policy Solutions shall, to the extent practicable, guide
                    any water data sharing efforts under the pilot program.
                        (B) Use of existing data.--The recipient of a grant
                    under the pilot program to establish a website or data
                    hub described in paragraph (1)(A) shall, to the extent
                    practicable, leverage existing data sharing
                    infrastructure.

        (b) Eligible Entities.--An entity eligible for a grant under the
    pilot program is--
                (1) a State, county, or other unit of local government
            that--
                        (A) has a coastal watershed with significant
                    pollution levels;
                        (B) has a water system with significant pollution
                    levels; or
                        (C) has significant individual water infrastructure
                    deficits; or
                (2) a regional consortium established under subsection (d).

        (c) <<NOTE: Requirement.>>  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.

    [[Page 135 STAT. 1173]]

                (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''.

    [[Page 135 STAT. 1174]]

    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. <<NOTE: 33 USC 3915.>>  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) <<NOTE: Deadline. Consultation.>> 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) <<NOTE: Deadline.>> 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

    [[Page 135 STAT. 1175]]

                (2) the criteria the Administrator used in carrying out the
            analysis.
    SEC. 50217. <<NOTE: 33 USC 1302f.>>  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) <<NOTE: Grants.>> 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) <<NOTE: Lists.>>  maintain a listing of--
                                        (I) stormwater control
                                    infrastructure needs; and
                                        (II) <<NOTE: Analysis.>> an analysis
                                    of new and emerging stormwater control
                                    infrastructure technologies that are
                                    available;
                              (iii) <<NOTE: Analysis.>> 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,

    [[Page 135 STAT. 1176]]

                          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) <<NOTE: Coordination.>> coordinate with
                          the other centers to avoid duplication of efforts.
                (2) Application.--To be eligible to receive a grant under
            this subsection, an eligible institution shall prepare and
            submit to the Administrator an application at such time, in such
            form, and containing such information as the Administrator may
            require.
                (3) National electronic clearinghouse center.--Of the
            centers established under paragraph (1)(A), 1 shall--
                        (A) be designated as the ``national electronic
                    clearinghouse center''; and
                        (B) in addition to the other functions of that
                    center--
                              (i) <<NOTE: Website.>> 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) <<NOTE: Web posting.>> 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) <<NOTE: Standards.>>  Identifying and
                          developing standards necessary to accommodate
                          stormwater control infrastructure

    [[Page 135 STAT. 1177]]

                          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) <<NOTE: Evaluation.>> 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) <<NOTE: Standard.>> Implementing a best
                          practices standard for stormwater control
                          infrastructure programs.
                (3) <<NOTE: Plans.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Determinations.>> 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

    [[Page 135 STAT. 1178]]

                              (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) <<NOTE: Waiver.>> 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) <<NOTE: Recommenda- tions.>> 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

    [[Page 135 STAT. 1179]]

                (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) <<NOTE: Deadline. Establishment.>> 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) <<NOTE: Coordination.>>  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) <<NOTE: Determination.>> 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 135 STAT. 1180]]

    SEC. 50219. ADVANCED CLEAN WATER TECHNOLOGIES STUDY.

        (a) <<NOTE: Deadline.>>  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. <<NOTE: 33 USC 1389.>>  CLEAN WATERSHEDS NEEDS SURVEY.

        ``(a) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Reports.>>  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.''.

    [[Page 135 STAT. 1181]]

        (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) <<NOTE: Determinations.>>  Evaluation of Water Resources
    Research Program.--
                ``(1) <<NOTE: Time period.>>  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. <<NOTE: 33 USC 1276.>>  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) <<NOTE: Grants.>>  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.''.

    [[Page 135 STAT. 1182]]

                              DIVISION F--BROADBAND

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

    SEC. 60101. <<NOTE: 47 USC 1701.>>  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. <<NOTE: 47 USC 1702.>>  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--

    [[Page 135 STAT. 1183]]

                                        (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) <<NOTE: Determination. Consultations.>>
                          In general.--The term ``high-cost area'' means an
                          unserved area in which the cost of building out
                          broadband service is higher, as compared with the
                          average cost of building out broadband service in
                          unserved areas in the United States (as determined
                          by the Assistant Secretary, in consultation with
                          the Commission), incorporating factors that
                          include--
                                        (I) the remote location of the area;
                                        (II) the lack of population density
                                    of the area;
                                        (III) the unique topography of the
                                    area;
                                        (IV) a high rate of poverty in the
                                    area; or
                                        (V) any other factor identified by
                                    the Assistant Secretary, in consultation
                                    with the Commission,

    [[Page 135 STAT. 1184]]

                                    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) <<NOTE: Criteria. Determination.>>
                          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) <<NOTE: Criteria. Determination.>>  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) <<NOTE: Applicability.>> 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) <<NOTE: Grants.>> Broadband Equity, Access, and Deployment
    Program.--
                (1) <<NOTE: Deadline.>> 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.

    [[Page 135 STAT. 1185]]

                (3) <<NOTE: Notice.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Plans. Procedures.>>  the
                          development of plans and procedures for
                          distribution of funds under the Program; and
                              (iii) <<NOTE: Determination.>>  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) <<NOTE: Effective date.>> 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.

    [[Page 135 STAT. 1186]]

                (3) Allocation of remaining amounts.--
                        (A) <<NOTE: Effective date.>> 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

    [[Page 135 STAT. 1187]]

                          (A)), and no political subdivision or consortium
                          of political subdivisions of the eligible entity
                          submits a covered application by the applicable
                          deadline, or no covered application submitted by
                          such a political subdivision or consortium is
                          approved by the applicable deadline, as provided
                          in subparagraph (B), the Assistant Secretary--
                                        (I) shall reallocate the amounts
                                    that would have been available to the
                                    eligible entity pursuant to that type of
                                    covered application to other eligible
                                    entities that submitted that type of
                                    covered application by the applicable
                                    deadline; and
                                        (II) shall reallocate the amounts
                                    described in subclause (I) of this
                                    clause in accordance with the formula
                                    under paragraph (3).
                              (ii) Failure to use full allocation.--The
                          Assistant Secretary, in carrying out the Program,
                          shall provide that if an eligible entity fails to
                          use the full amount allocated to the eligible
                          entity under this subsection by the applicable
                          deadline, the Assistant Secretary--
                                        (I) shall reallocate the unused
                                    amounts to other eligible entities with
                                    approved final proposals; and
                                        (II) shall reallocate the amounts
                                    described in subclause (I) in accordance
                                    with the formula under paragraph (3).

        (d) Administrative Expenses.--
                (1) Assistant secretary.--The Assistant Secretary may use
            not more than 2 percent of amounts appropriated pursuant to
            subsection (b) for administrative purposes.
                (2) Eligible entities.--
                        (A) Pre-deployment planning.--An eligible entity may
                    use not more than 5 percent of the amount allocated to
                    the eligible entity under subsection (c)(2) for the
                    planning and pre-deployment activities under subsection
                    (e)(1)(C).
                        (B) Administration.--An eligible entity may use not
                    more than 2 percent of the grant amounts made available
                    to the eligible entity under subsection (e) for expenses
                    relating (directly or indirectly) to administration of
                    the grant.

        (e) Implementation.--
                (1) Initial program deployment and planning.--
                        (A) <<NOTE: Deadline.>> 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

    [[Page 135 STAT. 1188]]

                                                (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) <<NOTE: Determination.>>
                                    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) <<NOTE: Public information. Web
                          posting.>> 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) <<NOTE: Publication. Proposals.>> publish
                          a template--
                                        (I) initial proposal that complies
                                    with paragraph (3)(A); and
                                        (II) final proposal that complies
                                    with paragraph (4)(A); and
                              (v) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 1189]]

                                                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) <<NOTE: Timeline. Requiremen
                                            ts.>> 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) <<NOTE: Determination.>>  any
                                    other information determined relevant by
                                    the Assistant Secretary.
                        (C) <<NOTE: Determinations.>> 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).

    [[Page 135 STAT. 1190]]

                              (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) <<NOTE: Time period.>> 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) <<NOTE: Proposal.>> 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) <<NOTE: Assessment.>>  assess
                                    the amount of time it would take to
                                    build out universal broadband service in
                                    the eligible entity.

    [[Page 135 STAT. 1191]]

                (2) Notice of available amounts; invitation to submit
            initial and final <<NOTE: Effective date. Coordination.>>
            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) <<NOTE: Plan.>> includes a plan
                                    to competitively award subgrants to
                                    ensure timely deployment of broadband;
                                        (V) identifies--
                                                (aa) each unserved location
                                            or underserved location under
                                            the jurisdiction of the eligible
                                            entity; and
                                                (bb) each community anchor
                                            institution under the
                                            jurisdiction of the eligible
                                            entity that is an eligible
                                            community anchor institution;
                                            and

                                    (VI) <<NOTE: Certification. Compliance.>>
                                     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) <<NOTE: Requirements.>> In
                                    general.--The Assistant Secretary shall
                                    establish local coordination
                                    requirements for

    [[Page 135 STAT. 1192]]

                                    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) <<NOTE: Plans.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Determinations.>> 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

    [[Page 135 STAT. 1193]]

                                        (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) <<NOTE: Notification.>>  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) <<NOTE: Plan.>> a detailed plan
                                    that specifies how the eligible entity
                                    will--

                                            (aa) <<NOTE: Allocation.>> alloca
                                            te 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) <<NOTE: Timeline.>> 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) <<NOTE: Requirements.>> 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) <<NOTE: Plans.>> 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.

    [[Page 135 STAT. 1194]]

                              (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) <<NOTE: Determinations.>> 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) <<NOTE: Notification.>> 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) <<NOTE: Determinations.>> 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) <<NOTE: Notification.>> 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.

    [[Page 135 STAT. 1195]]

        (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) <<NOTE: Determination.>> 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) <<NOTE: Compliance. Consultation.>> 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) <<NOTE: Waiver.>>  fiber optic cable and
                          optical transmission equipment manufactured in the
                          People's Republic of China, except that the
                          Assistant Secretary may waive the application of
                          this clause with respect to a project if the
                          eligible entity that awards a subgrant for the
                          project shows that such application would
                          unreasonably increase the cost of the project.
                (2) Eligible entity obligations.--In distributing funds to
            subgrantees under this section, an eligible entity shall--
                        (A) ensure that any prospective subgrantee--
                              (i) is capable of carrying out activities
                          funded by the subgrant in a competent manner in
                          compliance with all applicable Federal, State, and
                          local laws;
                              (ii) has the financial and managerial capacity
                          to meet--
                                        (I) the commitments of the
                                    subgrantee under the subgrant;

    [[Page 135 STAT. 1196]]

                                        (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) <<NOTE: Contracts.>> 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) <<NOTE: Contracts.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Database. Web posting. Public
                    information.>>  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;

    [[Page 135 STAT. 1197]]

                              (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 <<NOTE: Deadline.>> 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) <<NOTE: Notification.>> 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.--

    [[Page 135 STAT. 1198]]

                              (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

    [[Page 135 STAT. 1199]]

                                                (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) <<NOTE: Time period.>> 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) <<NOTE: Deadline.>>  shall deploy the broadband
                    network and begin providing broadband service to each
                    customer that desires broadband service not later than 4
                    years after the date on which the entity receives the
                    subgrant, except that an eligible entity may extend the
                    deadline under this subparagraph if--
                              (i) the eligible entity has a plan for use of
                          the grant funds;
                              (ii) the construction project is underway; or
                              (iii) extenuating circumstances require an
                          extension of time to allow the project to be
                          completed;
                        (D) for any project that involves laying fiber optic
                    cables or conduit underground or along a roadway, shall
                    include interspersed conduit access points at regular
                    and short intervals;
                        (E) may use the subgrant to deploy broadband
                    infrastructure in or through any area required to reach
                    interconnection points or otherwise to ensure the
                    technical feasibility and financial sustainability of a
                    project providing broadband service to an unserved
                    location, underserved location, or eligible community
                    anchor institution;
                        (F) <<NOTE: Public information. Web posting.>> 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

    [[Page 135 STAT. 1200]]

                    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) <<NOTE: Effective date.>> 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) <<NOTE: Notification.>>
                                            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.

    [[Page 135 STAT. 1201]]

                              (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) <<NOTE: Procedures.>> Nonperformance.--The
                    Assistant Secretary shall develop procedures under which
                    the Assistant Secretary or an eligible entity may--
                              (i) <<NOTE: Evaluation.>>  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) <<NOTE: Time period.>>  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--

    [[Page 135 STAT. 1202]]

                              (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) <<NOTE: Certification.>>  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) <<NOTE: Certification.>>  certifies that
                          the eligible entity complied with the requirements
                          of this section and with any additional reporting
                          requirements prescribed by the Assistant
                          Secretary.
                        (D) <<NOTE: Coordination. Determination.>> 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) <<NOTE: Data.>>  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

    [[Page 135 STAT. 1203]]

                    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) <<NOTE: List.>> 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) <<NOTE: Compliance. Determination.
                                    >>  comply with any other reasonable
                                    reporting requirements determined by the
                                    eligible entity or the Assistant
                                    Secretary; and
                              (iii) <<NOTE: Certification.>> certify that
                          the information in the report is accurate.
                (3) Standardization and coordination.--The Assistant
            Secretary and the Commission shall collaborate to--
                        (A) standardize and coordinate reporting of
                    locations at which broadband service was provided using
                    grant funds received under this section in accordance
                    with title VIII of the Communications Act of 1934 (47
                    U.S.C. 641 et seq.); and
                        (B) provide a standardized methodology to recipients
                    of grants and subgrantees under this section for
                    reporting the information described in subparagraph (A).
                (4) Information on broadband subsidies and low-income
            plans.--
                        (A) <<NOTE: Deadline. Consultation. Public
                    information.>>  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

    [[Page 135 STAT. 1204]]

                              (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

    [[Page 135 STAT. 1205]]

                (3) chapter 6 of title 5, United States Code (commonly
            referred to as the ``Regulatory Flexibility Act'').
    SEC. 60103. <<NOTE: 47 USC 1703.>>  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) <<NOTE: Deadline.>>  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.

    [[Page 135 STAT. 1206]]

        (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) <<NOTE: Recommenda- tions.>>  may provide
                    recommendations for Congress to expand the universal
                    service goals for broadband, if the Commission believes
                    such an expansion is in the public interest.
    SEC. 60105. <<NOTE: 47 USC 1704.>>  BROADBAND DEPLOYMENT LOCATIONS
                                MAP.

        (a) Definitions.--In this section:
                (1) Broadband infrastructure.--The term ``broadband
            infrastructure'' means any cables, fiber optics, wiring, or
            other permanent (integral to the structure) infrastructure,
            including wireless infrastructure, that--
                        (A) is capable of providing access to internet
                    connections in individual locations; and
                        (B) is an advanced telecommunications capability, as
                    defined in section 706(d) of the Telecommunications Act
                    of 1996 (47 U.S.C. 1302(d)).
                (2) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (3) Deployment locations map.--The term ``Deployment
            Locations Map'' means the mapping tool required to be
            established under subsection (b).

        (b) <<NOTE: Deadline. Consultation.>> Establishment of Deployment
    Locations Map.--Not later than 18 months after the date of enactment of
    this Act, the Commission shall, in consultation with all relevant
    Federal agencies, establish an online mapping tool to provide a
    locations overview of the overall geographic footprint of each broadband
    infrastructure deployment project funded by the Federal Government.

        (c) Requirements.--The Deployment Locations Map shall be--
                (1) the centralized, authoritative source of information on
            funding made available by the Federal Government for broadband
            infrastructure deployment in the United States; and
                (2) <<NOTE: Public information. Web posting.>>  made
            publicly available on the website of the Commission.

        (d) Functions.--In establishing the Deployment Locations Map, the
    Commission shall ensure that the Deployment Locations Map--
                (1) compiles data related to Federal funding for broadband
            infrastructure deployment provided by the Commission, the
            National Telecommunications and Information Administration,

    [[Page 135 STAT. 1207]]

            the Department of Agriculture, the Department of Health and
            Human Services, the Department of the Treasury, the Department
            of Housing and Urban Development, the Institute of Museum and
            Library Sciences, and any other Federal agency that provides
            such data relating to broadband infrastructure deployment
            funding to the Commission, including funding under--
                        (A) this Act;
                        (B) the Coronavirus Aid, Relief, and Economic
                    Security Act (Public Law 116-136);
                        (C) the Consolidated Appropriations Act, 2021
                    (Public Law 116-260);
                        (D) American Rescue Plan Act of 2021 (Public Law
                    117-2); or
                        (E) any Federal amounts appropriated or any Federal
                    program authorized after the date of enactment of this
                    Act to fund broadband infrastructure deployment;
                (2) contains data, with respect to each broadband
            infrastructure deployment program, relating to--
                        (A) the Federal agency of jurisdiction;
                        (B) the program title; and
                        (C) the network type, including wired, terrestrial
                    fixed, wireless, mobile, and satellite broadband
                    infrastructure deployment;
                (3) allows users to manipulate the Deployment Locations Map
            to identify, search, and filter broadband infrastructure
            deployment projects by--
                        (A) company name;
                        (B) duration timeline, including the dates of a
                    project's beginning and ending, or anticipated beginning
                    or ending date;
                        (C) total number of locations to which a project
                    makes service available; and
                        (D) relevant download and upload speeds; and
                (4) incorporates broadband service availability data as
            depicted in the Broadband Map created under section 802(c)(1) of
            the Communications Act of 1934 (47 U.S.C. 642(c)(1)).

        (e) Periodic Updates.--
                (1) <<NOTE: Consultation.>>  In general.--The Commission
            shall, in consultation with relevant Federal agencies, ensure
            the Deployment Locations Map is maintained and up to date on a
            periodic basis, but not less frequently than once every 180
            days.
                (2) <<NOTE: Reports.>> Other federal agencies.--Each Federal
            agency providing funding for broadband infrastructure deployment
            shall report relevant data to the Commission on a periodic
            basis.

        (f) No Effect on Programmatic Missions.--Nothing in this section
    shall be construed to affect the programmatic missions of Federal
    agencies providing funding for broadband infrastructure development.
        (g) Nonduplication.--The requirements in this section shall be
    consistent with and avoid duplication with the provisions of section 903
    of division FF of the Consolidated Appropriations Act, 2021 (Public Law
    116-260).
        (h) Funding.--Of the amounts appropriated to carry out this division
    under this Act, $10,000,000 shall be made available to carry out this
    section.

    [[Page 135 STAT. 1208]]

               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) <<NOTE: 47 USC 1305 note, 1705.>>  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) <<NOTE: Applicability.>> 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 135 STAT. 1209]]

                        ``(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) <<NOTE: Allocation.>>  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) <<NOTE: Applicability.>> 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) <<NOTE: Time period.>> 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 <<NOTE: Digital Equity Act of 2021.>>  III--DIGITAL EQUITY ACT OF
    2021
    SEC. 60301. <<NOTE: 47 USC 1701 note.>>  SHORT TITLE.

        This title may be cited as the ``Digital Equity Act of 2021''.
    SEC. 60302. <<NOTE: 47 USC 1721.>>  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--

    [[Page 135 STAT. 1210]]

                        (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.

    [[Page 135 STAT. 1211]]

                (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.

    [[Page 135 STAT. 1212]]

                (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. <<NOTE: 47 USC 1722.>>  SENSE OF CONGRESS.

        It is the sense of Congress that--
                (1) a broadband connection and digital literacy are
            increasingly critical to how individuals--
                        (A) participate in the society, economy, and civic
                    institutions of the United States; and
                        (B) access health care and essential services,
                    obtain education, and build careers;
                (2) digital exclusion--
                        (A) carries a high societal and economic cost;
                        (B) materially harms the opportunity of an
                    individual with respect to the economic success,
                    educational achievement, positive health outcomes,
                    social inclusion, and civic engagement of that
                    individual; and
                        (C) exacerbates existing wealth and income gaps,
                    especially those experienced by covered populations;
                (3) achieving digital equity for all people of the United
            States requires additional and sustained investment and research
            efforts;
                (4) the Federal Government, as well as State, tribal,
            territorial, and local governments, have made social, legal, and
            economic obligations that necessarily extend to how the citizens
            and residents of those governments access and use the internet;
            and
                (5) achieving digital equity is a matter of social and
            economic justice and is worth pursuing.
    SEC. 60304. <<NOTE: 47 USC 1723.>>  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

    [[Page 135 STAT. 1213]]

                    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

    [[Page 135 STAT. 1214]]

            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) <<NOTE: Assessment.>>  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;

    [[Page 135 STAT. 1215]]

                              (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) <<NOTE: List.>>  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.

    [[Page 135 STAT. 1216]]

                (3) Planning grants.--
                        (A) <<NOTE: Effective date.>> 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) <<NOTE: Deadlines. Determination.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Compliance.>> shall
                                    comply with the requirements of this
                                    subsection, including the requirement
                                    under paragraph (2)(B).
                              (iii) The assurances required under subsection
                          (e).
                        (D) Awards.--
                              (i) <<NOTE: Determination.>>  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) <<NOTE: Extension.>>
                                    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).

    [[Page 135 STAT. 1217]]

                        (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) <<NOTE: Deadline.>> 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) <<NOTE: Certification.>>  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) <<NOTE: Criteria.>> 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

    [[Page 135 STAT. 1218]]

                                    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) <<NOTE: Determinations.>>  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) <<NOTE: Distribution.>> 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) <<NOTE: Puerto Rico.>> 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) <<NOTE: Effective date.>>  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

    [[Page 135 STAT. 1219]]

                    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) <<NOTE: Requirement. Certification.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Evaluation.>> 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).

    [[Page 135 STAT. 1220]]

                              (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) <<NOTE: Procedures.>> 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) <<NOTE: Evaluation.>> the administering entity
                    for that State shall cooperate in carrying out any
                    evaluation--
                              (i) of any program that relates to a grant
                          awarded to the covered recipient; and
                              (ii) that is carried out by or for the
                          Assistant Secretary or another Federal official;
                (2) the administering entity for that State shall--
                        (A) use fiscal control and fund accounting
                    procedures that ensure the proper disbursement of, and
                    accounting for, any Federal funds that the State is
                    awarded under this section;
                        (B) <<NOTE: Reports.>> 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) <<NOTE: Records. Determination.>>  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) <<NOTE: Public comment.>> 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) <<NOTE: Compliance.>> 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.--

    [[Page 135 STAT. 1221]]

                (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) <<NOTE: Determination.>>  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) <<NOTE: Public information.>> 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) <<NOTE: Compliance.>> complies with all
                          terms with respect to the use of the grant
                          amounts; and
                        (C) <<NOTE: Database. Web posting.>>  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) <<NOTE: Reports.>> each report submitted
                          by an entity under subparagraph (A);
                              (iv) <<NOTE: Record.>>  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

    [[Page 135 STAT. 1222]]

                              (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) <<NOTE: Contracts.>>  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) <<NOTE: Native Americans.>> 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) <<NOTE: Territories.>> 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. <<NOTE: 47 USC 1724.>>  DIGITAL EQUITY COMPETITIVE
                                GRANT PROGRAM.

        (a) Establishment.--
                (1) <<NOTE: Deadline.>> 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

    [[Page 135 STAT. 1223]]

            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) <<NOTE: Determination.>>  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--

    [[Page 135 STAT. 1224]]

                        (A) an entity described in any of paragraphs (1)
                    through (6); and
                        (B) an entity that--
                              (i) the Assistant Secretary, by rule,
                          determines to be in the public interest; and
                              (ii) is not a school.

        (c) Application.--An entity that wishes to be awarded a grant under
    the Program shall submit to the Assistant Secretary an application--
                (1) at such time, in such form, and containing such
            information as the Assistant Secretary may require; and
                (2) that--
                        (A) provides a detailed explanation of how the
                    entity will use any grant amounts awarded under the
                    Program to carry out the purposes of the Program in an
                    efficient and expeditious manner;
                        (B) identifies the period in which the applicant
                    will expend the grant funds awarded under the Program;
                        (C) includes--
                              (i) a justification for the amount of the
                          grant that the applicant is requesting; and
                              (ii) for each fiscal year in which the
                          applicant will expend the grant funds, a budget
                          for the activities that the grant funds will
                          support;
                        (D) demonstrates to the satisfaction of the
                    Assistant Secretary that the entity--
                              (i) is capable of carrying out--
                                        (I) the project or function to which
                                    the application relates; and
                                        (II) the activities described in
                                    subsection (h)--
                                                (aa) in a competent manner;
                                            and
                                                (bb) in compliance with all
                                            applicable Federal, State, and
                                            local laws; and
                              (ii) if the applicant is an entity described
                          in subsection (b)(1), shall appropriate or
                          otherwise unconditionally obligate from non-
                          Federal sources funds that are necessary to meet
                          the requirements of subsection (e);
                        (E) discloses to the Assistant Secretary the source
                    and amount of other Federal, State, or outside funding
                    sources from which the entity receives, or has applied
                    for, funding for activities or projects to which the
                    application relates; and
                        (F) provides--
                              (i) the assurances that are required under
                          subsection (f); and
                              (ii) an assurance that the entity shall follow
                          such additional procedures as the Assistant
                          Secretary may require to ensure that grant funds
                          are used and accounted for in an appropriate
                          manner.

        (d) Award of Grants.--
                (1) Factors considered in award of grants.--In deciding
            whether to award a grant under the Program, the Assistant
            Secretary shall, to the extent practicable, consider--
                        (A) whether an application shall, if approved--

    [[Page 135 STAT. 1225]]

                              (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) <<NOTE: Deadlines.>> 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

    [[Page 135 STAT. 1226]]

                    grant for administrative costs in carrying out any of
                    the activities described in subparagraph (A).
                        (D) <<NOTE: Effective dates.>>  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) <<NOTE: Waiver.>>  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) <<NOTE: Petitions.>>  the applicant with respect
                    to the project petitions the Assistant Secretary for the
                    waiver; and
                        (B) <<NOTE: Determination.>> 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) <<NOTE: Procedures.>>  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) <<NOTE: Reports.>> 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

    [[Page 135 STAT. 1227]]

                (6) <<NOTE: Records. Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Database. Web posting.>> 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) <<NOTE: List.>>  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) <<NOTE: Reports.>> each report submitted
                          by an entity under subparagraph (A); and

    [[Page 135 STAT. 1228]]

                              (v) <<NOTE: Public information.>>  any other
                          information that is sufficient to allow the public
                          to understand and monitor grants awarded under the
                          Program; and
                        (D) ensure that any entity with respect to which an
                    award is deobligated or terminated under subsection (g)
                    may, in a timely manner, appeal or otherwise challenge
                    that deobligation or termination, as applicable; and
                (2) may establish additional reporting and information
            requirements for any recipient of a grant under the Program.

        (i) Supplement Not Supplant.--A grant awarded to an entity under the
    Program shall supplement, not supplant, other Federal or State funds
    that have been made available to the entity to carry out activities
    described in this section.
        (j) <<NOTE: Contracts.>> 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) <<NOTE: Native Americans.>> 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) <<NOTE: Territories.>> 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) <<NOTE: Time periods.>>  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. <<NOTE: 47 USC 1725.>>  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--

    [[Page 135 STAT. 1229]]

                        (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) <<NOTE: List.>>  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) <<NOTE: Web posting.>>  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

    [[Page 135 STAT. 1230]]

                              (ii) in languages other than English.

        (b) Authority to Contract and Enter Into Other Arrangements.--The
    Assistant <<NOTE: Determination.>>  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) <<NOTE: Determination.>> 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. <<NOTE: 47 USC 1726.>>  GENERAL PROVISIONS.

        (a) Nondiscrimination.--

    [[Page 135 STAT. 1231]]

                (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) <<NOTE: Effective date. Time periods. Appropriation
    authorization.>> 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. <<NOTE: 47 USC 1741.>>  ENABLING MIDDLE MILE BROADBAND
                                INFRASTRUCTURE.

        (a) Definitions.--In this section:
                (1) Anchor institution.--The term ``anchor institution''
            means a school, library, medical or healthcare provider,
            community college or other institution of higher education, or
            other community support organization or entity.
                (2) Assistant secretary.--The term ``Assistant Secretary''
            means the Assistant Secretary of Commerce for Communications and
            Information.
                (3) Commission.--The term ``Commission'' means the Federal
            Communications Commission.
                (4) Eligible entity.--The term ``eligible entity'' means--
                        (A) a State, political subdivision of a State,
                    Tribal government, technology company, electric utility,
                    utility cooperative, public utility district,
                    telecommunications company, telecommunications
                    cooperative, nonprofit foundation, nonprofit
                    corporation, nonprofit institution, nonprofit
                    association, regional planning counsel, Native entity,
                    or economic development authority; or
                        (B) a partnership of 2 or more entities described in
                    subparagraph (A).
                (5) FCC fixed broadband map.--The term ``FCC fixed broadband
            map'' means the map created by the Commission under section
            802(c)(1)(B) of the Communications Act of 1934 (47 U.S.C.
            642(c)(1)(B)).

    [[Page 135 STAT. 1232]]

                (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).

    [[Page 135 STAT. 1233]]

                (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--

    [[Page 135 STAT. 1234]]

                        (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.

    [[Page 135 STAT. 1235]]

                        (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) <<NOTE: Requirement.>> 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) <<NOTE: Deadline.>>  Buildout timeline.--Subject to
            paragraph (5), to be eligible to obtain a middle mile grant, an
            eligible entity shall agree, in the application submitted
            through the process established under subsection (d), to
            complete buildout of the middle mile infrastructure described in
            the application by not later than 5 years after the date on
            which amounts from the grant are made available to the eligible
            entity.
                (3) Project eligibility requirements.--
                        (A) Capability to support retail broadband
                    service.--A <<NOTE: Determination.>> 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

    [[Page 135 STAT. 1236]]

                                                (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) <<NOTE: Determination.>> 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--

    [[Page 135 STAT. 1237]]

                              (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) <<NOTE: Requirements.>> 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) <<NOTE: Penalties.>>  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) <<NOTE: Certification.>> 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

    [[Page 135 STAT. 1238]]

                    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) <<NOTE: Consultations.>> 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) <<NOTE: Time period.>> 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. <<NOTE: 47 USC 1751.>>  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) <<NOTE: 47 USC 1301 note, 1752.>>  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

    [[Page 135 STAT. 1239]]

            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) <<NOTE: Regulations.>> High-cost areas.--The
                    Commission shall, by regulation, establish a mechanism
                    by which a participating provider in a high-cost area
                    (as defined in section 60102(a)(2) of the Infrastructure
                    Investment and Jobs Act) may provide an affordable
                    connectivity benefit in an amount up to the amount
                    specified in subparagraph (A) for an internet service
                    offering provided on Tribal land upon a showing that the
                    applicability of the lower limit under subparagraph (A)
                    to the provision of the affordable connectivity benefit
                    by the provider would cause particularized economic
                    hardship to the provider such that the provider may not
                    be able to maintain the operation of part or all of its
                    broadband network.'';
                        (B) in subsection (b)--
                              (i) by redesignating paragraphs (7) through
                          (10) as paragraphs (12) through (15),
                          respectively;
                              (ii) by inserting after paragraph (6) the
                          following:
                ``(7) Requirement to allow customers to apply affordable
            connectivity benefit to any internet service offering.--
                        ``(A) In general.--A participating provider--
                              ``(i) shall allow an eligible household to
                          apply the affordable connectivity benefit to any
                          internet service offering of the participating
                          provider at the same terms available to households
                          that are not eligible households; and
                              ``(ii) may not require the eligible household
                          to submit to a credit check in order to apply the
                          affordable connectivity benefit to an internet
                          service offering of the participating provider.

    [[Page 135 STAT. 1240]]

                        ``(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) <<NOTE: Requirement.>>  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) <<NOTE: Public information. Reports.>>  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) <<NOTE: Notification.>>  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;

    [[Page 135 STAT. 1241]]

                                        ``(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) <<NOTE: Notice. Public
                    comment. Regulations.>> 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) <<NOTE: Effective date.>>  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, <<NOTE: 47 USC 1752 and note.>>  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);

    [[Page 135 STAT. 1242]]

                                        (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) <<NOTE: Time period. 47 USC 1752 note.>>  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) <<NOTE: Effective date.>>  Certification required.--On
            the date on which the amounts appropriated under section
            904(i)(2) of division N of

    [[Page 135 STAT. 1243]]

            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) <<NOTE: Deadlines. 42 USC 1752 note.>>  Broadband Transparency
    Rules.--
                (1) <<NOTE: Data.>> Rules.--Not later than 1 year after the
            date of enactment of this Act, the Commission shall issue final
            rules regarding the annual collection by the Commission of data
            relating to the price and subscription rates of each internet
            service offering of a participating provider under the
            Affordable Connectivity Program established under section 904 of
            division N of the Consolidated Appropriations Act, 2021 (Public
            Law 116-260) (as amended by this section) to which an eligible
            household subscribes.

            (2) <<NOTE: Determination. Revision. Verification.>> 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) <<NOTE: Public information.>> 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) <<NOTE: 47 USC 1752 note.>>  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) <<NOTE: Deadlines. 47 USC 1752 note.>>  Coordination.--The
    Secretary of Agriculture, the Secretary of Education, and the Secretary
    of Health and Human Services shall--
                (1) <<NOTE: Memorandum.>>  not later than 60 days after the
            date of enactment of this Act, enter into a memorandum of
            understanding with

    [[Page 135 STAT. 1244]]

            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. <<NOTE: 47 USC 1753.>>  ADOPTION OF CONSUMER BROADBAND
                                LABELS.

        (a) <<NOTE: Deadline. Requirement. Disclosure.>> 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) <<NOTE: Assessment.>>  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.

    [[Page 135 STAT. 1245]]

    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) <<NOTE: Evaluation.>> 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) <<NOTE: Time periods.>>  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. <<NOTE: 47 USC 1754.>>  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) <<NOTE: Definition.>> 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

    [[Page 135 STAT. 1246]]

                (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) <<NOTE: Deadline.>> Adoption of Rules.--Not later than 2 years
    after the date of enactment of this Act, the Commission shall adopt
    final rules to facilitate equal access to broadband internet access
    service, taking into account the issues of technical and economic
    feasibility presented by that objective, including--
                (1) preventing digital discrimination of access based on
            income level, race, ethnicity, color, religion, or national
            origin; and
                (2) identifying necessary steps for the Commissions to take
            to eliminate discrimination described in paragraph (1).

        (c) Federal Policies.--The Commission and the Attorney General shall
    ensure that Federal policies promote equal access to robust broadband
    internet access service by prohibiting deployment discrimination based
    on--
                (1) the income level of an area;
                (2) the predominant race or ethnicity composition of an
            area; or
                (3) other factors the Commission determines to be relevant
            based on the findings in the record developed from the
            rulemaking under subsection (b).

        (d) Model State and Local Policies.--The Commission shall develop
    model policies and best practices that can be adopted by States and
    localities to ensure that broadband internet access service providers do
    not engage in digital discrimination.
        (e) Complaints.--The Commission shall revise its public complaint
    process to accept complaints from consumers or other members of the
    public that relate to digital discrimination.

        TITLE <<NOTE: Telecommunica- tions Skilled Workforce Act.>>  VI--
    TELECOMMUNICATIONS INDUSTRY WORKFORCE
    SEC. 60601. <<NOTE: 47 USC 609 note.>>  SHORT TITLE.

        This title may be cited as the ``Telecommunications Skilled
    Workforce Act''.
    SEC. 60602. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.

        (a) In General.--Part I of title III of the Communications Act of
    1934 (47 U.S.C. 301 et seq.) is amended by adding at the end the
    following:
    ``SEC. 344. <<NOTE: 47 USC 344.>>  TELECOMMUNICATIONS INTERAGENCY
                            WORKING GROUP.

        ``(a) Definition.--In this section, the term `telecommunications
    interagency working group' means the interagency working group
    established under subsection (b)(1).
        ``(b) Establishment.--
                ``(1) <<NOTE: Deadline.>> In general.--Not later than 60
            days after the date of enactment of this section, the Chairman
            of the Commission, in partnership with the Secretary of Labor,
            shall establish within the Commission an interagency working
            group to develop recommendations to address the workforce needs
            of the telecommunications industry, including the safety of that
            workforce.

    [[Page 135 STAT. 1247]]

                ``(2) Date of establishment.--The telecommunications
            interagency working group shall be considered established on the
            date on which a majority of the members of the working group
            have been appointed, consistent with subsection (d).

        ``(c) Duties.--In developing recommendations under subsection (b),
    the telecommunications interagency working group shall--
                ``(1) determine whether, and if so how, any Federal laws,
            regulations, guidance, policies, or practices, or any budgetary
            constraints, may be amended to strengthen the ability of
            institutions of higher education (as defined in section 101 of
            the Higher Education Act of 1965 (20 U.S.C. 1001)) or for-profit
            businesses to establish, adopt, or expand programs intended to
            address the workforce needs of the telecommunications industry,
            including the workforce needed to build and maintain the 5G
            wireless infrastructure necessary to support 5G wireless
            technology;
                ``(2) identify potential policies and programs that could
            encourage and improve coordination among Federal agencies,
            between Federal agencies and States, and among States, on
            telecommunications workforce needs;
                ``(3) identify ways in which existing Federal programs,
            including programs that help facilitate the employment of
            veterans and military personnel transitioning into civilian
            life, could be leveraged to help address the workforce needs of
            the telecommunications industry;
                ``(4) identify ways to improve recruitment in workforce
            development programs in the telecommunications industry;
                ``(5) identify Federal incentives that could be provided to
            institutions of higher education, for-profit businesses, State
            workforce development boards established under section 101 of
            the Workforce Innovation and Opportunity Act (29 U.S.C. 3111),
            or other relevant stakeholders to establish or adopt new
            programs, expand current programs, or partner with registered
            apprenticeship programs, to address the workforce needs of the
            telecommunications industry, including such needs in rural
            areas;
                ``(6) identify ways to improve the safety of
            telecommunications workers, including tower climbers; and
                ``(7) identify ways that trends in wages, benefits, and
            working conditions in the telecommunications industry impact
            recruitment of employees in the sector.

        ``(d) <<NOTE: Appointments.>>  Members.--The telecommunications
    interagency working group shall be composed of the following
    representatives of Federal agencies and relevant non-Federal industry
    and labor stakeholder organizations:
                ``(1) A representative of the Department of Education,
            appointed by the Secretary of Education.
                ``(2) A representative of the National Telecommunications
            and Information Administration, appointed by the Assistant
            Secretary of Commerce for Communications and Information.
                ``(3) A representative of the Commission, appointed by the
            Chairman of the Commission.
                ``(4) A representative of a registered apprenticeship
            program in construction or maintenance, appointed by the
            Secretary of Labor.
                ``(5) A representative of a telecommunications industry
            association, appointed by the Chairman of the Commission.

    [[Page 135 STAT. 1248]]

                ``(6) A representative of an Indian Tribe or Tribal
            organization, appointed by the Chairman of the Commission.
                ``(7) A representative of a rural telecommunications
            carrier, appointed by the Chairman of the Commission.
                ``(8) A representative of a telecommunications contractor
            firm, appointed by the Chairman of the Commission.
                ``(9) A representative of an institution of higher education
            described in section 371(a) of the Higher Education Act of 1965
            (20 U.S.C. 1067q(a)), appointed by the Secretary of Education.
                ``(10) A public interest advocate for tower climber safety,
            appointed by the Secretary of Labor.
                ``(11) A representative of the Directorate of Construction
            of the Occupational Safety and Health Administration, appointed
            by the Secretary of Labor.
                ``(12) A representative of a labor organization representing
            the telecommunications workforce, appointed by the Secretary of
            Labor.

        ``(e) No Compensation.--A member of the telecommunications
    interagency working group shall serve without compensation.
        ``(f) Other Matters.--
                ``(1) Chair and vice chair.--The telecommunications
            interagency working group shall name a chair and a vice chair,
            who shall be responsible for organizing the business of the
            working group.
                ``(2) Subgroups.--The chair and vice chair of the
            telecommunications interagency working group, in consultation
            with the other members of the telecommunications interagency
            working group, may establish such subgroups as necessary to help
            conduct the work of the telecommunications interagency working
            group.
                ``(3) Support.--The Commission and the Secretary of Labor
            may detail employees of the Commission and the Department of
            Labor, respectively, to assist and support the work of the
            telecommunications interagency working group, though such a
            detailee shall not be considered to be a member of the working
            group.

        ``(g) Report to Congress.--
                ``(1) <<NOTE: Recommenda- tions.>>  Report to congress.--Not
            later than 1 year after the date on which the telecommunications
            interagency working group is established, the working group
            shall submit a report containing its recommendations to address
            the workforce needs of the telecommunications industry to--
                        ``(A) the Committee on Commerce, Science, and
                    Transportation of the Senate;
                        ``(B) the Committee on Health, Education, Labor, and
                    Pensions of the Senate;
                        ``(C) the Committee on Energy and Commerce of the
                    House of Representatives;
                        ``(D) the Committee on Education and Labor of the
                    House of Representatives;
                        ``(E) the Department of Labor; and
                        ``(F) the Commission.
                ``(2) Majority support.--The telecommunications interagency
            working group may not submit the report under paragraph (1)
            unless the report has the support of not less than the majority
            of the members of the working group.

    [[Page 135 STAT. 1249]]

                ``(3) Views.--The telecommunications interagency working
            group shall--
                        ``(A) include with the report submitted under
                    paragraph (1) any concurring or dissenting view offered
                    by a member of the working group; and
                        ``(B) identify each member to whom each concurring
                    or dissenting view described in subparagraph (A) should
                    be attributed.
                ``(4) <<NOTE: Records.>> Public posting.--The Commission and
            the Secretary of Labor shall make a copy of the report submitted
            under paragraph (1) available to the public on the websites of
            the Commission and the Department of Labor, respectively.

        ``(h) Nonapplicability of FACA.--The Federal Advisory Committee Act
    (5 U.S.C. App.) shall not apply to the telecommunications interagency
    working group.''.
        (b) <<NOTE: Repeal. 47 USC 344 and note.>>  Sunset.--Section 344 of
    the Communications Act of 1934, as added by subsection (a), shall be
    repealed on the day after the date on which the interagency working
    group established under subsection (b)(1) of that section submits the
    report to Congress under subsection (g) of that section.
    SEC. 60603. <<NOTE: Deadline. 29 USC 3111 note.>>
                                TELECOMMUNICATIONS WORKFORCE GUIDANCE.

         Not later than 1 year after the date of enactment of this Act, the
    Secretary of Labor, in partnership with the Chairman of the Federal
    Communications Commission, shall establish and issue guidance on how
    States can address the workforce needs and safety of the
    telecommunications industry, including guidance on how a State workforce
    development board established under section 101 of the Workforce
    Innovation and Opportunity Act (29 U.S.C. 3111) can--
                (1) utilize Federal resources available to States to meet
            the workforce needs of the telecommunications industry;
                (2) promote and improve recruitment in workforce development
            programs in the telecommunications industry; and
                (3) ensure the safety of the telecommunications workforce,
            including tower climbers.
    SEC. 60604. GAO ASSESSMENT OF WORKFORCE NEEDS OF THE
                                TELECOMMUNICATIONS INDUSTRY.

        (a) Definitions.--In this section, the term ``appropriate
    congressional committees'' means--
                (1) the Committee on Commerce, Science, and Transportation
            of the Senate;
                (2) the Committee on Health, Education, Labor, and Pensions
            of the Senate;
                (3) the Committee on Energy and Commerce of the House of
            Representatives; and
                (4) the Committee on Education and Labor of the House of
            Representatives.

        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Comptroller General of the United States shall submit to
    the appropriate congressional committees a report that estimates the
    number of skilled telecommunications workers that will be required to
    build and maintain--
                (1) broadband infrastructure in rural areas, including
            estimates based on--
                        (A) current need; and

    [[Page 135 STAT. 1250]]

                        (B) projected need, if Congress enacts legislation
                    that accelerates broadband infrastructure construction
                    in the United States; and
                (2) the wireless infrastructure needed to support 5G
            wireless technology.

                        DIVISION G--OTHER AUTHORIZATIONS

             TITLE I--INDIAN WATER RIGHTS SETTLEMENT COMPLETION FUND

    SEC. 70101. <<NOTE: 25 USC 149.>>  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) <<NOTE: Effective dates.>> In general.--On the later of
            October 1, 2021, and the date of enactment of this Act, out of
            any funds in the Treasury not otherwise appropriated, the
            Secretary of the Treasury shall deposit in the Fund
            $2,500,000,000, to remain available until expended.
                (2) Availability.--Amounts deposited in the Fund under
            paragraph (1) shall be available to the Secretary of the
            Interior, without further appropriation or fiscal year
            limitation, for the uses described in subsection (c).

        (c) Uses.--Subject to subsection (d), amounts deposited in the Fund
    under subsection (b) shall be used by the Secretary of the Interior for
    transfers to funds or accounts authorized to receive discretionary
    appropriations, or to satisfy other obligations identified by the
    Secretary of the Interior, under an Indian water settlement approved and
    authorized by an Act of Congress before the date of enactment of this
    Act.
        (d) <<NOTE: Determinations.>> 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 <<NOTE: Wildland Fire Mitigation and Management Commission Act of
    2021.>>  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--

    [[Page 135 STAT. 1251]]

                        (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) <<NOTE: Time period.>> 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) <<NOTE: Time period.>>  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

    [[Page 135 STAT. 1252]]

            101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
            6511).
    SEC. 70203. ESTABLISHMENT OF COMMISSION.

        (a) <<NOTE: Deadline. Study. Recommenda- tions.>> 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) <<NOTE: Appointments.>>  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) <<NOTE: Appointments.>> 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

    [[Page 135 STAT. 1253]]

                                        (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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>> 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) <<NOTE: Time period.>> 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.--

    [[Page 135 STAT. 1254]]

                (1) In general.--Not later than 1 year after the date of the
            first meeting of the Commission, the Commission shall submit to
            the appropriate committees of Congress a report describing
            recommendations to prevent, mitigate, suppress, and manage
            wildland fires, including--
                        (A) policy recommendations, including
                    recommendations--
                              (i) to maximize the protection of human life,
                          community water supplies, homes, and other
                          essential structures, which may include
                          recommendations to expand the use of initial
                          attack strategies;
                              (ii) to facilitate efficient short- and long-
                          term forest management in residential and
                          nonresidential at-risk areas, which may include a
                          review of community wildfire protection plans;
                              (iii) to manage the wildland-urban interface;
                              (iv) to manage utility corridors;
                              (v) to rehabilitate land devastated by
                          wildland fire; and
                              (vi) to improve the capacity of the Secretary
                          of Agriculture and the Secretary of the Interior
                          to conduct hazardous fuels reduction projects;
                        (B) policy recommendations described in subparagraph
                    (A) with respect to any recommendations for--
                              (i) categorical exclusions from the
                          requirement to prepare an environmental impact
                          statement or analysis under the National
                          Environmental Policy Act of 1969 (42 U.S.C. 4321
                          et seq.); or
                              (ii) additional staffing or resources that may
                          be necessary to more expeditiously prepare an
                          environmental impact statement or analysis under
                          that Act;
                        (C) policy recommendations for modernizing and
                    expanding the use of technology, including satellite
                    technology, remote sensing, unmanned aircraft systems,
                    and any other type of emerging technology, to prevent,
                    mitigate, suppress, and manage wildland fires, including
                    any recommendations with respect to--
                              (i) the implementation of section 1114 of the
                          John D. Dingell, Jr. Conservation, Management, and
                          Recreation Act (43 U.S.C. 1748b-1); or
                              (ii) improving early wildland fire detection;
                        (D) <<NOTE: Assessments.>>  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

    [[Page 135 STAT. 1255]]

                                                (bb) the extent to which
                                            additional funds are necessary
                                            for the program;
                              (ii) <<NOTE: Evaluation.>> 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) <<NOTE: Determination.>>  such
                                    other programs as the Commission
                                    determines to be appropriate;
                              (iii) <<NOTE: Assessment.>> 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) <<NOTE: Review.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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).

    [[Page 135 STAT. 1256]]

        (b) Report on Aerial Wildland Firefighting Equipment Strategy and
    Inventory Assessment.--
                (1) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Classified information.>>  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).

    [[Page 135 STAT. 1257]]

    SEC. 70205. POWERS OF COMMISSION.

        (a) Hearings.--The Commission may hold such hearings, sit and act at
    such times and places, take such testimony, and receive such evidence as
    the Commission considers advisable to carry out this title.
        (b) Information From Federal Agencies.--
                (1) In general.--The Commission may secure directly from a
            Federal department or agency such information as the Commission
            considers necessary to carry out this title.
                (2) Furnishing information.--On request of the Chairpersons
            of the Commission, the head of the department or agency shall
            furnish the information to the Commission.

        (c) Postal Services.--The Commission may use the United States mails
    in the same manner and under the same conditions as other departments
    and agencies of the Federal Government.
        (d) Gifts.--The Commission may accept, use, and dispose of such
    gifts or donations of services or property as the Commission considers
    necessary to carry out this title.
    SEC. 70206. COMMISSION PERSONNEL MATTERS.

        (a) No Compensation.--A member of the Commission shall serve without
    compensation.
        (b) Travel Expenses.--A member of the Commission shall be allowed
    travel expenses, including per diem in lieu of subsistence, at rates
    authorized for employees of agencies under subchapter I of chapter 57 of
    title 5, United States Code, while away from their homes or regular
    places of business in the performance of services for the Commission.
        (c) Staff.--
                (1) In general.--The Chairpersons of the Commission may,
            without regard to the civil service laws (including
            regulations), appoint and terminate an executive director and
            such other additional personnel as may be necessary to enable
            the Commission to perform its duties, except that the employment
            of an executive director shall be subject to confirmation by the
            Commission.
                (2) Compensation.--The Chairpersons of the Commission may
            fix the compensation of the executive director and other
            personnel without regard to chapter 51 and subchapter III of
            chapter 53 of title 5, United States Code, relating to
            classification of positions and General Schedule pay rates,
            except that the rate of pay for the executive director and other
            personnel may not exceed the rate payable for level V of the
            Executive Schedule under section 5316 of that title.

        (d) Detail of Government Employees.--A Federal Government employee
    may be detailed to the Commission without reimbursement, and such detail
    shall be without interruption or loss of civil service status or
    privilege.
        (e) Procurement of Temporary and Intermittent Services.--The
    Chairpersons of the Commission may procure temporary and intermittent
    services under section 3109(b) of title 5, United States Code, at rates
    for individuals that do not exceed the daily equivalent of the annual
    rate of basic pay prescribed for level V of the Executive Schedule under
    section 5316 of that title.

    [[Page 135 STAT. 1258]]

    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 <<NOTE: Repairing Existing Public Land by Adding Necessary Trees
    Act.>>  III--REFORESTATION
    SEC. 70301. <<NOTE: 16 USC 1600 note.>>  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

    [[Page 135 STAT. 1259]]

                                    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--

    [[Page 135 STAT. 1260]]

                                                ``(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. <<NOTE: 16 USC 1601 note. Public information. Web
                                posting.>>  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) <<NOTE: Evaluation.>>  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);

    [[Page 135 STAT. 1261]]

                (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. <<NOTE: 42 USC 6966c.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Time period.>>  Authorization of
            appropriations.--There is authorized to be appropriated to the
            Administrator to carry out this

    [[Page 135 STAT. 1262]]

            subsection $10,000,000 for fiscal year 2022, to remain available
            until September 30, 2026.

        (c) Voluntary Labeling Guidelines.--
                (1) In general.--There is established within the
            Environmental Protection Agency a program (referred to in this
            subsection as the ``program'') to promote battery recycling
            through the development of--
                        (A) voluntary labeling guidelines for batteries; and
                        (B) other forms of communication materials for
                    battery producers and consumers about the reuse and
                    recycling of critical materials from batteries.
                (2) Purposes.--The purposes of the program are to improve
            battery collection and reduce battery waste, including by--
                        (A) identifying battery collection locations and
                    increasing accessibility to those locations;
                        (B) promoting consumer education about battery
                    collection and recycling; and
                        (C) reducing safety concerns relating to the
                    improper disposal of batteries.
                (3) Other standards and law.--The Administrator shall make
            every reasonable effort to ensure that voluntary labeling
            guidelines and other forms of communication materials developed
            under the program are consistent with--
                        (A) international battery labeling standards; and
                        (B) the Mercury-Containing and Rechargeable Battery
                    Management Act (42 U.S.C. 14301 et seq.).
                (4) <<NOTE: Time period.>>  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. <<NOTE: 42 USC 6966d.>>  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--

    [[Page 135 STAT. 1263]]

                              (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) <<NOTE: Determination.>>  such other activities
                    that the Administrator determines are appropriate to
                    carry out the purposes of this subsection.

    [[Page 135 STAT. 1264]]

                (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) <<NOTE: Consultation.>>  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.

    [[Page 135 STAT. 1265]]

                (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) <<NOTE: Determination.>>  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) <<NOTE: Time periods.>>  in subsection (e), in the
            matter preceding paragraph (1), by striking ``and from time to
            time, revise'' and inserting ``review not less frequently than
            once every 5 years, and, if appropriate, revise, in consultation
            with recyclers and manufacturers of products containing recycled
            content, not later than 2 years after the completion of the
            initial review after the date of enactment of the Infrastructure
            Investment and Jobs Act and thereafter, as appropriate''; and
                (2) by adding at the end the following:

        ``(j) Consultation and Provision of Information by Administrator.--
    The Administrator shall--
                ``(1) consult with each procuring agency, including
            contractors of the procuring agency, to clarify the
            responsibilities of the procuring agency under this section; and
                ``(2) provide to each procuring agency information on the
            requirements under this section and the responsibilities of the
            procuring agency under this section.

        ``(k) <<NOTE: Consultation.>>  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) <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 1266]]

                (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. <<NOTE: 7 USC 7624.>>  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.

    [[Page 135 STAT. 1267]]

        (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) <<NOTE: Time period.>>  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 <<NOTE: Cyber Response and Recovery Act.>>  A--Cyber Response
    and Recovery Act
    SEC. 70601. <<NOTE: 6 USC 101 note.>>  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. <<NOTE: 6 USC 677.>>  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. <<NOTE: 6 USC 677a.>>  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

    [[Page 135 STAT. 1268]]

            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. <<NOTE: 6 USC 677b.>>  DECLARATION.

        ``(a) In General.--
                ``(1) <<NOTE: Consultation. Determination.>>  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

    [[Page 135 STAT. 1269]]

                              ``(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) <<NOTE: Coordination.>>  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) <<NOTE: Determination.>>  a determination by the
            Secretary that the declaration is no longer necessary; or
                ``(2) <<NOTE: Effective date.>>  the expiration of the 120-
            day period beginning on the date on which the Secretary makes
            the declaration.

        ``(d) Renewal.--The Secretary, without delegation, may renew a
    declaration as necessary.
        ``(e) Publication.--
                ``(1) <<NOTE: Deadline. Federal Register, publication.>>  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) <<NOTE: Assessment.>>  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.

    [[Page 135 STAT. 1270]]

    ``SEC. 2234. <<NOTE: 6 USC 677c.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Requirement.>>  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. <<NOTE: 6 USC 677d.>>  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) <<NOTE: Estimate.>>  an estimation of the planned
            duration of the declaration;

    [[Page 135 STAT. 1271]]

                ``(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) <<NOTE: Analysis.>>  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) <<NOTE: Classified information. Determination.>>  may
            include a classified annex.

        ``(d) Consolidated Report.--The Secretary shall not be required to
    submit multiple reports under subsection (b) for multiple

    [[Page 135 STAT. 1272]]

    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. <<NOTE: 6 USC 677e.>>  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. <<NOTE: Time period. 6 USC 677f.>>  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. <<NOTE: 6 USC 677g.>>  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 <<NOTE: State and Local Cybersecurity Improvement Act.>>  B--
    State and Local Cybersecurity Improvement Act
    SEC. 70611. <<NOTE: 6 USC 101 note.>>  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. <<NOTE: 6 USC 665g.>>  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.

    [[Page 135 STAT. 1273]]

                ``(2) Cyber threat indicator.--The term `cyber threat
            indicator' has the meaning given the term in section 102 of the
            Cybersecurity Act of 2015 (6 U.S.C. 1501).
                ``(3) Cybersecurity plan.--The term `Cybersecurity Plan'
            means a plan submitted by an eligible entity under subsection
            (e)(1).
                ``(4) Eligible entity.--The term `eligible entity' means a--
                        ``(A) State; or
                        ``(B) Tribal government.
                ``(5) Incident.--The term `incident' has the meaning given
            the term in section 2209.
                ``(6) Information sharing and analysis organization.--The
            term `information sharing and analysis organization' has the
            meaning given the term in section 2222.
                ``(7) Information system.--The term `information system' has
            the meaning given the term in section 102 of the Cybersecurity
            Act of 2015 (6 U.S.C. 1501).
                ``(8) Multi-entity group.--The term `multi-entity group'
            means a group of 2 or more eligible entities desiring a grant
            under this section.
                ``(9) Online service.--The term `online service' means any
            internet-facing service, including a website, email, virtual
            private network, or custom application.
                ``(10) Rural area.--The term `rural area' has the meaning
            given the term in section 5302 of title 49, United States Code.
                ``(11) State and local cybersecurity grant program.--The
            term `State and Local Cybersecurity Grant Program' means the
            program established under subsection (b).
                ``(12) Tribal government.--The term `Tribal government'
            means the recognized governing body of any Indian or Alaska
            Native Tribe, band, nation, pueblo, village, community,
            component band, or component reservation, that is individually
            identified (including parenthetically) in the most recent list
            published pursuant to Section 104 of the Federally Recognized
            Indian Tribe List Act of 1994 (25 U.S.C. 5131).

        ``(b) Establishment.--
                ``(1) In general.--There is established within the
            Department a program to award grants to eligible entities to
            address cybersecurity risks and cybersecurity threats to
            information systems owned or operated by, or on behalf of,
            State, local, or Tribal governments.
                ``(2) Application.--An eligible entity desiring a grant
            under the State and Local Cybersecurity Grant Program shall
            submit to the Secretary an application at such time, in such
            manner, and containing such information as the Secretary may
            require.

        ``(c) Administration.--The State and Local Cybersecurity Grant
    Program shall be administered in the same office of the Department that
    administers grants made under sections 2003 and 2004.
        ``(d) Use of Funds.--An eligible entity that receives a grant under
    this section and a local government that receives funds from a grant
    under this section, as appropriate, shall use the grant to--
                ``(1) implement the Cybersecurity Plan of the eligible
            entity;
                ``(2) develop or revise the Cybersecurity Plan of the
            eligible entity;

    [[Page 135 STAT. 1274]]

                ``(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,

    [[Page 135 STAT. 1275]]

                          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

    [[Page 135 STAT. 1276]]

                                    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) <<NOTE: Coordination. Strategies.>>
                          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) <<NOTE: Assessment.>>  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) <<NOTE: Timeline.>>  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) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 1277]]

                        ``(C) include a description of programs provided by
                    the eligible entity to support local governments and
                    owners and operators of critical infrastructure to
                    address cybersecurity risks and cybersecurity threats.

        ``(f) Multi-entity Grants.--
                ``(1) In general.--The Secretary may award grants under this
            section to a multi-entity group to support multi-entity efforts
            to address cybersecurity risks and cybersecurity threats to
            information systems within the jurisdictions of the eligible
            entities that comprise the multi-entity group.
                ``(2) Satisfaction of other requirements.--In order to be
            eligible for a multi-entity grant under this subsection, each
            eligible entity that comprises a multi-entity group shall have--
                        ``(A) a Cybersecurity Plan that has been reviewed by
                    the Secretary in accordance with subsection (i); and
                        ``(B) a cybersecurity planning committee established
                    in accordance with subsection (g).
                ``(3) Application.--
                        ``(A) In general.--A multi-entity group applying for
                    a multi-entity grant under paragraph (1) shall submit to
                    the Secretary an application at such time, in such
                    manner, and containing such information as the Secretary
                    may require.
                        ``(B) Multi-entity project plan.--An application for
                    a grant under this section of a multi-entity group under
                    subparagraph (A) shall include a plan describing--
                              ``(i) the division of responsibilities among
                          the eligible entities that comprise the multi-
                          entity group;
                              ``(ii) the distribution of funding from the
                          grant among the eligible entities that comprise
                          the multi-entity group; and
                              ``(iii) how the eligible entities that
                          comprise the multi-entity group will work together
                          to implement the Cybersecurity Plan of each of
                          those eligible entities.

        ``(g) Planning Committees.--
                ``(1) In general.--An eligible entity that receives a grant
            under this section shall establish a cybersecurity planning
            committee to--
                        ``(A) assist with the development, implementation,
                    and revision of the Cybersecurity Plan of the eligible
                    entity;
                        ``(B) approve the Cybersecurity Plan of the eligible
                    entity; and
                        ``(C) assist with the determination of effective
                    funding priorities for a grant under this section in
                    accordance with subsections (d) and (j).
                ``(2) Composition.--A committee of an eligible entity
            established under paragraph (1) shall--
                        ``(A) be comprised of representatives from--
                              ``(i) the eligible entity;
                              ``(ii) if the eligible entity is a State,
                          counties, cities, and towns within the
                          jurisdiction of the eligible entity; and
                              ``(iii) institutions of public education and
                          health within the jurisdiction of the eligible
                          entity; and
                        ``(B) include, as appropriate, representatives of
                    rural, suburban, and high-population jurisdictions.

    [[Page 135 STAT. 1278]]

                ``(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) <<NOTE: Consultation.>>  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) <<NOTE: Review.>>  review the
                          Cybersecurity Plan of the eligible entity,
                          including any revised Cybersecurity Plans of the
                          eligible entity; and
                              ``(ii) <<NOTE: Determination.>>  determine
                          that the Cybersecurity Plan reviewed under clause
                          (i) satisfies the requirements under paragraph
                          (2).
                        ``(B) <<NOTE: Effective date.>>  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) <<NOTE: Deadline. Determinations.>>  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,

    [[Page 135 STAT. 1279]]

            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) <<NOTE: Deadline. Review. Certification.>>
            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

    [[Page 135 STAT. 1280]]

            used State, local, or Tribal funds to support the same or
            similar uses.

        ``(k) Opportunity to Amend Applications.--In considering
    applications for grants under this section, the Secretary shall provide
    applicants with a reasonable opportunity to correct any defects in those
    applications before making final awards, including by allowing
    applicants to revise a submitted Cybersecurity Plan.
        ``(l) Apportionment.--For fiscal year 2022 and each fiscal year
    thereafter, the Secretary shall apportion amounts appropriated to carry
    out this section among eligible entities as follows:
                ``(1) Baseline amount.--The Secretary shall first
            apportion--
                        ``(A) 0.25 percent of such amounts to each of
                    American Samoa, the Commonwealth of the Northern Mariana
                    Islands, Guam, and the United States Virgin Islands;
                        ``(B) 1 percent of such amounts to each of the
                    remaining States; and
                        ``(C) 3 percent of such amounts to Tribal
                    governments.
                ``(2) Remainder.--The Secretary shall apportion the
            remainder of such amounts to States as follows:
                        ``(A) 50 percent of such remainder in the ratio that
                    the population of each State, bears to the population of
                    all States; and
                        ``(B) 50 percent of such remainder in the ratio that
                    the population of each State that resides in rural
                    areas, bears to the population of all States that
                    resides in rural areas.
                ``(3) Apportionment among tribal governments.--In
            determining how to apportion amounts to Tribal governments under
            paragraph (1)(C), the Secretary shall consult with the Secretary
            of the Interior and Tribal governments.
                ``(4) Multi-entity grants.--An amount received from a multi-
            entity grant awarded under subsection (f)(1) by a State or
            Tribal government that is a member of the multi-entity group
            shall qualify as an apportionment for the purpose of this
            subsection.

        ``(m) Federal Share.--
                ``(1) In general.--The Federal share of the cost of an
            activity carried out using funds made available with a grant
            under this section may not exceed--
                        ``(A) in the case of a grant to an eligible entity--
                              ``(i) for fiscal year 2022, 90 percent;
                              ``(ii) for fiscal year 2023, 80 percent;
                              ``(iii) for fiscal year 2024, 70 percent; and
                              ``(iv) for fiscal year 2025, 60 percent; and
                        ``(B) in the case of a grant to a multi-entity
                    group--
                              ``(i) for fiscal year 2022, 100 percent;
                              ``(ii) for fiscal year 2023, 90 percent;
                              ``(iii) for fiscal year 2024, 80 percent; and
                              ``(iv) for fiscal year 2025, 70 percent.
                ``(2) Waiver.--
                        ``(A) In general.--The Secretary may waive or modify
                    the requirements of paragraph (1) if an eligible entity
                    or multi-entity group demonstrates economic hardship.
                        ``(B) <<NOTE: Publication. Determination.>>
                    Guidelines.--The Secretary shall establish and publish
                    guidelines for determining what constitutes economic
                    hardship for the purposes of this subsection.

    [[Page 135 STAT. 1281]]

                        ``(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) <<NOTE: Consultation. Determination.>>  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) <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 1282]]

                              ``(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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  in the case of
                          an eligible entity that is a State, directly to
                          the appropriate local government as a

    [[Page 135 STAT. 1283]]

                          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) <<NOTE: Deadline.>>  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).

    [[Page 135 STAT. 1284]]

                ``(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) <<NOTE: Web posting.>>  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) <<NOTE: Consultation. Determination.>>
                    Redactions.--In making each report publicly available
                    under subparagraph (A), the Director may make redactions
                    that the Director, in consultation with each eligible
                    entity, determines necessary to protect classified or
                    other information exempt from disclosure under section
                    552 of title 5, United States Code (commonly referred to
                    as the `Freedom of Information Act').
                ``(4) Study of risk-based formulas.--
                        ``(A) <<NOTE: Deadline. Recommenda- tions.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1285]]

                    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) <<NOTE: Determination. Consultation.>>
                    describes the cybersecurity needs of Tribal governments,
                    which shall be determined in consultation with the
                    Secretary of the Interior and Tribal governments; and
                        ``(B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Deadline.>>  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.''.

    [[Page 135 STAT. 1286]]

                     TITLE VII--PUBLIC-PRIVATE PARTNERSHIPS

    SEC. 70701. <<NOTE: 23 USC 601 note.>>  VALUE FOR MONEY ANALYSIS.

        (a) <<NOTE: Evaluation.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1287]]

                (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) <<NOTE: Web posting.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Coordination.>>  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

    [[Page 135 STAT. 1288]]

                                    Education Assistance Act (25 U.S.C.
                                    5304)), an Alaska Native Corporation, a
                                    Native Hawaiian organization (as defined
                                    in section 6207 of the Elementary and
                                    Secondary Education Act of 1965 (20
                                    U.S.C. 7517)), the Department of
                                    Hawaiian Home Lands, or the Office of
                                    Hawaiian Affairs; and
                                        ``(III) located on land owned or
                                    under the jurisdiction of the entity
                                    that sponsors the activity under
                                    subclause (II); or''; and
                (5) in paragraph (8), by striking ``means'' and all that
            follows through the period at the end and inserting ``has the
            meaning given the term in section 1508.1 of title 40, Code of
            Federal Regulations (or successor regulations).''.

        (b) Federal Permitting Improvement Steering Council.--Section 41002
    of the FAST Act (42 U.S.C. 4370m-1) is amended--
                (1) in the section heading, by striking ``federal permitting
            improvement council'' and inserting ``federal permitting
            improvement steering council'';
                (2) in subsection (b)(2)(A)--
                        (A) in clause (i)--
                              (i) by striking ``Each'' and inserting the
                          following:
                                        ``(I) In general.--Each''; and
                              (ii) by adding at the end the following:

                                    ``(II) <<NOTE: Notification. Deadline.>>
                                     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) <<NOTE: Performance schedules.>>  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) <<NOTE: Consultations. Time
                                    period.>>  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

    [[Page 135 STAT. 1289]]

                                            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

    [[Page 135 STAT. 1290]]

                              ``(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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>
                                    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:

    [[Page 135 STAT. 1291]]

                                        ``(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:

    [[Page 135 STAT. 1292]]

                ``(3) where an environmental impact statement is required
            for a project, prepare a single, joint interagency environmental
            impact statement for the project unless the lead agency provides
            justification in the coordinated project plan that multiple
            environmental documents are more efficient for project review
            and authorization.'';
                (2) in subsection (b)--
                        (A) by striking ``(1) State environmental documents;
                    supplemental documents.--'';
                        (B) by redesignating subparagraphs (A) through (E)
                    as paragraphs (1) through (5), respectively, and
                    indenting appropriately;
                        (C) in paragraph (1) (as so redesignated)--
                              (i) by redesignating clauses (i) and (ii) as
                          subparagraphs (A) and (B), respectively, and
                          indenting appropriately; and
                              (ii) in subparagraph (A) (as so
                          redesignated)--
                                        (I) by striking ``State laws and
                                    procedures'' and inserting ``the laws
                                    and procedures of a State or Indian
                                    Tribe (as defined in section 102 of the
                                    Federally Recognized Indian Tribe List
                                    Act of 1994 (25 U.S.C. 5130))''; and
                                        (II) by inserting ``developed
                                    pursuant to laws and procedures of that
                                    State or Indian Tribe (as so defined)
                                    that are of equal or greater rigor to
                                    each applicable Federal law and
                                    procedure, and'' after ``Council on
                                    Environmental Quality,'';
                        (D) in paragraph (2) (as so redesignated), by
                    striking ``subparagraph (A)'' each place it appears and
                    inserting ``paragraph (1)'';
                        (E) in paragraph (3) (as so redesignated)--
                              (i) in the matter preceding clause (i), by
                          striking ``subparagraph (A)'' and inserting
                          ``paragraph (1)''; and
                              (ii) by redesignating clauses (i) and (ii) as
                          subparagraphs (A) and (B), respectively, and
                          indenting appropriately;
                        (F) in paragraph (4) (as so redesignated)--
                              (i) in the matter preceding clause (i), by
                          striking ``subparagraph (C)'' and inserting
                          ``paragraph (3)''; and
                              (ii) by redesignating clauses (i) and (ii) as
                          subparagraphs (A) and (B), respectively, and
                          indenting appropriately; and
                        (G) in paragraph (5) (as so redesignated)--
                              (i) by striking ``subparagraph (A)'' and
                          inserting ``paragraph (1)''; and
                              (ii) by striking ``subparagraph (C)'' and
                          inserting ``paragraph (3)'';
                (3) in subsection (c)(4)--
                        (A) in the matter preceding subparagraph (A), by
                    striking ``determines that the development of the higher
                    level of detail will not prevent--'' and inserting
                    ``determines that--'';
                        (B) in subparagraph (A), by inserting ``the
                    development of the higher level of detail will not
                    prevent'' before ``the lead agency''; and
                        (C) by striking subparagraph (B) and inserting the
                    following:

    [[Page 135 STAT. 1293]]

                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Consultation. Regulations. Reimbursement.>>  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

    [[Page 135 STAT. 1294]]

    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) <<NOTE: Repeal.>>  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 <<NOTE: Build America, Buy America Act.>>  A--Build America,
    Buy America
    SEC. 70901. <<NOTE: 41 USC 8301 note.>>  SHORT TITLE.

        This subtitle may be cited as the ``Build America, Buy America
    Act''.

    [[Page 135 STAT. 1295]]

                    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

    [[Page 135 STAT. 1296]]

            transportation, dams, ports, harbors, and other maritime
            facilities, intercity passenger and freight railroads, freight
            and intermodal facilities, airports, water systems, including
            drinking water and wastewater systems, electrical transmission
            facilities and systems, utilities, broadband infrastructure, and
            buildings and real property;
                (11) Buy America laws create demand for domestically
            produced goods, helping to sustain and grow domestic
            manufacturing and the millions of jobs domestic manufacturing
            supports throughout product supply chains;
                (12) as of the date of enactment of this Act, domestic
            content procurement preference policies apply to all Federal
            Government procurement and to various Federal-aid infrastructure
            programs;
                (13) a robust domestic manufacturing sector is a vital
            component of the national security of the United States;
                (14) as more manufacturing operations of the United States
            have moved offshore, the strength and readiness of the defense
            industrial base of the United States has been diminished; and
                (15) domestic content procurement preference laws--
                        (A) are fully consistent with the international
                    obligations of the United States; and
                        (B) together with the government procurements to
                    which the laws apply, are important levers for ensuring
                    that United States manufacturers can access the
                    government procurement markets of the trading partners
                    of the United States.
    SEC. 70912. DEFINITIONS.

        In this part:
                (1) Deficient program.--The term ``deficient program'' means
            a program identified by the head of a Federal agency under
            section 70913(c).
                (2) Domestic content procurement preference.--The term
            ``domestic content procurement preference'' means a requirement
            that no amounts made available through a program for Federal
            financial assistance may be obligated for a project unless--
                        (A) all iron and steel used in the project are
                    produced in the United States;
                        (B) the manufactured products used in the project
                    are produced in the United States; or
                        (C) the construction materials used in the project
                    are produced in the United States.
                (3) Federal agency.--The term ``Federal agency'' means any
            authority of the United States that is an ``agency'' (as defined
            in section 3502 of title 44, United States Code), other than an
            independent regulatory agency (as defined in that section).
                (4) Federal financial assistance.--
                        (A) In general.--The term ``Federal financial
                    assistance'' has the meaning given the term in section
                    200.1 of title 2, Code of Federal Regulations (or
                    successor regulations).
                        (B) Inclusion.--The term ``Federal financial
                    assistance'' includes all expenditures by a Federal
                    agency to a non-Federal entity for an infrastructure
                    project, except

    [[Page 135 STAT. 1297]]

                    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) <<NOTE: Notice. Reports.>>  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) <<NOTE: Federal Register, publication.>>  publish in the
            Federal Register the report under paragraph (1).

    [[Page 135 STAT. 1298]]

        (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) <<NOTE: Assessment.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  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--

    [[Page 135 STAT. 1299]]

                (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) <<NOTE: Public information. Web
            postings. Determination.>>  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) <<NOTE: Time period. Public comment.>>  provide a period
            of not less than 15 days for public comment on the proposed
            waiver.

        (d) Review of Waivers of General Applicability.--
                (1) <<NOTE: Time period.>>  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) <<NOTE: Federal Register, publication.>>  Review.--In
            conducting a review of a general applicability waiver, the head
            of a Federal agency shall--
                        (A) <<NOTE: Notice.>>  publish in the Federal
                    Register a notice that--
                              (i) describes the justification for a general
                          applicability waiver; and
                              (ii) <<NOTE: Public comments. Time period.>>
                          requests public comments for a period of not less
                          than 30 days on the continued need for a general
                          applicability waiver; and
                        (B) <<NOTE: Determination.>>  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 <<NOTE: Time period. Effective
            date.>>  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) <<NOTE: Applicability.>>  Consistency With International
    Agreements.--This section shall be applied in a manner consistent with
    United States obligations under international agreements.
    SEC. 70915. OMB GUIDANCE AND STANDARDS.

        (a) Guidance.--The Director of the Office of Management and Budget
    shall--
                (1) issue guidance to the head of each Federal agency--
                        (A) to assist in identifying deficient programs
                    under section 70913(c); and
                        (B) to assist in applying new domestic content
                    procurement preferences under section 70914; and
                (2) if necessary, amend subtitle A of title 2, Code of
            Federal Regulations (or successor regulations), to ensure that
            domestic content procurement preference requirements required by
            this

    [[Page 135 STAT. 1300]]

            part or other Federal law are imposed through the terms and
            conditions of awards of Federal financial assistance.

        (b) Standards for Construction Materials.--
                (1) <<NOTE: Standards.>>  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) <<NOTE: Deadline.>>  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) <<NOTE: Procedures. Consultation.>>  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

    [[Page 135 STAT. 1301]]

    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) <<NOTE: Update. Recommenda- tions.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Deadline. Consultation.>>  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,

    [[Page 135 STAT. 1302]]

    and enforce the Buy American Act. The regulations or other policy or
    management guidance shall include, at a minimum, the following:
                (1) <<NOTE: Determination.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Procedures. Public information. Web
            posting. Time periods. Waiver.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Contracts.>>  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.

    [[Page 135 STAT. 1303]]

                (2) Assessment on use of dumped or subsidized foreign
            products.--
                        (A) In general.--To the extent otherwise permitted
                    by law, before granting a waiver in the public interest
                    to the guidelines developed under subsection (a)(1) with
                    respect to a product sourced from a foreign country, a
                    Federal agency shall assess whether a significant
                    portion of the cost advantage of the product is the
                    result of the use of dumped steel, iron, or manufactured
                    goods or the use of injuriously subsidized steel, iron,
                    or manufactured goods.
                        (B) Consultation.--The Federal agency conducting the
                    assessment under subparagraph (A) shall consult with the
                    International Trade Administration in making the
                    assessment if the agency considers such consultation to
                    be helpful.
                        (C) Use of findings.--The Federal agency conducting
                    the assessment under subparagraph (A) shall integrate
                    any findings from the assessment into its waiver
                    determination.

        (c) Sense of Congress on Increasing Domestic Content Requirements.--
    It is the sense of Congress that the Federal Acquisition Regulatory
    Council should amend the Federal Acquisition Regulation to increase the
    domestic content requirements for domestic end products and domestic
    construction material to 75 percent, or, in the event of no qualifying
    offers, 60 percent.
        (d) Definition of End Product Manufactured in the United States.--
    Not later than 1 year <<NOTE: Deadline.>>  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) <<NOTE: Applicability.>>  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

    [[Page 135 STAT. 1304]]

                (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 <<NOTE: Applicability.>>  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) <<NOTE: Time period. Consultation.>>  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

    [[Page 135 STAT. 1305]]

                        (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) <<NOTE: Appointment.>>  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.

    [[Page 135 STAT. 1306]]

                (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) <<NOTE: Time period.>>  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) <<NOTE: Summary.>>  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) <<NOTE: List. Waivers.>>  an itemized list of
                    all waivers made under the Buy American Act with respect
                    to articles, materials, or supplies, where available,
                    and the country where such articles, materials, or
                    supplies were mined, produced, or manufactured;
                        (C) if any articles, materials, or supplies were
                    acquired from entities that mine, produce, or
                    manufacture such articles, materials, or supplies
                    outside the United States due to an exception (that is
                    not the micro-purchase threshold exception described
                    under section 8302(a)(2)(C) of title 41, United States
                    Code), the specific exception that was used to purchase
                    such articles, materials, or supplies; and

    [[Page 135 STAT. 1307]]

                        (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) <<NOTE: Contracts. Reports. Deadline. Determination.>>  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 <<NOTE: Assessment.>>  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) <<NOTE: Summary.>>  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

    [[Page 135 STAT. 1308]]

            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. <<NOTE: Applicability.>>  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) <<NOTE: Determinations.>>  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.

    [[Page 135 STAT. 1309]]

                        (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 <<NOTE: BuyAmerican.gov Act of 2021.>>  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--

    [[Page 135 STAT. 1310]]

                (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. <<NOTE: Public information.>>  ASSESSMENT OF IMPACT OF
                                FREE TRADE AGREEMENTS.

        Not later than 150 days after the date of the enactment of this Act,
    the Secretary of Commerce, the United States Trade Representative, and
    the Director of the Office of Management and Budget shall assess the
    impacts in a publicly available report of all United States free trade
    agreements, the World Trade Organization Agreement on Government
    Procurement, and Federal permitting processes on the operation of Buy
    American laws, including their impacts on the implementation of domestic
    procurement preferences.
    SEC. 70935. JUDICIOUS USE OF WAIVERS.

        (a) In General.--To the extent permitted by law, a Buy American
    waiver that is determined by an agency head or other relevant official
    to be in the public interest shall be construed to ensure the maximum
    utilization of goods, products, and materials produced in the United
    States.
        (b) Public Interest Waiver Determinations.--To the extent permitted
    by law, determination of public interest waivers shall be made by the
    head of the agency with the authority over the Federal financial
    assistance award or Federal procurement under consideration.
    SEC. 70936. ESTABLISHMENT OF BUYAMERICAN.GOV WEBSITE.

        (a) <<NOTE: Deadline.>>  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 <<NOTE: Determination. Data.>>  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 <<NOTE: Public
    information.>>  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) <<NOTE: Consultation.>>  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

    [[Page 135 STAT. 1311]]

    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) <<NOTE: Public comment. Time period.>>  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) <<NOTE: Certification.>>  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

    [[Page 135 STAT. 1312]]

            a product from a domestic source and the reasons why a domestic
            product was not available from a domestic source. Those
            explanations <<NOTE: Public comments. Determination.>>  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. <<NOTE: Recommenda- tions.>>  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. <<NOTE: Applicability.>>  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 <<NOTE: Make PPE in America Act.>>  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).

    [[Page 135 STAT. 1313]]

                (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 <<NOTE: Effective date.>>  after the date of the enactment of this
    Act,

    [[Page 135 STAT. 1314]]

    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) <<NOTE: Time period.>>  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) <<NOTE: Certification. Time period.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Strategy.>>  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) <<NOTE: Estimate.>>  An estimate of long-term
                    demand quantities for all PPE items procured by the
                    United States.

    [[Page 135 STAT. 1315]]

                        (C) <<NOTE: Recommenda- tions.>>  Recommendations
                    for congressional action required to implement the
                    United States Government's procurement strategy.
                        (D) <<NOTE: Determination.>>  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. <<NOTE: 6 USC 321r.>>  TRANSFER OF EQUIPMENT DURING A
                            PUBLIC HEALTH EMERGENCY.

        ``(a) <<NOTE: Reimbursement.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Certification.>>  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

    [[Page 135 STAT. 1316]]

                              ``(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) <<NOTE: Classified information.>>  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) <<NOTE: Coordination.>>  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) <<NOTE: Deadline.>>  within 1 year of their
                    expiration date; or
                        ``(B) <<NOTE: Determination.>>  determined by the
                    Secretary to no longer be needed in the stockpile due to
                    advances in medical or technical capabilities.''.

        (g) <<NOTE: President.>>  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. <<NOTE: 23 USC 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.

    [[Page 135 STAT. 1317]]

                ``(2) Asset concession.--The term `asset concession' means a
            contract between an eligible entity and a concessionaire--
                        ``(A) under which--
                              ``(i) the eligible entity agrees to enter into
                          a concession agreement or long-term lease with the
                          concessionaire relating to an approved
                          infrastructure asset owned, controlled, or
                          maintained by the eligible entity;
                              ``(ii) as consideration for the agreement or
                          lease described in clause (i), the concessionaire
                          agrees--
                                        ``(I) to provide to the eligible
                                    entity 1 or more asset concession
                                    payments; and
                                        ``(II) to maintain or exceed the
                                    condition, performance, and service
                                    level of the approved infrastructure
                                    asset, as compared to that condition,
                                    performance, and service level on the
                                    date of execution of the agreement or
                                    lease; and
                              ``(iii) the eligible entity and the
                          concessionaire agree that the costs for a fiscal
                          year of the agreement or lease, and any project
                          carried out under the agreement or lease, shall
                          not be shifted to any taxpayer the annual
                          household income of whom is less than $400,000 per
                          year, including through taxes, user fees, tolls,
                          or any other measure, for use of an approved
                          infrastructure asset; and
                        ``(B) the terms of which do not include any
                    noncompete or exclusivity restriction (or any other,
                    similar restriction) on the approval of another project.
                ``(3) Asset concession payment.--The term `asset concession
            payment' means a payment that--
                        ``(A) is made by a concessionaire to an eligible
                    entity for fair market value that is determined as part
                    of the asset concession; and
                        ``(B) may be--
                              ``(i) a payment made at the financial close of
                          an asset concession; or
                              ``(ii) a series of payments scheduled to be
                          made for--
                                        ``(I) a fixed period; or
                                        ``(II) the term of an asset
                                    concession.
                ``(4) Concessionaire.--The term `concessionaire' means a
            private individual or a private or publicly chartered
            corporation or entity that enters into an asset concession with
            an eligible entity.
                ``(5) Eligible entity.--
                        ``(A) In general.--The term `eligible entity' means
                    an entity described in subparagraph (B) that--
                              ``(i) owns, controls, or maintains an approved
                          infrastructure asset; and
                              ``(ii) has the legal authority to enter into a
                          contract to transfer ownership, maintenance,
                          operations, revenues, or other benefits and
                          responsibilities for an approved infrastructure
                          asset.
                        ``(B) Entities described.--An entity referred to in
                    subparagraph (A) is any of the following:
                              ``(i) A State.
                              ``(ii) A Tribal government.
                              ``(iii) A unit of local government.

    [[Page 135 STAT. 1318]]

                              ``(iv) An agency or instrumentality of a
                          State, Tribal government, or unit of local
                          government.
                              ``(v) A special purpose district or public
                          authority.

        ``(b) <<NOTE: Grants. Evaluation.>>  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) <<NOTE: Evaluation.>>  evaluating options for
                    the structure and use of asset concession payments;
                        ``(E) <<NOTE: Evaluation.>>  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) <<NOTE: Coordination.>>  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,

    [[Page 135 STAT. 1319]]

                    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) <<NOTE: Time period.>>  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) <<NOTE: Deadline. Public
                    information. Certification.>>  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) <<NOTE: Analysis. Assessment. Determination.>>
                    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;

    [[Page 135 STAT. 1320]]

                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Evaluation.>>  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) <<NOTE: Public information. Reports.>>  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) <<NOTE: Effective date. Time period. Transfer
            authority.>>  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, <<NOTE: 23 USC 601 prec.>>  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) <<NOTE: Analysis.>>  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) <<NOTE: Proposals.>>  proposals for approaches that
            address those impediments while continuing to protect the public
            interest and any public investment in transportation
            improvements.

    [[Page 135 STAT. 1321]]

                    TITLE XI--CLEAN SCHOOL BUSES AND FERRIES

    SEC. 71101. CLEAN SCHOOL BUS PROGRAM.

        Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is
    amended to read as follows:
    ``SEC. 741. CLEAN SCHOOL BUS PROGRAM.

        ``(a) Definitions.--In this section:
                ``(1) Administrator.--The term `Administrator' means the
            Administrator of the Environmental Protection Agency.
                ``(2) Alternative fuel.--The term `alternative fuel' means
            liquefied natural gas, compressed natural gas, hydrogen,
            propane, or biofuels.
                ``(3) Clean school bus.--The term `clean school bus' means a
            school bus that--
                        ``(A) the Administrator certifies reduces emissions
                    and is operated entirely or in part using an alternative
                    fuel; or
                        ``(B) is a zero-emission school bus.
                ``(4) Eligible contractor.--The term `eligible contractor'
            means a contractor that is a for-profit, not-for-profit, or
            nonprofit entity that has the capacity--
                        ``(A) to sell clean school buses, zero-emission
                    school buses, charging or fueling infrastructure, or
                    other equipment needed to charge, fuel, or maintain
                    clean school buses or zero-emission school buses, to
                    individuals or entities that own a school bus or a fleet
                    of school buses; or
                        ``(B) to arrange financing for such a sale.
                ``(5) Eligible recipient.--
                        ``(A) In general.--Subject to subparagraph (B), the
                    term `eligible recipient' means--
                              ``(i) 1 or more local or State governmental
                          entities responsible for--
                                        ``(I) providing school bus service
                                    to 1 or more public school systems; or
                                        ``(II) the purchase of school buses;
                              ``(ii) an eligible contractor;
                              ``(iii) a nonprofit school transportation
                          association; or
                              ``(iv) an Indian Tribe (as defined in section
                          4 of the Indian Self-Determination and Education
                          Assistance Act (25 U.S.C. 5304)), Tribal
                          organization (as defined in that section), or
                          tribally controlled school (as defined in section
                          5212 of the Tribally Controlled Schools Act of
                          1988 (25 U.S.C. 2511)) that is responsible for--
                                        ``(I) providing school bus service
                                    to 1 or more Bureau-funded schools (as
                                    defined in section 1141 of the Education
                                    Amendments of 1978 (25 U.S.C. 2021)); or
                                        ``(II) the purchase of school buses.
                        ``(B) Special requirements.--In the case of eligible
                    recipients identified under clauses (ii) and (iii) of
                    subparagraph (A), the Administrator shall establish
                    timely and appropriate requirements for notice and shall
                    establish

    [[Page 135 STAT. 1322]]

                    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) <<NOTE: Determinations.>>  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) <<NOTE: Grants. Contracts.>>  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) <<NOTE: Criteria.>>  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.

    [[Page 135 STAT. 1323]]

                        ``(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.

    [[Page 135 STAT. 1324]]

                        ``(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) <<NOTE: Deadline.>>  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) <<NOTE: Determination.>>  any other
                          information that is necessary, as determined by
                          the Administrator; and
                        ``(E) include, as appropriate, information from the
                    annual report required under subsection (b)(7).

        ``(d) Administrative Costs.--The Administrator may use, for the
    administrative costs of carrying out this section, not more than 3
    percent of the amounts made available to carry out this section for any
    fiscal year.
        ``(e) Regulations.--The Administrator shall have the authority to
    issue such regulations or other guidance, forms, instructions, and
    publications as may be necessary or appropriate to carry out the
    programs, projects, or activities authorized under this section,
    including to ensure that such programs, projects, or activities are

    [[Page 135 STAT. 1325]]

    completed in a timely and effective manner, result in emissions
    reductions, and maximize public health benefits.
        ``(f) <<NOTE: Time period.>>  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) <<NOTE: Regulations.>>  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) <<NOTE: Time period.>>  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.

    [[Page 135 STAT. 1326]]

    SEC. 71103. <<NOTE: 23 USC 147 note.>>  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) <<NOTE: Requirements.>>  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) <<NOTE: Time period.>>  Funding.--There is authorized to be
    appropriated to the Secretary to carry out this section $200,000,000 for
    each of fiscal years 2022 through 2026.

        (g) Operating Costs.--
                (1) Section 147 of title 23, United States Code, is amended
            by adding at the end the following:

        ``(k) Additional Uses.--Notwithstanding any other provision of law,
    in addition to other uses of funds under this section, an eligible
    entity may use amounts made available under this section to pay the
    operating costs of the eligible entity.''.
                (2) Section 218(c) of title 23, United States Code (as
            amended by section 11116 of division A), is amended by inserting
            ``operation, repair,'' after ``purchase,''.
    SEC. 71104. EXPANDING THE FUNDING AUTHORITY FOR RENOVATING,
                                CONSTRUCTING, AND EXPANDING CERTAIN
                                FACILITIES.

        Section 509 of the Indian Health Care Improvement Act (25 U.S.C.
    1659) is amended--
                (1) by striking ``minor'' before ``renovations''; and
                (2) by striking ``, to assist'' and all that follows through
            ``standards''.

    [[Page 135 STAT. 1327]]

                         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 <<NOTE: 26 USC 9503.>>  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''.

    [[Page 135 STAT. 1328]]

                (2) Section 4483(i) of such Code <<NOTE: 26 USC 4483.>>  is
            amended by striking ``October 1, 2023'' and inserting ``October
            1, 2029''.

        (e) Extension of Transfers of Certain Taxes.--
                (1) In general.--Section 9503 of the Internal Revenue Code
            of 1986 is amended--
                        (A) in subsection (b)--
                              (i) by striking ``October 1, 2022'' each place
                          it appears in paragraphs (1) and (2) and inserting
                          ``October 1, 2028'';
                              (ii) by striking ``October 1, 2022'' in the
                          heading of paragraph (2) and inserting ``October
                          1, 2028'';
                              (iii) by striking ``September 30, 2022'' in
                          paragraph (2) and inserting ``September 30,
                          2028''; and
                              (iv) by striking ``July 1, 2023'' in paragraph
                          (2) and inserting ``July 1, 2029''; and
                        (B) in subsection (c)(2), by striking ``July 1,
                    2023'' and inserting ``July 1, 2029''.
                (2) Motorboat and small-engine fuel tax transfers.--
                        (A) In general.--Paragraphs (3)(A)(i) and (4)(A) of
                    section 9503(c) of such Code are each amended by
                    striking ``October 1, 2022'' and inserting ``October 1,
                    2028''.
                        (B) Conforming amendments to land and water
                    conservation fund.--Section 200310 of title 54, United
                    States Code, is amended--
                              (i) by striking ``October 1, 2023'' each place
                          it appears and inserting ``October 1, 2029''; and
                              (ii) by striking ``October 1, 2022'' and
                          inserting ``October 1, 2028''.

        (f) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2021.
    SEC. 80103. FURTHER ADDITIONAL TRANSFERS TO TRUST FUND.

        Subsection (f) of section 9503 of the Internal Revenue Code of 1986
    is amended by redesignating paragraph (11) as paragraph (12) and
    inserting after paragraph (10) the following new paragraph:
                ``(11) Further transfers to trust fund.--Out of money in the
            Treasury not otherwise appropriated, there is hereby
            appropriated--
                        ``(A) $90,000,000,000 to the Highway Account (as
                    defined in subsection (e)(5)(B)) in the Highway Trust
                    Fund; and
                        ``(B) $28,000,000,000 to the Mass Transit Account in
                    the Highway Trust Fund.''.

                          TITLE II--CHEMICAL SUPERFUND

    SEC. 80201. EXTENSION AND MODIFICATION OF CERTAIN SUPERFUND EXCISE
                                TAXES.

        (a) Extension.--
                (1) In general.--Section 4661(c) of the Internal Revenue
            Code of 1986 is amended to read as follows:

        ``(c) Termination.--No tax shall be imposed by this section after
    December 31, 2031.''.
                (2) Imported substances.--Section 4671(e) of the Internal
            Revenue Code of 1986 is amended to read as follows:

    [[Page 135 STAT. 1329]]

        ``(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 <<NOTE: 26 USC 4661.>>  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.''.
    ------------------------------------------------------------------------

    ''.
    [[Page 135 STAT. 1330]]

                (2) Rate on taxable substances where importer does not
            furnish information to the secretary.--Section 4671(b)(2) of
            such Code <<NOTE: 26 USC 4671.>>  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) <<NOTE: 26 USC 4672 note.>>  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) <<NOTE: 26 USC 4672 note.>>  Publication of initial
            list.--Not later than January 1, 2022, the Secretary of the
            Treasury (or the Secretary's delegate) shall publish an initial
            list of taxable substances under section 4672(a) of the Internal
            Revenue Code of 1986.

        (d) <<NOTE: 26 USC 4661 note.>>  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 <<NOTE: 26 USC 142.>>  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

    [[Page 135 STAT. 1331]]

                    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) <<NOTE: Time period.>>  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 <<NOTE: 26 USC 146.>>  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) <<NOTE: 26 USC 142 note.>>  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.--

    [[Page 135 STAT. 1332]]

                ``(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,

    [[Page 135 STAT. 1333]]

                                                ``(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

    [[Page 135 STAT. 1334]]

                                    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) <<NOTE: Determination.>>  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, <<NOTE: 26 USC 146.>>  is amended by striking ``and'' at the end
    of paragraph (4), by striking the period at the end of paragraph (5) and
    inserting ``, and'', and by inserting immediately after paragraph (5)
    the following new paragraph:
                ``(6) 75 percent of any exempt facility bond issued as part
            of an issue described in paragraph (17) of section 142(a)
            (relating to qualified carbon dioxide capture facilities).''.

        (d) Clarification of Private Business Use.--Section 141(b)(6) of
    such Code is amended by adding at the end the following new
    subparagraph:
                        ``(C) Clarification relating to qualified carbon
                    dioxide capture facilities.--For purposes of this
                    subsection, the sale of carbon dioxide produced by a
                    qualified carbon dioxide capture facility (as defined in
                    section 142(o)) which is owned by a governmental unit
                    shall not constitute private business use.''.

        (e) Coordination With Credit for Carbon Oxide Sequestration.--
    Section 45Q(f) of such Code is amended by adding at the end the
    following new paragraph:
                ``(3) Credit reduced for certain tax-exempt bonds.--The
            amount of the credit determined under subsection (a) with
            respect to any project for any taxable year shall be reduced by
            the amount which is the product of the amount so determined for
            such year and the lesser of \1/2\ or a fraction--
                        ``(A) the numerator of which is the sum, for the
                    taxable year and all prior taxable years, of the
                    proceeds from an issue described in section 142(a)(17)
                    used to provide financing for the project the interest
                    on which is exempt from tax under section 103, and
                        ``(B) the denominator of which is the aggregate
                    amount of additions to the capital account for the
                    project for the taxable year and all prior taxable
                    years.
            The amounts under the preceding sentence for any taxable year
            shall be determined as of the close of the taxable year.''.

        (f) <<NOTE: 26 USC 45Q note.>>  Effective Date.--The amendments made
    by this section shall apply to obligations issued after December 31,
    2021.

    [[Page 135 STAT. 1335]]

    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 <<NOTE: 26 USC 142.>>  is amended by striking
    ``$15,000,000,000'' and inserting ``$30,000,000,000''.

        (b) <<NOTE: 26 USC 142 note.>>  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) <<NOTE: Definition.>>  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) <<NOTE: Time period. Determination.>>  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) <<NOTE: 26 USC 7508A note.>>  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--

    [[Page 135 STAT. 1336]]

                (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) <<NOTE: 26 USC 7508 note.>>  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 <<NOTE: 26 USC 7451.>>  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 <<NOTE: 26 USC 7451
            prec.>>  is amended by striking ``Fee for filing petition'' and
            inserting ``Petitions''.

        (c) <<NOTE: 26 USC 7451 note.>>  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.--

    [[Page 135 STAT. 1337]]

                (1) The heading of section 7508A of the Internal Revenue
            Code of 1986 <<NOTE: 26 USC 7508A.>>  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 <<NOTE: 26 USC 7501
            prec.>>  is amended by striking ``Presidentially declared
            disaster'' and inserting ``Federally declared disaster,
            significant fire,''.

        (c) <<NOTE: 26 USC 7508A note.>>  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) <<NOTE: Definition.>>  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

    [[Page 135 STAT. 1338]]

                        ``(C) accurate records are kept of the amounts
                    contributed and expenditures made, the expenditures to
                    which contributions are allocated, and the year in which
                    the contributions and expenditures are received and
                    made.
                ``(3) Definitions.--For purposes of this subsection--
                        ``(A) <<NOTE: Regulations.>>  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 <<NOTE: Applicability.>>  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) <<NOTE: Assessment. Time period.>>  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) <<NOTE: 26 USC 118 note.>>  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 <<NOTE: 26 USC 430.>>  is amended to read as
    follows:

    [[Page 135 STAT. 1339]]

    ----------------------------------------------------------------------------------------------------------------
                                                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) <<NOTE: 29 USC 1021 note.>>  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) <<NOTE: 26 USC 430 note.>>  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 <<NOTE: 26 USC 6045.>>  is amended--
                (1) by striking ``and'' at the end of subparagraph (B),

    [[Page 135 STAT. 1340]]

                (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 <<NOTE: 26 USC 6045.>>  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, <<NOTE: Determination.>>
    with respect to any transfer (which is not part of a sale or exchange
    executed by such broker) during a calendar year of a covered security
    which is a digital asset from an account maintained by such broker to an
    account which is not maintained by, or an address not associated with, a
    person that such broker knows or has reason to know is also a broker,
    shall make a return for such calendar year, in such form as determined
    by the Secretary, showing the information otherwise required to be
    furnished with respect to transfers subject to subsection (a).''.
                        (B) Reporting penalties.--Section 6724(d)(1)(B) of
                    such Code is amended by striking ``or'' at the end of
                    clause (xxv), by striking ``and'' at the end of clause
                    (xxvi), and by inserting after clause (xxvi) the
                    following new clause:
                              ``(xxvii) section 6045A(d) (relating to
                          returns for certain digital assets),''.

    [[Page 135 STAT. 1341]]

                (3) Treatment as cash for purposes of section 6050i.--
            Section 6050I(d) of such Code <<NOTE: 26 USC 6050I.>>  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) <<NOTE: 26 USC 6045 note.>>  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) <<NOTE: 26 USC 6045 note.>>  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) <<NOTE: 26 USC 3134 note.>>  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

    [[Page 135 STAT. 1342]]

                              (iii) by striking ``; and'' and inserting a
                          period; and
                        (D) by striking clause (iii).
    SEC. 90002. STRATEGIC PETROLEUM RESERVE DRAWDOWN AND SALE.

        (a) <<NOTE: 42 USC 6241 note.>>  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.

    [[Page 135 STAT. 1343]]

                (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) <<NOTE: Effective date.>>  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) <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1344]]

                    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) <<NOTE: Effective date.>>  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) <<NOTE: Effective date.>>  In general.--The
                    amount of the refund specified in this paragraph is,
                    with respect to a refundable single-dose container or
                    single-use package drug of a manufacturer assigned to a
                    billing and payment code for a calendar quarter
                    beginning on or after January 1, 2023, an amount equal
                    to the estimated amount (if any) by which--
                              ``(i) the product of--
                                        ``(I) the total number of units of
                                    the billing and payment code for such
                                    drug that were discarded during such
                                    quarter (as determined under paragraph
                                    (1)); and
                                        ``(II)(aa) in the case of a
                                    refundable single-dose container or
                                    single-use package drug that is a single
                                    source drug or biological, the amount of
                                    payment determined for such drug or
                                    biological under subsection (b)(1)(B)
                                    for such quarter; or
                                        ``(bb) in the case of a refundable
                                    single-dose container or single-use
                                    package drug that is a biosimilar
                                    biological product, the amount of
                                    payment determined for such product
                                    under subsection (b)(1)(C) for such
                                    quarter; exceeds
                              ``(ii) an amount equal to the applicable
                          percentage (as defined in subparagraph (B)) of the
                          estimated total allowed charges for such drug
                          under this part during the quarter.
                        ``(B) Applicable percentage defined.--
                              ``(i) In general.--For purposes of
                          subparagraph (A)(ii), the term `applicable
                          percentage' means--
                                        ``(I) subject to subclause (II), 10
                                    percent; and
                                        ``(II) if applicable, in the case of
                                    a refundable single-dose container or
                                    single-use package drug described in
                                    clause (ii), a percentage specified by
                                    the Secretary pursuant to such clause.
                              ``(ii) Treatment of drugs that have unique
                          circumstances.--In the
                          case <<NOTE: Notice. Regulations. Determination.>>
                           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.

    [[Page 135 STAT. 1345]]

                ``(4) <<NOTE: Determination.>>  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) <<NOTE: Notice. Regulations.>>  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

    [[Page 135 STAT. 1346]]

                          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) <<NOTE: Effective date. Time
                          period.>>  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. <<NOTE: 42 USC 1320a-7b note.>>  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

    [[Page 135 STAT. 1347]]

            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.--

    [[Page 135 STAT. 1348]]

                (1) Rescission.--Of the unobligated balances from amounts
            made available under the heading ``Education Stabilization
            Fund'' in title VIII of division B of the Coronavirus Aid,
            Relief, and Economic Security Act (Public Law 116-136) and in
            title III of division M of the Consolidated Appropriations Act,
            2021 (Public Law 116-260) that were reserved for the Higher
            Education Emergency Relief Fund by sections 18004(a)(1) and
            18004(a)(2) of division B of the Coronavirus Aid, Relief, and
            Economic Security Act (Public Law 116-136) and sections
            314(a)(1), 314(a)(2), and 314(a)(4) of division M of the
            Consolidated Appropriations Act, 2021 (Public Law 116-260),
            $353,400,000 are permanently rescinded.
                (2) Designation.--The amount rescinded pursuant to paragraph
            (1) that was previously designated by the Congress as an
            emergency requirement pursuant to section 251(b)(2)(A)(i) of the
            Balanced Budget and Emergency Deficit Control Act of 1985 is
            designated by the Congress as an emergency requirement pursuant
            to section 4112(a) of H. Con. Res. 71 (115th Congress), the
            concurrent resolution on the budget for fiscal year 2018, and to
            section 251(b) of the Balanced Budget and Emergency Deficit
            Control Act of 1985.

        (g) Small Business Administration, Salaries and Expenses.--
                (1) Rescission.--Of the unobligated balances from amounts
            made available under the heading ``Small Business
            Administration--Salaries and Expenses'' in section 1107(a)(2) of
            the Coronavirus Aid, Relief, and Economic Security Act (Public
            Law 116-136), in title II of division B of the Paycheck
            Protection Program and Health Care Enhancement Act (Public Law
            116-139), and in section 323(d)(1)(C) of division N of the
            Consolidated Appropriations Act, 2021 (Public Law 116-260),
            $175,000,000 are permanently rescinded.
                (2) Designation.--The amount rescinded pursuant to paragraph
            (1) that was previously designated by the Congress as an
            emergency requirement pursuant to section 251(b)(2)(A)(i) of the
            Balanced Budget and Emergency Deficit Control Act of 1985 is
            designated by the Congress as an emergency requirement pursuant
            to section 4112(a) of H. Con. Res. 71 (115th Congress), the
            concurrent resolution on the budget for fiscal year 2018, and to
            section 251(b) of the Balanced Budget and Emergency Deficit
            Control Act of 1985.

        (h) Pandemic Relief for Aviation Workers.--Of the unobligated
    balances from amounts made available in section 411 of subtitle A of
    title IV of division N of the Consolidated Appropriations Act, 2021 (15
    U.S.C. 9101), $200,000,000 are permanently rescinded.
    SEC. 90008. <<NOTE: 47 USC 921 note.>>  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;

    [[Page 135 STAT. 1349]]

                        (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) <<NOTE: Effective date. Transfer authority.>>
                    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) <<NOTE: Determinations.>>  Identification.--
                        (A) <<NOTE: Coordination.>>  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) <<NOTE: Consultation.>>  Auction.--Not earlier than
            November 30, 2024, the Commission, in consultation with the
            Assistant Secretary of

    [[Page 135 STAT. 1350]]

            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) <<NOTE: Deadline.>>  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 <<NOTE: Infrastructure Investments and Jobs Appropriations
    Act. Time periods.>>  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 <<NOTE: Deadline. Spend plan. List.>>  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.

    [[Page 135 STAT. 1351]]

                        watershed rehabilitation program

        For an additional amount for ``Watershed Rehabilitation Program'',
    $118,000,000, to remain available until expended:  Provided, That not
    later <<NOTE: Deadline. Spend plan. List.>>  than 90 days after the date
    of enactment of this Act, the Secretary of Agriculture shall submit to
    the House and Senate Committees on Appropriations a detailed spend plan,
    including a list of project locations and project cost:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                     emergency watershed protection program

        For an additional amount for ``Emergency Watershed Protection
    Program'' to repair damages to the waterways and watersheds resulting
    from natural disasters, $300,000,000, to remain available until
    expended:  Provided, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                           RURAL DEVELOPMENT PROGRAMS

                             Rural Utilities Service

             distance learning, telemedicine, and broadband program

        For an additional amount for ``Rural Utilities Service--Distance
    Learning, Telemedicine, and Broadband Program'', $2,000,000,000, to
    remain available until expended:  Provided, That of the funds made
    available under this heading in this Act, $74,000,000 shall be for the
    cost of broadband loans, as authorized by section 601 of the Rural
    Electrification Act:  Provided further, That, of the funds made
    available under this heading in this Act, $1,926,000,000 shall be for
    the broadband loan and grant pilot program established by section 779 of
    Public Law 115-141 under the Rural Electrification Act of 1936, as
    amended (7 U.S.C. 901 et seq.):  Provided further, That at least 50
    percent of the households to be served by a project receiving a loan or
    grant from funds provided under the preceding proviso shall be in a
    rural area, as defined in section 601(b)(3) of the Rural Electrification
    Act, without sufficient access to broadband defined for such funds as
    having speeds of not less than 25 megabits per second downloads and 3
    megabits per second uploads:  Provided further, That 10 percent of the
    amounts made available under this heading in this Act for the pilot
    program shall be set aside for service areas where at least 90 percent
    of households to be served by a project receiving a loan or grant are in
    a rural area without sufficient access to broadband, as defined in the
    preceding proviso:  Provided further, That, to the extent possible,
    projects receiving funds provided under this heading in this Act for the
    pilot program must build out service to at least 100 megabits per second
    downloads and 20 megabits per second uploads:  Provided further,
    That, <<NOTE: Determination.>>  in administering the pilot program under
    this heading in this Act, the Secretary of Agriculture

    [[Page 135 STAT. 1352]]

    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: <<NOTE: Waiver.>>   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 <<NOTE: Definition.>>  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 <<NOTE: Transfer authority.>>  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: <<NOTE: Advance
    notice. Approval.>>   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

    [[Page 135 STAT. 1353]]

    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 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 <<NOTE: Deadline. Spend plan.>>  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

    [[Page 135 STAT. 1354]]

    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 <<NOTE: Notices. Deadline.>>  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 <<NOTE: Deadline.>>  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)

    [[Page 135 STAT. 1355]]

    of H. Con. Res. 71 (115th Congress), the concurrent resolution on the
    budget for fiscal year 2018, and to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                             middle mile deployment

                          (including transfer of funds)

        For an additional amount for ``Middle Mile Deployment'',
    $1,000,000,000, to remain available September 30, 2026, for competitive
    grants as authorized under section 60401 of division F of this Act:
    Provided, That <<NOTE: Notices. Deadline.>>  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 <<NOTE: Deadline.>>  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;

    [[Page 135 STAT. 1356]]

                (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 <<NOTE: Definition.>>  under this heading the
    term Indian Tribe shall have the meaning given to the term in section 4
    of the

    [[Page 135 STAT. 1357]]

    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: <<NOTE: Consultation.>>   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 <<NOTE: Deadline. Spend plan.>>
    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 <<NOTE: Spend plan.>>  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 <<NOTE: Waiver.>>  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 <<NOTE: Deadline. Spend plan.>>  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

    [[Page 135 STAT. 1358]]

    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 <<NOTE: Deadline. Spend plan.>>  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 <<NOTE: Spend
    plan.>>  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 <<NOTE: Waiver.>>  may waive or reduce the required non-
    Federal share for amounts made available under this heading in this Act:
     Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

          TITLE III--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES

                             DEPARTMENT OF THE ARMY

                            Corps of Engineers--Civil

                                 investigations

        For an additional amount for ``Investigations'', $150,000,000, to
    remain available until expended:  Provided, That of the amount provided
    under this heading in this Act, $30,000,000 shall be used by the
    Secretary of the Army, acting through the Chief of Engineers, to
    undertake work authorized to be carried out in accordance with section
    22 of the Water Resources Development Act of 1974 (Public Law 93-251; 42
    U.S.C. 1962d-16), as amended:  Provided further, That of the amount
    provided under this heading in this Act, $45,000,000 shall be used by
    the Secretary of the Army, acting through the Chief of Engineers, to
    undertake work authorized to be carried out in accordance with section
    206 of the 1960 Flood Control Act (Public Law 86-645), as amended:
    Provided further, That of the amount provided under this heading in this
    Act, $75,000,000 shall be used for necessary expenses related to the
    completion, or initiation and completion, of studies which are
    authorized prior to the date of enactment of this Act, of which
    $30,000,000, to become available on October 1, 2022, shall be used by
    the Secretary of the Army, acting through the Chief of Engineers, to
    complete, or to initiate and complete, studies carried out in accordance
    with section 118 of division AA of the Consolidated Appropriations Act,
    2021 (Public Law 116-260), except that the limitation on the number of
    studies authorized to be carried out under section 118(b) and section
    118(c) shall not apply:  Provided further, That <<NOTE: Deadline. Spend
    plan. List.>>  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,

    [[Page 135 STAT. 1359]]

    including a list of project locations and new studies selected to be
    initiated:  Provided further, That <<NOTE: Deadline. Briefing. Plan.>>
    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, <<NOTE: Spend plan. List.>>  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 <<NOTE: Reports. Studies.>>  after the enactment of this Act, the
    Chief of Engineers shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of the funds provided under this heading
    in this Act, including new studies selected to be initiated using funds
    provided under this heading:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to section
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                                  construction

        For an additional amount for ``Construction'', $11,615,000,000, to
    remain available until expended:  Provided, That the Secretary may
    initiate additional new construction starts with funds provided under
    this heading in this Act:  Provided further, That the limitation
    concerning total project costs in section 902 of the Water Resources
    Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280), as amended,
    shall not apply to any project completed using funds provided under this
    heading in this Act:  Provided further, That of the amount provided
    under this heading in this Act, such sums as are necessary to cover the
    Federal share of construction costs for facilities under the Dredged
    Material Disposal Facilities program shall be derived from the general
    fund of the Treasury:  Provided further, That of the amount provided
    under this heading in this Act, $1,500,000,000 shall be for major
    rehabilitation, construction, and related activities for rivers and
    harbors, of which not more than $250,000,000 shall be to undertake work
    at harbors defined by section 2006 of the Water Resources Development
    Act of 2007 (Public Law 110-114, 33 U.S.C. 2242), as amended, and not
    more than $250,000,000 may be for projects determined to require repair
    in the report prepared pursuant to section 1104 of the Water
    Infrastructure Improvements for the Nation Act (Public Law 114-322):
    Provided further, That of the amount provided under this heading in this
    Act, $200,000,000 shall be for water-related environmental
    infrastructure assistance:  Provided further, That of the amount
    provided under this heading in this Act, $2,500,000,000 shall be for
    construction, replacement, rehabilitation, and expansion of inland
    waterways projects:  Provided further, That section 102(a)

    [[Page 135 STAT. 1360]]

    of the Water Resources Development Act of 1986 (Public Law 99-662; 33
    U.S.C. 2212(a)) and section 109 of the Water Resources Development Act
    of 2020 (Public Law 116-260; 134 Stat. 2624) shall not apply to the
    extent that such projects are carried out using funds provided in the
    preceding proviso:  Provided further, That in using such funds referred
    to in the preceding proviso, the Secretary shall give priority to
    projects included in the Capital Investment Strategy of the Corps of
    Engineers:  Provided further, That of the amount provided under this
    heading in this Act, $465,000,000 shall be used by the Secretary of the
    Army, acting through the Chief of Engineers, to undertake work
    authorized to be carried out in accordance with section 14, as amended,
    of the Flood Control Act of 1946 (33 U.S.C. 701r), section 103, as
    amended, of the River and Harbor Act of 1962 (Public Law 87-874),
    section 107, as amended, of the River and Harbor Act 1960 (Public Law
    86-645), section 204 of the Water Resources Development Act of 1992 (33
    U.S.C. 2326), section 205 of the Flood Control Act of 1948 (33 U.S.C.
    701s), section 206 of the Water Resources Development Act of 1996
    (Public Law 104-303; 33 U.S.C. 2330), section 1135 of the Water
    Resources Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2309a),
    or section 165(a) of division AA of the Consolidated Appropriations Act,
    2021 (Public Law 116-260), notwithstanding the project number or program
    cost limitations set forth in those sections:  Provided further, That of
    the amounts in the preceding proviso, $115,000,000, shall be used under
    the aquatic ecosystem restoration program under section 206 of the Water
    Resources Development Act of 1996 (33 U.S.C. 2330) to restore fish and
    wildlife passage by removing in-stream barriers and provide technical
    assistance to non-Federal interests carrying out such activities, at
    full Federal expense and notwithstanding the individual project cost
    limitation set forth in that section:  Provided further, That the
    amounts provided in the preceding proviso shall not be construed to
    provide any new authority to remove, breach, or otherwise alter the
    operations of a Federal hydropower dam, and do not limit the Secretary
    of the Army, acting through the Chief of Engineers, from allotting
    additional funds from amounts provided under this heading in this Act
    for other purposes allowed under section 206 of the Water Resources
    Development Act of 1996 (33 U.S.C. 2330):  Provided further, That of the
    amount provided under this heading in this Act, $1,900,000,000 shall be
    for aquatic ecosystem restoration projects, of which not less than
    $1,000,000,000 shall be for multi-purpose projects or multi-purpose
    programs that include aquatic ecosystem restoration as a purpose:
    Provided further, That of the amount provided under this heading in this
    Act, $2,550,000,000 shall be for coastal storm risk management,
    hurricane and storm damage reduction projects, and related activities
    targeting States that have been impacted by federally declared disasters
    over the last six years, which may include projects authorized by
    section 116 of Public Law 111-85, of which not less than $1,000,000,000
    shall be for multi-purpose projects or multi-purpose programs that
    include flood risk management benefits as a purpose:  Provided further,
    That of the amount provided in the preceding proviso, $200,000,000 shall
    be for shore protection projects:  Provided further, That of the funds
    in the preceding proviso, $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $50,000,000, to
    remain available until expended, shall be made available for fiscal year
    2023, and

    [[Page 135 STAT. 1361]]

    $50,000,000, to remain available until expended, shall be made available
    for fiscal year 2024:  Provided further, That of the amount provided
    under this heading in this Act, $2,500,000,000 shall be for inland flood
    risk management projects, of which not less than $750,000,000 shall be
    for multi-purpose projects or multi-purpose programs that include flood
    risk management as a purpose:  Provided further, That in selecting
    projects under the previous proviso, the Secretary of the Army shall
    prioritize projects with overriding life-safety benefits:  Provided
    further, That of the funds in the proviso preceding the preceding
    proviso, the Secretary of the Army shall, to the maximum extent
    practicable, prioritize projects in the work plan that directly benefit
    economically disadvantaged communities, and may take into consideration
    prioritizing projects that benefit areas in which the percentage of
    people that live in poverty or identify as belonging to a minority group
    is greater than the average such percentage in the United States, based
    on data from the Bureau of the Census: <<NOTE: Deadline. Spend
    plan. List.>>   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 <<NOTE: Reports.>>  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: <<NOTE: Deadline. Spend
    plan. List.>>   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

    [[Page 135 STAT. 1362]]

    for inland harbors shall be derived from the general fund of the
    Treasury:  Provided further, That <<NOTE: Reports.>>  beginning not
    later than 120 days after the enactment of this Act, the Chief of
    Engineers shall provide a monthly report to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the allocation and obligation of these funds, including construction
    projects selected to be initiated using funds provided under this
    heading in this Act:  Provided further, That such amount is designated
    by the Congress as being for an emergency requirement pursuant to
    section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent
    resolution on the budget for fiscal year 2018, and to section 251(b) of
    the Balanced Budget and Emergency Deficit Control Act of 1985.

                            operation and maintenance

                          (including transfer of funds)

        For an additional amount for ``Operations and Maintenance'',
    $4,000,000,000, to remain available until expended:  Provided, That
    $2,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2024:  Provided further, That of the amount
    provided under this heading in this Act for fiscal year 2022,
    $626,000,000, which shall be obligated within 90 days of enactment of
    this Act, shall be used for necessary expenses to dredge Federal
    navigation projects in response to, and repair damages to Corps of
    Engineers Federal projects caused by, natural disasters:  Provided
    further, That of the amount provided under this heading in this Act,
    $40,000,000 shall be to carry out Soil Moisture and Snowpack Monitoring
    activities, as authorized in section 4003(a) of the Water Resources
    Reform and Development Act of 2014, as amended:  Provided further,
    That <<NOTE: Deadline. Spend plan. List.>>  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 <<NOTE: Spend plan. List.>>  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: <<NOTE: Advance notice.>>   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

    [[Page 135 STAT. 1363]]

    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

    [[Page 135 STAT. 1364]]

    to section 251(b) of the Balanced Budget and Emergency Deficit Control
    Act of 1985.

                     general provisions--corps of engineers

        Sec. 300.  For projects that are carried out with funds under this
    heading, the Secretary of the Army and the Director of the Office of
    Management and Budget shall consider other factors in addition to the
    benefit-cost ratio when determining the economic benefits of projects
    that benefit disadvantaged communities.

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                     central utah project completion account

        For an additional amount for ``Central Utah Project Completion
    Account'', $50,000,000, to remain available until expended, of which
    $10,000,000 shall be deposited into the Utah Reclamation Mitigation and
    Conservation Account for use by the Utah Reclamation Mitigation and
    Conservation Commission:  Provided, That such amount is designated by
    the Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

                              Bureau of Reclamation

                           water and related resources

                          (including transfer of funds)

        For an additional amount for ``Water and Related Resources'',
    $8,300,000,000, to remain available until expended:  Provided, That
    $1,660,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $1,660,000,000, to remain available
    until expended, shall be made available for fiscal year 2023,
    $1,660,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,660,000,000, to remain available
    until expended, shall be made available for fiscal year 2025,
    $1,660,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the amount
    provided under this heading in this Act for fiscal years 2022 through
    2026, $1,150,000,000 shall be for water storage, groundwater storage,
    and conveyance projects in accordance with section 40902 of division D
    of this Act:  Provided further, That of the funds identified in the
    preceding proviso, $100,000,000 shall be available for small surface
    water and ground water storage projects authorized in section 40903 of
    division D of this Act:  Provided further, That of the amount provided
    under this heading in this Act, $3,200,000,000 shall be available for
    transfer into the Aging Infrastructure Account established by section
    9603(d)(1) of the Omnibus Public Land Management Act of 2009, as amended
    (43 U.S.C. 510b(d)(1)):  Provided further, That of the funds identified
    in the preceding proviso, $100,000,000 shall be made available for
    reserved

    [[Page 135 STAT. 1365]]

    or transferred works that have suffered a critical failure, in
    accordance with section 40904(a) of division D of this Act, and
    $100,000,000 shall be made available for dam rehabilitation,
    reconstruction, or replacement in accordance with section 40904(b) of
    division D of this Act:  Provided further, That of the amount provided
    under this heading in this Act for fiscal years 2022 through 2026,
    $1,000,000,000 shall be for rural water projects that have been
    authorized by an Act of Congress before July 1, 2021, in accordance with
    the Reclamation Rural Water Supply Act of 2006 (43 U.S.C. 2401 et seq.):
     Provided further, That of the amount provided under this heading in
    this Act for fiscal years 2022 through 2026, $1,000,000,000 shall be for
    water recycling and reuse projects:  Provided further, That of the funds
    identified in the preceding proviso, $550,000,000 shall be for water
    recycling and reuse projects authorized in accordance with the
    Reclamation Wastewater and Groundwater Study and Facilities Act (42
    U.S.C. 390h et seq.), as described in section 40901(4)(A) of division D
    of this Act, and $450,000,000 shall be for large-scale water recycling
    and reuse projects in accordance with section 40905 of division D of
    this Act:  Provided further, That of the amount provided under this
    heading in this Act for fiscal years 2022 through 2026, $250,000,000
    shall be for water desalination projects in accordance with the Water
    Desalinization Act of 1996 (42 U.S.C. 10301 note; Public Law 104-298),
    as described in section 40901(5) of division D of this Act:  Provided
    further, That of the amount provided under this heading in this Act for
    fiscal years 2022 through 2026, $500,000,000 shall be for the safety of
    dams program, in accordance with the Reclamation Safety of Dams Act of
    1978 (43 U.S.C. 506 et seq.):  Provided further, That of the amount
    provided under this heading in this Act for fiscal years 2022 through
    2026, $400,000,000 shall be for WaterSMART Grants in accordance with
    section 9504 of the Omnibus Public Land Management Act of 2009 (42
    U.S.C. 10364):  Provided further, That of the funds identified in the
    preceding proviso, $100,000,000 shall be for projects that would improve
    the condition of a natural feature or nature-based feature, as described
    in section 40901(7) of division D of this Act:  Provided further, That
    of the amount provided under this heading in this Act for fiscal years
    2022 through 2026, $300,000,000 shall be for implementing the drought
    contingency plan consistent with the obligations of the Secretary under
    the Colorado River Drought Contingency Plan Authorization Act (Public
    Law 116-14; 133 Stat. 850), as described in section 40901(8) of division
    D of this Act:  Provided further, That of the funds identified in the
    preceding proviso, $50,000,000 shall be for use in accordance with the
    Drought Contingency Plan for the Upper Colorado River Basin:  Provided
    further, That of the amount provided under this heading in this Act for
    fiscal years 2022 through 2026, $100,000,000 shall be to provide
    financial assistance for watershed management projects in accordance
    with subtitle A of title VI of the Omnibus Public Land Management Act of
    2009 (16 U.S.C. 1015 et seq.):  Provided further, That of the amount
    provided under this heading in this Act for fiscal years 2022 through
    2026, $250,000,000 shall be for design, study and construction of
    aquatic ecosystem restoration and protection projects in accordance with
    section 1109 of the Consolidated Appropriations Act, 2021:  Provided
    further, That of the amount provided under this heading in this Act for
    fiscal years 2022 through 2026, $100,000,000 shall be for multi-benefit

    [[Page 135 STAT. 1366]]

    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 <<NOTE: Deadline. Spend plan. List.>>
    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: <<NOTE: Reports.>>   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 <<NOTE: Spend
    plan. List.>>  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

    [[Page 135 STAT. 1367]]

    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

    [[Page 135 STAT. 1368]]

    to amounts otherwise made available for this purpose, $3,500,000,000
    shall be for carrying out activities for the Weatherization Assistance
    Program, as authorized under part A of title IV of the Energy
    Conservation and Production Act (42 U.S.C. 6861 et seq.):  Provided
    further, That of the amount provided under this heading in this Act and
    in addition to amounts otherwise made available for this purpose,
    $550,000,000 shall be for carrying out activities for the Energy
    Efficiency and Conservation Block Grant Program, as authorized under
    section 542(a) of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17152(a)):  Provided further, That of the amount provided under
    this heading in this Act, $250,000,000 shall be for grants for the
    Assisting Federal Facilities with Energy Conservation Technologies Grant
    Program, as authorized under section 546(b) of the National Energy
    Conservation Policy Act (42 U.S.C. 8256(b)):  Provided further, That of
    the amount provided under this heading in this Act, $10,000,000 shall be
    for extended product system rebates, as authorized under section 1005 of
    the Energy Act of 2020 (42 U.S.C. 6311 note; Public Law 116-260):
    Provided further, That of the amount provided under this heading in this
    Act, $10,000,000 shall be for energy efficient transformer rebates, as
    authorized under section 1006 of the Energy Act of 2020 (42 U.S.C. 6317
    note; Public Law 116-260):  Provided further, That of the amount
    provided under this heading in this Act, $3,000,000,000, to remain
    available until expended, shall be for Battery Material Processing
    Grants, as authorized under section 40207(b) of division D of this Act:
    Provided further, That of the funds in the preceding proviso,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $600,000,000, to
    remain available until expended, shall be made available for fiscal year
    2024, $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $3,000,000,000 shall be for Battery Manufacturing and Recycling Grants,
    as authorized under section 40207(c) of division D of this Act:
    Provided further, That of the funds in the preceding proviso,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $600,000,000, to
    remain available until expended, shall be made available for fiscal year
    2024, $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $125,000,000 shall be to carry out activities, as authorized under
    section 40207(f) of division D of this Act:  Provided further, That of
    the amount provided under this heading in this Act, $10,000,000 shall be
    for a Lithium-Ion Battery Recycling Prize Competition, as authorized
    under section 40207(e) of division D of this Act:  Provided further,
    That of the amount provided under this heading in this Act, $200,000,000
    shall be for grants for the Electric Drive Vehicle Battery Recycling and
    Second-Life Applications Program, as authorized under subsection (k) of
    section 641 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17231), as amended by section

    [[Page 135 STAT. 1369]]

    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

    [[Page 135 STAT. 1370]]

    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)): <<NOTE: Deadline. Spend plan.>>   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: <<NOTE: Spend plan.>>   Provided further, That for
    each fiscal year through 2026, as part of the annual budget

    [[Page 135 STAT. 1371]]

    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 <<NOTE: Deadline. Spend plan.>>  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 <<NOTE: Spend plan.>>  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,

    [[Page 135 STAT. 1372]]

    That such amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year 2018,
    and to section 251(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                                   Electricity

        For an additional amount for ``Electricity'', $8,100,000,000, to
    remain available until expended:  Provided, That of the amount provided
    under this heading in this Act, $5,000,000,000 shall be for grants under
    section 40101 of division D of this Act:  Provided further, That of the
    funds in the preceding proviso, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $50,000,000 shall be to carry out the Transmission Facilitation Program,
    including for any administrative expenses of carrying out the program,
    as authorized in section 40106(d)(3) of division D of this Act:
    Provided further, That of the funds in the preceding proviso,
    $10,000,000, to remain available until expended, shall be made available
    for fiscal year 2022, $10,000,000, to remain available until expended,
    shall be made available for fiscal year 2023, $10,000,000, to remain
    available until expended, shall be made available for fiscal year 2024,
    $10,000,000, to remain available until expended, shall be made available
    for fiscal year 2025, and $10,000,000, to remain available until
    expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act and
    in addition to amounts otherwise made available for this purpose,
    $3,000,000,000, to remain available until expended, shall be to carry
    out activities under the Smart Grid Investment Matching Grant Program,
    as authorized in section 1306 of the Energy Independence and Security
    Act of 2007 (42 U.S.C. 17386), as amended by section 40107 of division D
    of this Act:  Provided further, That of the funds in the preceding
    proviso, $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2022, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2023, $600,000,000, to
    remain available until expended, shall be made available for fiscal year
    2024, $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $50,000,000 shall be to carry out an advanced energy security program to
    secure energy networks, as authorized under section 40125(d) of division
    D of this Act:  Provided further, That not later than 90
    days <<NOTE: Deadline. Spend plan.>>  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

    [[Page 135 STAT. 1373]]

    further, That <<NOTE: Spend plan.>>  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 <<NOTE: Deadline. Spend plan.>>  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: <<NOTE: Spend plan.>>   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

    [[Page 135 STAT. 1374]]

    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

    [[Page 135 STAT. 1375]]

    in this Act, $140,000,000 shall be for a Rare Earth Elements
    Demonstration Facility, as authorized under section 7001 of the Energy
    Act of 2020 (42 U.S.C. 13344), as amended by section 40205 of division D
    of this Act:  Provided further, That of the amount provided under this
    heading in this Act and in addition to amounts otherwise made available
    for this purpose, $127,000,000 shall be to carry out rare earth mineral
    security activities, as authorized under section 7001(a) of the Energy
    Act of 2020 (42 U.S.C. 13344(a)):  Provided further, That of the funds
    in the preceding proviso, $23,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $24,200,000, to
    remain available until expended, shall be made available for fiscal year
    2023, $25,400,000, to remain available until expended, shall be made
    available for fiscal year 2024, $26,600,000, to remain available until
    expended, shall be made available for fiscal year 2025, and $27,800,000,
    to remain available until expended, shall be made available for fiscal
    year 2026:  Provided further, That of the amount provided under this
    heading in this Act and in addition to amounts otherwise made available
    for this purpose, $600,000,000 shall be to carry out critical material
    innovation, efficiency, and alternatives activities under section
    7002(g) of the Energy Act of 2020 (30 U.S.C. 1606(g)):  Provided
    further, That of the funds in the preceding proviso, $230,000,000, to
    remain available until expended, shall be made available for fiscal year
    2022, $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $135,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $135,000,000, to
    remain available until expended, shall be made available for fiscal year
    2025:  Provided further, That of the amount provided under this heading
    in this Act and in addition to amounts otherwise made available for this
    purpose, $75,000,000 shall be for the Critical Material Supply Chain
    Research Facility, as authorized under section 7002(h) of the Energy Act
    of 2020 (30 U.S.C. 1606(h)):  Provided further, That of the funds in the
    preceding proviso, $40,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, and $35,000,000, to remain
    available until expended, shall be made available for fiscal year 2023:
    Provided further, That of the amount provided under this heading in this
    Act, $30,000,000 shall be to carry out activities authorized in section
    349(b)(2) of the Energy Policy Act of 2005 (42 U.S.C.15907(b)(2)), as
    amended by section 40601 of division D of this
    Act: <<NOTE: Deadline. Spend plan.>>   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 <<NOTE: Spend plan.>>  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 135 STAT. 1376]]

      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 <<NOTE: Deadline. Analyses. Loans. Regulations. Timetable.>>  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 <<NOTE: Allocation.>>  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 <<NOTE: Consultation. Coordination.>>  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

    [[Page 135 STAT. 1377]]

    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

    [[Page 135 STAT. 1378]]

    2023, $500,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2025:  Provided
    further, That of the amount provided under this heading in this Act and
    in addition to amounts otherwise made available for this purpose,
    $500,000,000 shall be to carry out Industrial Emission Demonstration
    Projects, as authorized under section 454(d)(3) of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17113(d)(3)):  Provided
    further, That of the funds in the preceding proviso, $100,000,000, to
    remain available until expended, shall be made available for fiscal year
    2022, $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $150,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $150,000,000, to
    remain available until expended, shall be made available for fiscal year
    2025:  Provided further, That of the amount provided under this heading
    in this Act and in addition to amounts otherwise made available for this
    purpose, $500,000,000 shall be to carry out the Clean Energy
    Demonstration Program on Current and Former Mine Land, as authorized
    under section 40342 of division D of this Act:  Provided further, That
    of the funds in the preceding proviso, $100,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $100,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $100,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $100,000,000, to
    remain available until expended, shall be made available for fiscal year
    2025, and $100,000,000, to remain available until expended, shall be
    made available for fiscal year 2026:  Provided further, That of the
    amount provided under this heading in this Act, $8,000,000,000 shall be
    made for Regional Clean Hydrogen Hubs, as authorized under section 813
    of the Energy Policy Act of 2005 (42 U.S.C. 16151 et seq.), as amended
    by section 40314 of division D of this Act:  Provided further, That of
    the funds in the preceding proviso, $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,600,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,600,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $5,000,000,000 shall be for grants for the Program Upgrading Our
    Electric Grid and Ensuring Reliability and Resiliency, as authorized
    under section 40103(b) of division D of this Act:  Provided further,
    That of the funds in the preceding proviso, $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2022,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That of the amount provided under this heading in this Act,
    $1,000,000,000 shall be to carry out activities for energy improvement
    in rural and remote areas, as authorized under section

    [[Page 135 STAT. 1379]]

    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 <<NOTE: Deadline. Spend plan.>>  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 <<NOTE: Spend plan.>>  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. <<NOTE: Determination. Hiring authority. 42 USC 7231
    note.>>   Notwithstanding section 3304 of title 5, United States Code,
    and without regard to the provisions of sections 3309 through

    [[Page 135 STAT. 1380]]

    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 <<NOTE: Compliance.>>  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 <<NOTE: Termination date.>>  the authority under this section shall
    terminate on September 30, 2027:  Provided further,
    That <<NOTE: Deadline. Estimate.>>  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

    [[Page 135 STAT. 1381]]

    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

    [[Page 135 STAT. 1382]]

    as being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent 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,

    [[Page 135 STAT. 1383]]

    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 <<NOTE: Plan. Deadline.>>  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: <<NOTE: Notification.>>   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: <<NOTE: Advance notice.>>   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

    [[Page 135 STAT. 1384]]

    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 <<NOTE: Deadline. Spend plan.>>  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 <<NOTE: Deadline. Expenditure plan. List.>>
    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

    [[Page 135 STAT. 1385]]

    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year 2018,
    and to section 251(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                Cybersecurity and Infrastructure Security Agency

                             operations and support

        For an additional amount for ``Operations and Support'',
    $35,000,000, to remain available until September 30, 2026, for risk
    management operations and stakeholder engagement and requirements:
    Provided, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                     cybersecurity response and recovery fund

        For an additional amount for ``Cybersecurity Response and Recovery
    Fund'', $100,000,000, to remain available until September 30, 2028, for
    cyber response and recovery, as authorized by subtitle C of the Homeland
    Security Act of 2002, as amended by this Act:  Provided, That
    $20,000,000, to remain available until September 30, 2028, shall be made
    available for fiscal year 2022, $20,000,000, to remain available until
    September 30, 2028, shall be made available for fiscal year 2023,
    $20,000,000, to remain available until September 30, 2028, shall be made
    available for fiscal year 2024, $20,000,000, to remain available until
    September 30, 2028, shall be made available for fiscal year 2025, and
    $20,000,000, to remain available until September 30, 2028, shall be made
    available for fiscal year 2026: <<NOTE: Declaration.>>   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 <<NOTE: Reports.>>  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.

    [[Page 135 STAT. 1386]]

                       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.

    [[Page 135 STAT. 1387]]

                (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

    [[Page 135 STAT. 1388]]

    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 <<NOTE: Deadline. Spend plan.>>  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.

    [[Page 135 STAT. 1389]]

                          GENERAL PROVISION--THIS TITLE

        Sec. 501.  One-quarter <<NOTE: Transfer authority.>>  of one percent
    of the amounts made available under each heading in this title in this
    Act in each of fiscal years 2022 through 2026 shall be transferred to
    the Office of the Inspector General of the Department of the Homeland
    Security for oversight of funding provided to the Department of Homeland
    Security in this title in this Act.

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

                           DEPARTMENT OF THE INTERIOR

                     United States Fish and Wildlife Service

                               resource management

                         (including transfers of funds)

        For an additional amount for ``Resource Management'', $455,000,000,
    to remain available until expended:  Provided, That $91,000,000, to
    remain available until expended, shall be made available for fiscal year
    2022, $91,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $91,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $91,000,000, to
    remain available until expended, shall be made available for fiscal year
    2025, and $91,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That of the funds
    made available under this heading in this Act, the following amounts
    shall be for the following purposes in equal amounts for each of fiscal
    years 2022 through 2026, and shall be in addition to amounts otherwise
    made available for such purpose--
                (1) $255,000,000 shall be for the following regional
            ecosystem restoration purposes--
                        (A) $26,000,000 shall be for Delaware River Basin
                    Conservation Act;
                        (B) $162,000,000 shall be for Klamath Basin
                    restoration activities, including habitat restoration,
                    planning, design, engineering, environmental compliance,
                    fee acquisition, infrastructure development,
                    construction, operations and maintenance, improvements,
                    and expansion, as necessary, on lands currently leased
                    by the U.S. Fish and Wildlife Service for conservation
                    and recovery of endangered species;
                        (C) $17,000,000 shall be for implementing section
                    5(d)(2) of the Lake Tahoe Restoration Act; and
                        (D) $50,000,000 shall be for sagebrush steppe
                    ecosystem;
                (2) $200,000,000 shall be for restoring fish and wildlife
            passage by removing in-stream barriers and providing technical
            assistance under the National Fish Passage Program:

      Provided further, That one-half of one percent of the amounts made
    available under this heading in this Act in each of fiscal years 2022
    through 2026 shall be transferred to the Office of Inspector General of
    the Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title

    [[Page 135 STAT. 1390]]

    in this Act:  Provided further, That <<NOTE: Consent.>>  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

    [[Page 135 STAT. 1391]]

    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

    [[Page 135 STAT. 1392]]

    shall be transferred to the Office of Inspector General of the
    Department of the Interior for oversight of funding provided to the
    Department of the Interior in this title in this Act:  Provided further,
    That awards made under subsection (d) to Tribes and Tribal organizations
    under the Indian Self-Determination and Education Assistance Act (25
    U.S.C. 5301 et seq.) shall be considered non-recurring and shall not be
    part of the amount required by section 106 of the Indian Self-
    Determination and Education Assistance Act (25 U.S.C. 5325), and such
    funds shall only be used for the purposes identified in this section:
    Provided further, That such amount is designated by the Congress as
    being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and to section 251(b) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                                  construction

                         (including transfers of funds)

        For an additional amount for ``Construction'', $250,000,000, to
    remain available until expended, for construction, repair, improvement,
    and maintenance of irrigation and power systems, safety of dams, water
    sanitation, and other facilities:  Provided, That any funds provided for
    the Safety of Dams program pursuant to the Act of November 2, 1921 (25
    U.S.C. 13), shall be made available on a nonreimbursable basis:
    Provided further, That $50,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $50,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $50,000,000, to remain available until expended, shall be made available
    for fiscal year 2024, $50,000,000, to remain available until expended,
    shall be made available for fiscal year 2025, and $50,000,000, to remain
    available until expended, shall be made available for fiscal year 2026:
    Provided further, That of the funds made available under this heading in
    this Act for fiscal years 2022 through 2026--
                (1) Not less than $50,000,000 shall be for addressing
            irrigation and power systems; and
                (2) $200,000,000 shall be for safety of dams, water
            sanitation, and other facilities:

      Provided further, That up to 3 percent of the amounts made available
    under this heading in this Act in each of fiscal years 2022 through 2026
    shall be for salaries, expenses, and administration:  Provided further,
    That one-half of one percent of the amounts made available under this
    heading in this Act in each of fiscal years 2022 through 2026 shall be
    transferred to the Office of Inspector General of the Department of the
    Interior for oversight of funding provided to the Department of the
    Interior in this title in this Act:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to section
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 135 STAT. 1393]]

                              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

    [[Page 135 STAT. 1394]]

    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--

    [[Page 135 STAT. 1395]]

                (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 <<NOTE: Contracts.>>  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.

    [[Page 135 STAT. 1396]]

                 General Provisions, Department of the Interior

        Sec. 601.  Not <<NOTE: Deadline. Spend plans.>>  later than 90 days
    after the date of enactment of this Act, the Secretary of the Interior
    shall submit to the House and Senate Committees on Appropriations a
    detailed spend plan for the funds provided to the Department of the
    Interior in this title in this Act for fiscal year 2022, and for each
    fiscal year through 2026, as part of the annual budget submission of the
    President under section 1105(a) of title 31, United States Code, the
    Secretary of the Interior shall submit a detailed spend plan for the
    funds provided to the Department of the Interior in this title in this
    Act for that fiscal year.

                         ENVIRONMENTAL PROTECTION AGENCY

                      Environmental Programs and Management

                         (including transfers of funds)

        For an additional amount for ``Environmental Programs and
    Management'', $1,959,000,000, which shall be allocated as follows:
                (1) $1,717,000,000, to remain available until expended, for
            Geographic Programs as specified in the explanatory statement
            described in section 4 of the matter preceding division A of
            Public Law 116-260:  Provided, That $343,400,000, to remain
            available until expended, shall be made available for fiscal
            year 2022, $343,400,000, to remain available until expended,
            shall be made available for fiscal year 2023, $343,400,000, to
            remain available until expended, shall be made available for
            fiscal year 2024, $343,400,000, to remain available until
            expended, shall be made available for fiscal year 2025, and
            $343,400,000, to remain available until expended, shall be made
            available for fiscal year 2026:  Provided further, That of the
            funds made available in this paragraph in this Act, the
            following amounts shall be for the following purposes in equal
            amounts for each of fiscal years 2022 through 2026--
                        (A) $1,000,000,000 shall be for Great Lakes
                    Restoration Initiative;
                        (B) $238,000,000 shall be for Chesapeake Bay;
                        (C) $24,000,000 shall be for San Francisco Bay;
                        (D) $89,000,000 shall be for Puget Sound;
                        (E) $106,000,000 shall be for Long Island Sound;
                        (F) $53,000,000 shall be for Gulf of Mexico;
                        (G) $16,000,000 shall be for South Florida;
                        (H) $40,000,000 shall be for Lake Champlain;
                        (I) $53,000,000 shall be for Lake Pontchartrain;
                        (J) $15,000,000 shall be for Southern New England
                    Estuaries;
                        (K) $79,000,000 shall be for Columbia River Basin;
                    and
                        (L) $4,000,000 shall be for other geographic
                    activities which includes Pacific Northwest:
              Provided further, That <<NOTE: Waiver authority.>>  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)

    [[Page 135 STAT. 1397]]

            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 <<NOTE: Waiver authority.>>
            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: <<NOTE: State listing.>>
            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;

    [[Page 135 STAT. 1398]]

      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 <<NOTE: Reports.>>  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

    [[Page 135 STAT. 1399]]

    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 <<NOTE: Contracts.>>  for the funds made available under
            this paragraph in this Act, forty-nine percent of the funds made
            available to each State for Clean Water State Revolving Fund
            capitalization grants shall be used by the State to provide
            subsidy to eligible recipients in the form of assistance
            agreements with 100 percent forgiveness of principal or grants
            (or any combination of these), notwithstanding section
            603(i)(3)(B) of the Federal Water Pollution Control Act (33
            U.S.C. 1383):  Provided further, That up to three percent of the
            amounts made available under this paragraph in this Act in
            fiscal year 2022 and up to two percent in each of fiscal years
            2023 through 2026 shall be for salaries, expenses, and
            administration:  Provided further, That not less than 80 percent
            of the amounts the Administrator uses in each fiscal year for
            salaries, expenses, and administration from amounts made
            available under this paragraph in this Act for such purposes
            shall be used for purposes other than hiring full-time
            employees:  Provided further, That 0.35 percent of the amounts
            made available under this paragraph in this Act in each of
            fiscal years 2022 through 2026 shall be transferred to the
            Office of Inspector General of the Environmental Protection
            Agency for oversight of funding provided to the Environmental
            Protection Agency in this title in this Act;
                (2) $11,713,000,000 for capitalization grants for the
            Drinking Water State Revolving Funds under section 1452 of the
            Safe Drinking Water Act:  Provided, That $1,902,000,000, to
            remain available until expended, shall be made available for
            fiscal year 2022, $2,202,000,000, to remain available until
            expended, shall be made available for fiscal year 2023,

    [[Page 135 STAT. 1400]]

            $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: <<NOTE: Contracts.>>
            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 <<NOTE: Lead replacement.>>  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 <<NOTE: Contracts.>>  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

    [[Page 135 STAT. 1401]]

            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: <<NOTE: Contracts.>>   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

    [[Page 135 STAT. 1402]]

            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 <<NOTE: Loans.>>  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

    [[Page 135 STAT. 1403]]

            of one percent of the amounts made available under this
            paragraph in this Act shall be transferred to the Office of
            Inspector General of the Environmental Protection Agency for
            oversight of funding provided to the Environmental Protection
            Agency in this title in this Act;
                (8) $1,500,000,000 for brownfields activities:  Provided,
            That $300,000,000, to remain available until expended, shall be
            made available for fiscal year 2022, $300,000,000, to remain
            available until expended, shall be made available for fiscal
            year 2023, $300,000,000, to remain available until expended,
            shall be made available for fiscal year 2024, $300,000,000, to
            remain available until expended, shall be made available for
            fiscal year 2025, and $300,000,000, to remain available until
            expended, shall be made available for fiscal year 2026:
            Provided further, That of the amounts made available in this
            paragraph in this Act, the following amounts shall be for the
            following purposes, in equal amounts for each of fiscal years
            2022 through 2026--
                        (A) $1,200,000,000 shall be to carry out Brownfields
                    projects authorized by section 104(k) of the
                    Comprehensive Environmental Response, Compensation, and
                    Liability Act of 1980 (CERCLA), including grants,
                    interagency agreements and associated program support
                    costs, of which up to $600,000,000, notwithstanding
                    funding limitations in such sections of such Act, may be
                    for--
                              (i) grants under section 104(k)(3)(A)(ii) of
                          CERCLA to remediate brownfields sites in amounts
                          not to exceed $5,000,000 per grant;
                              (ii) multipurpose grants under section
                          104(k)(4)(B)(i) of CERCLA in amounts not to exceed
                          $10,000,000 per grant;
                              (iii) grants under sections 104(k)(2)(B) and
                          104(k)(5)(A)(i) of CERCLA for site
                          characterization and assessment activities on a
                          community-wide or site-by-site basis in amounts
                          not to exceed $10,000,000 per grant and without
                          further limitation on the amount that may be
                          expended for any individual brownfield site;
                              (iv) grants under sections 104(k)(3)(A)(i) and
                          104(k)(5)(A)(ii) of CERCLA for capitalization of
                          revolving loan funds in amounts not to exceed
                          $10,000,000 per grant; and
                              (v) grants under section 104(k)(7) of CERCLA
                          for job training in amounts not to exceed
                          $1,000,000 per grant; and
                        (B) $300,000,000 shall be to carry out section 128
                    of the Comprehensive Environmental Response,
                    Compensation, and Liability Act of 1980:
              Provided further, That funds provided under this paragraph in
            this Act shall not be subject to cost share requirements under
            section 104(k)(10)(B)(iii) of the Comprehensive Environmental
            Response, Compensation, and Liability Act of 1980:  Provided
            further, That <<NOTE: Reports.>>  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,

    [[Page 135 STAT. 1404]]

            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: <<NOTE: Oklahoma. Determination. Alaska.>>   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

    [[Page 135 STAT. 1405]]

            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

    [[Page 135 STAT. 1406]]

    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 <<NOTE: Deadline. Spend plans.>>  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. <<NOTE: 26 USC 9507 note.>>   For this fiscal year and
    each fiscal year thereafter, such sums as are available in the Hazardous
    Substance Superfund established under section 9507 of the Internal
    Revenue Code of 1986 at the end of the preceding fiscal year from taxes
    received in the Treasury under subsection (b)(1) of such section shall
    be available, without further appropriation, to be used to carry out the
    Comprehensive Environmental Response, Compensation, and Liability Act of
    1980 (42 U.S.C. 9601 et seq.).

        Sec. 614. (a) Drinking Water.--There is authorized to be
    appropriated to carry out the purposes of section 1452 of the Safe
    Drinking Water Act (42 U.S.C. 300j-12), in addition to amounts otherwise
    authorized to be appropriated for those purposes, an additional
    $1,126,000,000 for each of fiscal years 2022 through 2026.
        (b) Clean Water.--There is authorized to be appropriated to carry
    out the purposes of title VI of the Federal Water Pollution Control Act
    (33 U.S.C. 1381 et seq.), in addition to amounts otherwise authorized to
    be appropriated for those purposes, an additional $1,639,000,000 for
    each of fiscal years 2022 through 2026.

                            DEPARTMENT OF AGRICULTURE

                                 Forest Service

                          forest and rangeland research

        For an additional amount for ``Forest and Rangeland Research'',
    $10,000,000, to remain available until September 30, 2029, for the
    Secretary of Agriculture, acting through the Chief of the Forest
    Service, to carry out activities of the Joint Fire Science Program, as
    authorized in section 40803 of division D of this Act:  Provided, That
    $2,000,000, to remain available until September 30, 2025, shall be made
    available for fiscal year 2022, $2,000,000, to remain available until
    September 30, 2026, shall be made available for fiscal year 2023,
    $2,000,000, to remain available until September

    [[Page 135 STAT. 1407]]

    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.

    [[Page 135 STAT. 1408]]

                             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

    [[Page 135 STAT. 1409]]

    Service budget restructure outlined in section 435 of division D of the
    Further Consolidated Appropriations Act, 2020 (Public Law 116-94) to
    carry out the activities in support of this heading:  Provided further,
    That amounts made available under this heading in this Act in each of
    fiscal years 2022 through 2026 shall be available for salaries and
    expenses:  Provided further, That one-half of one percent of the amounts
    made available under this heading in this Act in each of fiscal years
    2022 through 2026 shall be transferred to the Office of Inspector
    General of the Department of Agriculture for oversight of funding
    provided to the Forest Service in this title in this Act:  Provided
    further, That such amount is designated by the Congress as being for an
    emergency requirement pursuant to section 4112(a) of H. Con. Res. 71
    (115th Congress), the concurrent resolution on the budget for fiscal
    year 2018, and to section 251(b) of the Balanced Budget and Emergency
    Deficit Control Act of 1985.

                       capital improvement and maintenance

                         (including transfers of funds)

        For an additional amount for ``Capital Improvement and
    Maintenance'', $360,000,000, to remain available until September 30,
    2029:  Provided, That $72,000,000, to remain available until September
    30, 2025, shall be made available for fiscal year 2022, $72,000,000, to
    remain available until September 30, 2026, shall be made available for
    fiscal year 2023, $72,000,000, to remain available until September 30,
    2027, shall be made available for fiscal year 2024, $72,000,000, to
    remain available until September 30, 2028, shall be made available for
    fiscal year 2025, and $72,000,000, to remain available until September
    30, 2029, shall be made available for fiscal year 2026:  Provided
    further, That of the funds made available under this heading in this
    Act, the following amounts shall be for the following purposes in equal
    amounts for each of fiscal years 2022 through 2026--
                (1) $250,000,000 to carry out activities of the Legacy Road
            and Trail Remediation Program, as authorized in Public Law 88-
            657 (16 U.S.C. 532 et seq.) (commonly known as the ``Forest
            Roads and Trails Act''), as amended by section 40801 of division
            D of this Act;
                (2) $100,000,000 for construction of temporary roads or
            reconstruction and maintenance of roads to facilitate forest
            restoration and management projects that reduce wildfire risk;
            and
                (3) $10,000,000 for the removal of non-hydropower Federal
            dams and for providing dam removal technical assistance:

      Provided further, That funds appropriated under this heading in this
    Act may be transferred to the United States Fish and Wildlife Service
    and the National Marine Fisheries Service for the costs of carrying out
    their responsibilities under the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.) to consult and conference, as required by section 7
    of such Act, in connection with wildland fire management activities:
    Provided further, That amounts made available under this heading in this
    Act for each of fiscal years 2022 through 2026 may be transferred
    between accounts affected by the Forest Service budget restructure
    outlined in section 435 of division D of the Further Consolidated
    Appropriations Act, 2020

    [[Page 135 STAT. 1410]]

    (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: <<NOTE: Consultation.>>   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.

    [[Page 135 STAT. 1411]]

       administrative <<NOTE: Deadline. Spend plans.>>  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 <<NOTE: Deadline. Spend plan.>>  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

    [[Page 135 STAT. 1412]]

    spend plan for fiscal year 2022:  Provided further, That <<NOTE: Spend
    plan.>>  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

    [[Page 135 STAT. 1413]]

    under this heading in this Act to carry out section 6701 of title 49,
    United States Code, $1,000,000,000, to remain available until expended,
    shall be made available for fiscal year 2022, $1,000,000,000, to remain
    available until expended, shall be made available for fiscal year 2023,
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2024, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further, That, of the amount
    made available under this heading in this Act to carry out section 6702
    of title 49, United States Code, $1,500,000,000, to remain available
    until September 30, 2026, shall be made available for fiscal year 2022,
    $1,500,000,000, to remain until September 30, 2027, shall be made
    available for fiscal year 2023, $1,500,000,000, to remain available
    until September 30, 2028, shall be made available for fiscal year 2024,
    $1,500,000,000, to remain available until September 30, 2029, shall be
    made available for fiscal year 2025, and $1,500,000,000, to remain
    available September 30, 2030, shall be made available for fiscal year
    2026:  Provided further, That such amount is designated by the Congress
    as being for an emergency requirement pursuant to section 4112(a) of H.
    Con. Res. 71 (115th Congress), the concurrent resolution on the budget
    for fiscal year 2018, and pursuant to section 251(b) of the Balanced
    Budget and Emergency Deficit Control Act of 1985.

                      safe streets and roads for all grants

        For an additional amount for ``Safe Streets and Roads for All
    Grants'', $5,000,000,000, to remain available until expended, for
    competitive grants, as authorized under section 24112 of division B of
    this Act:  Provided, That $1,000,000,000, to remain available until
    expended, shall be made available for fiscal year 2022, $1,000,000,000,
    to remain available until expended, shall be made available for fiscal
    year 2023, $1,000,000,000, to remain available until expended, shall be
    made available for fiscal year 2024, $1,000,000,000, to remain available
    until expended, shall be made available for fiscal year 2025, and
    $1,000,000,000, to remain available until expended, shall be made
    available for fiscal year 2026:  Provided further,
    That <<NOTE: Notice. Deadline.>>  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 <<NOTE: Awards. Deadline.>>  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

    [[Page 135 STAT. 1414]]

    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

    [[Page 135 STAT. 1415]]

    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

    [[Page 135 STAT. 1416]]

    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 <<NOTE: Deadline. Spend plan. List.>>  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 <<NOTE: Spend
    plan. List.>>  for each fiscal year through 2026, as part of the annual
    budget submission of the President under section 1105(a) of title 31,
    United States Code, the Secretary of Transportation shall submit a
    detailed spend plan for funding that will be made available under this
    heading in the upcoming fiscal year, including a list of projects for
    replacing facilities that are owned by the Federal Aviation
    Administration, including air traffic control towers that are staffed
    through the contract tower program:  Provided further, That such amount
    is designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018, and to section
    251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985.

                          airport infrastructure grants

                          (including transfer of funds)

        For an additional amount for ``Airport Infrastructure Grants'',
    $15,000,000,000, to remain available until September 30, 2030:
    Provided, That $3,000,000,000, to remain available until September 30,
    2026, shall be made available for fiscal year 2022, $3,000,000,000, to
    remain available until September 30, 2027, shall be made available for
    fiscal year 2023, $3,000,000,000, to remain available until September
    30, 2028, shall be made available for fiscal year 2024, $3,000,000,000,
    to remain available until September 30, 2029, shall be made available
    for fiscal year 2025, and $3,000,000,000, to remain available until
    September 30, 2030, shall be made available for fiscal year 2026:
    Provided further, That amounts made available under this heading in this
    Act shall be derived from the general fund of the Treasury:  Provided
    further, That amounts made available under this heading in this Act
    shall be made available to sponsors of any airport eligible to receive
    grants under section 47115 of title 49, United States Code, for airport-
    related projects defined under section 40117(a)(3) of title 49, United
    States Code:  Provided further, That of the funds made available under
    this heading in this Act, in each of fiscal years 2022 through 2026--
                (1) Not more than $2,480,000,000 shall be available for
            primary airports as defined in section 47102(16) of title 49,
            United States Code, and certain cargo airports:  Provided, That
            such funds shall not be subject to the reduced apportionments of
            section 47114(f) of title 49, United States Code:  Provided
            further, That <<NOTE: Apportionment.>>  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,

    [[Page 135 STAT. 1417]]

            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 <<NOTE: Apportionment.>>  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

    [[Page 135 STAT. 1418]]

    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 <<NOTE: Notice. Deadline.>>  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

    [[Page 135 STAT. 1419]]

    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 <<NOTE: State and local governments. Electric
    vehicles.>>  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

    [[Page 135 STAT. 1420]]

    available until September 30, 2028, shall be made available for fiscal
    year 2025, and $9,454,400,000, to remain available until September 30,
    2029, shall be made available for fiscal year 2026:  Provided further,
    That the funds made available under this heading in this Act shall be
    derived from the general fund of the Treasury, shall be in addition to
    any other amounts made available for such purpose, and shall not affect
    the distribution or amount of funds provided in any Act making annual
    appropriations:  Provided further, That, except for funds provided in
    paragraph (1) under this heading in this Act, up to 1.5 percent of the
    amounts made available under this heading in this Act in each of fiscal
    years 2022 through 2026 shall be for operations and administrations of
    the Federal Highway Administration, of which $1,000,000 in each fiscal
    year shall be transferred to the Office of the Inspector General of the
    Department of Transportation for oversight of funding provided to the
    Department of Transportation in this title in this Act:  Provided
    further, That the amounts made available in the preceding proviso may be
    combined with the funds made available in paragraph (1) under this
    heading in this Act for the same purposes in the same account:  Provided
    further, That the funds made available under this heading in this Act
    shall not be subject to any limitation on obligations for Federal-aid
    highways or highway safety construction programs set forth in any Act
    making annual appropriations:  Provided further, That, of the amount
    provided under this heading in this Act, the following amounts shall be
    for the following purposes in equal amounts for each of fiscal years
    2022 through 2026--
                (1) $27,500,000,000 shall be for a bridge replacement,
            rehabilitation, preservation, protection, and construction
            program:  Provided further, That, except as otherwise provided
            under this paragraph in this Act, the funds made available under
            this paragraph in this Act shall be administered as if
            apportioned under chapter 1 of title 23, United States Code:
            Provided further, That a project funded with funds made
            available under this paragraph in this Act shall be treated as a
            project on a Federal-aid highway:  Provided further, That, of
            the funds made available under this paragraph in this Act for a
            fiscal year, 3 percent shall be set aside to carry out section
            202(d) of title 23, United States Code:  Provided further, That
            funds set aside under the preceding proviso to carry out section
            202(d) of such title shall be in addition to funds otherwise
            made available to carry out such section and shall be
            administered as if made available under such section:  Provided
            further, That for funds set aside under the third proviso of
            this paragraph in this Act to carry out section 202(d) of title
            23, United States Code, the Federal share of the costs shall be
            100 percent:  Provided further, That, <<NOTE: Definitions.>>
            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

    [[Page 135 STAT. 1421]]

            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 <<NOTE: Determination. Replacement
    costs.>>  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 <<NOTE: Determination. Bridges.>>  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, <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1422]]

            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 <<NOTE: Deadline. Plan. Web posting.>>  tn 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 <<NOTE: Determination. Replacement
            costs.>> 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 <<NOTE: Determination. Bridges.>> 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, <<NOTE:
            Determination.>> 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[[Page 135 STAT. 1422]] 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 <<NOTE: Deadline. Plan. Web posting.>> tn 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 <<NOTE: Determination.
            Replacement costs.>> 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
            Administrati\DISC\OUT\PUBL058.117\DISC\GRID\G0731.CDDing 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 <<NOTE: Deadline. Public information. Web
            posting. Reports. Summaries. Assessment.>>  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

    [[Page 135 STAT. 1424]]

            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) <<NOTE: Determination.>>  development
            phase activities relating to the acquisition or installation of
            electric vehicle charging infrastructure, as determined by the
            Secretary; or (6) <<NOTE: Notification. Consultation. Time
            period.>>  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 <<NOTE: Notification. Deadline. Appeal.>>  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 <<NOTE: Determination.>>  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

    [[Page 135 STAT. 1425]]

            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 <<NOTE: Contracts.>>  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 <<NOTE: Deadline. Coordination.>>  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

    [[Page 135 STAT. 1426]]

            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 <<NOTE: Coordination.>>  the
            Joint Office of Energy and Transportation shall establish and
            maintain a public database, accessible on both Department of
            Transportation and Department of Energy websites, that includes:
            (1) information maintained on the Alternative Fuel Data Center
            by the Office of Energy Efficiency and Renewable Energy of the
            Department of Energy with respect to the locations of electric
            vehicle charging stations; (2) potential locations for electric
            vehicle charging stations identified by eligible entities
            through the program; and (3) the ability to sort generated
            results by various characteristics with respect to electric
            vehicle charging stations, including location, in terms of the
            State, city, or county; status (operational, under construction,
            or planned); and charging type, in terms of Level 2 charging
            equipment or Direct Current Fast Charging Equipment:  Provided
            further, That the Secretary of Transportation and the Secretary
            of Energy shall cooperatively administer the Joint Office
            consistent with this paragraph in this Act:  Provided further,
            That the Secretary of Transportation and the Secretary of Energy
            may transfer funds between the Department of Transportation and
            the Department of Energy from funds provided under this
            paragraph in this Act to establish the Joint Office and to carry
            out its duties under this paragraph in this Act and any such
            funds or portions thereof transferred to the Joint Office may be
            transferred back to and merged with this account:  Provided
            further, That <<NOTE: Determination. Certification.>>  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 <<NOTE: Determination.>>  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;

    [[Page 135 STAT. 1427]]

                (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

    [[Page 135 STAT. 1428]]

            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, <<NOTE: Definition.>>  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, <<NOTE: Consultation. Apportionment.>>  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 <<NOTE: Apportionments.>>  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 <<NOTE: Apportionments.>>  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

    [[Page 135 STAT. 1429]]

            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 135 STAT. 1430]]

                (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 <<NOTE: Deadline. Funding plan.>>  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 <<NOTE: Funding plan.>>  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

    [[Page 135 STAT. 1431]]

    is designated by the Congress as being for an emergency 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 <<NOTE: Deadline. Funding
    allocation.>>  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 <<NOTE: Funding allocation.>>  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,

    [[Page 135 STAT. 1432]]

    $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.

    [[Page 135 STAT. 1433]]

    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 <<NOTE: Capital
    projects.>>  the amounts made available under this heading in this Act
    shall be made available for capital projects for the purpose of
    eliminating the backlog of obsolete assets and Amtrak's deferred
    maintenance backlog of rolling stock, facilities, stations, and
    infrastructure:  Provided further, That amounts made available under
    this heading in this Act shall be made available for the following
    capital projects--
                (1) acquiring new passenger rolling stock for the
            replacement of single-level passenger cars used in Amtrak's
            Northeast Corridor services, and associated rehabilitation,
            upgrade, and expansion of facilities used to maintain and store
            such equipment;
                (2) bringing Amtrak-served stations to full compliance with
            the Americans with Disabilities Act;
                (3) eliminating the backlog of deferred capital work on
            sole-benefit Amtrak-owned assets located on the Northeast
            Corridor; or
                (4) carrying out Northeast Corridor capital renewal backlog
            projects:

      Provided further, That <<NOTE: Deadline. Spend plan. List.>>  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 <<NOTE: Spend plan. List.>>  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,

    [[Page 135 STAT. 1434]]

    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;

    [[Page 135 STAT. 1435]]

                (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 <<NOTE: Deadline. Spend plan. List.>>  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 <<NOTE: Spend plan. List.>>  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

    [[Page 135 STAT. 1436]]

    2018, and to section 251(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                      railroad crossing elimination program

        For an additional amount for ``Railroad Crossing Elimination
    Program'', $3,000,000,000, to remain available until expended, for
    competitive grants, as authorized under section 22909 of title 49,
    United States Code:  Provided, That $600,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $600,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $600,000,000, to remain available until
    expended, shall be made available for fiscal year 2024, $600,000,000, to
    remain available until expended, shall be made available for fiscal year
    2025, and $600,000,000, to remain available until expended, shall be
    made available for fiscal year 2026:  Provided further, That the
    Secretary may withhold up to 2 percent of the amounts provided under
    this heading in this Act for the costs of award and project management
    oversight of grants carried out under section 22909 of title 49, United
    States Code:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

          federal-state partnership for intercity passenger rail grants

        For an additional amount for ``Federal-State Partnership for
    Intercity Passenger Rail Grants'', $36,000,000,000, to remain available
    until expended, for grants, as authorized section 24911 of title 49,
    United States Code:  Provided, That $7,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2022,
    $7,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2023, $7,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2024,
    $7,200,000,000, to remain available until expended, shall be made
    available for fiscal year 2025, and $7,200,000,000, to remain available
    until expended, shall be made available for fiscal year 2026:  Provided
    further, That, notwithstanding subsection 24911(d)(3) of title 49,
    United States Code, not more than $24,000,000,000 of the amounts made
    available under this heading in this Act for fiscal years 2022 through
    2026 shall be for projects for the Northeast Corridor:  Provided
    further, That amounts made available under the heading ``Northeast
    Corridor Grants to the National Railroad Passenger Corporation'' in this
    Act may be used as non-Federal share for Northeast Corridor projects
    selected for award under section 24911 of title 49, United States Code,
    after the date of enactment of this Act, notwithstanding subsection
    24911(f) of such title:  Provided further, That the Secretary may
    withhold up to 2 percent of the amount provided under this heading in
    this Act in each fiscal year for the costs of award and project
    management oversight of grants carried out under section 24911 of title
    49, United States Code:  Provided further, That such amount is
    designated by the Congress as being for an emergency requirement
    pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the
    concurrent resolution on the budget for fiscal year 2018,

    [[Page 135 STAT. 1437]]

    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--

    [[Page 135 STAT. 1438]]

                (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

    [[Page 135 STAT. 1439]]

    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: <<NOTE: List.>>   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

    [[Page 135 STAT. 1440]]

    encouraged to consult with appropriate stakeholders and the surrounding
    community to ensure accessibility for individuals with disabilities,
    including accessibility for individuals with physical disabilities,
    including those who use wheelchairs, accessibility for individuals with
    sensory disabilities, and accessibility for individuals with
    intellectual or developmental disabilities:  Provided further, That all
    projects shall at least meet the new construction standards of title II
    of the Americans with Disabilities Act of 1990:  Provided further, That
    eligible costs for a project funded with a grant awarded under this
    heading in this Act shall be limited to the costs associated with
    carrying out the purpose described in the preceding proviso:  Provided
    further, That an eligible entity may not use a grant awarded under this
    heading in this Act to upgrade a station or facility for passenger use
    that is accessible to and usable by individuals with disabilities,
    including individuals who use wheelchairs, consistent with current (as
    of the date of the upgrade) new construction standards under title II of
    the Americans with Disabilities Act of 1990 (42 U.S.C. 12131 et seq.):
    Provided further, That a grant for a project made with amounts made
    available under this heading in this Act shall be for 80 percent of the
    net project cost:  Provided further, That the total Federal financial
    assistance available under chapter 53 of title 49, United States Code,
    for an eligible entity that receives a grant awarded under this heading
    in this Act may not exceed 80 percent:  Provided further, That the
    recipient of a grant made with amounts made available under this heading
    in this Act may provide additional local matching amounts:  Provided
    further, That not more than two percent of the funds made available
    under this heading in this Act shall be available for administrative and
    oversight expenses as authorized under section 5334 and section 5338(c)
    of title 49, United States Code, and shall be in addition to any other
    appropriations for such purpose:  Provided further, That one-half of one
    percent of the of the amounts in the preceding proviso shall be
    transferred to the Office of Inspector General of the Department of
    Transportation for oversight of funding provided to the Department of
    Transportation in this title in this Act:  Provided further, That such
    amount is designated by the Congress as being for an emergency
    requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th
    Congress), the concurrent resolution on the budget for fiscal year 2018,
    and to section 251(b) of the Balanced Budget and Emergency Deficit
    Control Act of 1985.

                     electric or low-emitting ferry program

                          (including transfer of funds)

        For competitive grants for electric or low-emitting ferry pilot
    program grants as authorized under section 71102 of division G of this
    Act, $250,000,000, to remain available until expended:  Provided, That
    $50,000,000, to remain available until expended, shall be made available
    for fiscal year 2022, $50,000,000, to remain available until expended,
    shall be made available for fiscal year 2023, $50,000,000, to remain
    available until expended, shall be made available for fiscal year 2024,
    $50,000,000, to remain available until expended, shall be made available
    for fiscal year 2025, and $50,000,000, to remain available until
    expended, shall be made available for fiscal year 2026:  Provided
    further, That amounts made

    [[Page 135 STAT. 1441]]

    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.

    [[Page 135 STAT. 1442]]

                             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.

    [[Page 135 STAT. 1443]]

             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: <<NOTE: Procedures.>>   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 <<NOTE: Notice. Deadline.>>  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: <<NOTE: Awards. Deadline.>>
    Provided further, That the Secretary shall make awards not later than
    270 days after issuing the notices of funding opportunity required under
    the preceding proviso:  Provided further, That not more than 2 percent
    of the amounts made available in each fiscal year shall be available to
    pay the administrative costs of carrying out the grant program under
    this heading in this Act:  Provided further, That one-half of one
    percent of the amounts transferred pursuant to the authority in this
    section in each of fiscal years 2022 through 2026 shall be transferred
    to the Office of Inspector General of the Department of Transportation
    for oversight of funding provided to the Department of Transportation in
    this Act:  Provided further, That such amount is designated by the
    Congress as being for an emergency requirement pursuant to section
    4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution
    on the budget for fiscal year 2018, and to section 251(b) of the
    Balanced Budget and Emergency Deficit Control Act of 1985.

    [[Page 135 STAT. 1444]]

                 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

    [[Page 135 STAT. 1445]]

    and section 4112 of H. Con. Res. 71 (115th Congress), the concurrent
    resolution on the budget for fiscal year 2018.
         This division may be cited as the ``Infrastructure Investments and
    Jobs Appropriations Act''.

       DIVISION <<NOTE: Minority Business Development Act of 2021.>>  K--
    MINORITY BUSINESS DEVELOPMENT
    SEC. 100001. <<NOTE: 15 USC 8501 note.>>  SHORT TITLE.

        This division may be cited as the ``Minority Business Development
    Act of 2021''.
    SEC. 100002. <<NOTE: 15 USC 9501.>>  DEFINITIONS.

        In this division:
                (1) Agency.--The term ``Agency'' means the Minority Business
            Development Agency of the Department of Commerce.
                (2) Community-based organization.--The term ``community-
            based organization'' has the meaning given the term in section
            8101 of the Elementary and Secondary Education Act of 1965 (20
            U.S.C. 7801).
                (3) Eligible entity.--Except as otherwise expressly
            provided, the term ``eligible entity''--
                        (A) means--
                              (i) a private sector entity;
                              (ii) a public sector entity; or
                              (iii) a Native entity; and
                        (B) includes an institution of higher education.
                (4) Federal agency.--The term ``Federal agency'' has the
            meaning given the term ``agency'' in section 551 of title 5,
            United States Code.
                (5) Federally recognized area of economic distress.--The
            term ``federally recognized area of economic distress'' means--
                        (A) a HUBZone, as that term is defined in section
                    31(b) of the Small Business Act (15 U.S.C. 657a(b));
                        (B) an area that--
                              (i) has been designated as--
                                        (I) an empowerment zone under
                                    section 1391 of the Internal Revenue
                                    Code of 1986; or
                                        (II) a Promise Zone by the Secretary
                                    of Housing and Urban Development; or
                              (ii) is a low or moderate income area, as
                          determined by the Department of Housing and Urban
                          Development;
                        (C) a qualified opportunity zone, as that term is
                    defined in section 1400Z-1 of the Internal Revenue Code
                    of 1986; or
                        (D) any other political subdivision or
                    unincorporated area of a State determined by the Under
                    Secretary to be an area of economic distress.
                (6) Institution of higher education.--The term ``institution
            of higher education'' has the meaning given the term in section
            101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
                (7) MBDA business center.--The term ``MBDA Business Center''
            means a business center that--

    [[Page 135 STAT. 1446]]

                        (A) is established by the Agency; and
                        (B) provides technical business assistance to
                    minority business enterprises consistent with the
                    requirements of this division.
                (8) MBDA business center agreement.--The term ``MBDA
            Business Center agreement'' means a legal instrument--
                        (A) reflecting a relationship between the Agency and
                    the recipient of a Federal assistance award that is the
                    subject of the instrument; and
                        (B) that establishes the terms by which the
                    recipient described in subparagraph (A) shall operate an
                    MBDA Business Center.
                (9) Minority business enterprise.--
                        (A) In general.--The term ``minority business
                    enterprise'' means a business enterprise--
                              (i) that is not less than 51 percent-owned by
                          1 or more socially or economically disadvantaged
                          individuals; and
                              (ii) the management and daily business
                          operations of which are controlled by 1 or more
                          socially or economically disadvantaged
                          individuals.
                        (B) Rule of construction.--Nothing in subparagraph
                    (A) may be construed to exclude a business enterprise
                    from qualifying as a ``minority business enterprise''
                    under that subparagraph because of--
                              (i) the status of the business enterprise as a
                          for-profit or not-for-profit enterprise; or
                              (ii) the annual revenue of the business
                          enterprise.
                (10) Native entity.--The term ``Native entity'' means--
                        (A) a Tribal Government;
                        (B) an Alaska Native village or Regional or Village
                    Corporation, as defined in or established pursuant to
                    the Alaska Native Claims Settlement Act (43 U.S.C. 1601
                    et seq.);
                        (C) a Native Hawaiian organization, as that term is
                    defined in section 6207 of the Elementary and Secondary
                    Education Act of 1965 (20 U.S.C. 7517);
                        (D) the Department of Hawaiian Home Lands; and
                        (E) the Office of Hawaiian Affairs.
                (11) Private sector entity.--The term ``private sector
            entity''--
                        (A) means an entity that is not a public sector
                    entity; and
                        (B) does not include--
                              (i) the Federal Government;
                              (ii) any Federal agency; or
                              (iii) any instrumentality of the Federal
                          Government.
                (12) Public sector entity.--The term ``public sector
            entity'' means--
                        (A) a State;
                        (B) an agency of a State;
                        (C) a political subdivision of a State;
                        (D) an agency of a political subdivision of a State;
                    or
                        (E) a Native entity.

    [[Page 135 STAT. 1447]]

                (13) Secretary.--The term ``Secretary'' means the Secretary
            of Commerce.
                (14) Socially or economically disadvantaged business
            concern.--The term ``socially or economically disadvantaged
            business concern'' means a for-profit business enterprise--
                        (A)(i) that is not less than 51 percent owned by 1
                    or more socially or economically disadvantaged
                    individuals; or
                        (ii) that is socially or economically disadvantaged;
                    or
                        (B) the management and daily business operations of
                    which are controlled by 1 or more socially or
                    economically disadvantaged individuals.
                (15) Socially or economically disadvantaged individual.--
                        (A) In general.--The term ``socially or economically
                    disadvantaged individual'' means an individual who has
                    been subjected to racial or ethnic prejudice or cultural
                    bias (or the ability of whom to compete in the free
                    enterprise system has been impaired due to diminished
                    capital and credit opportunities, as compared to others
                    in the same line of business and competitive market
                    area) because of the identity of the individual as a
                    member of a group, without regard to any individual
                    quality of the individual that is unrelated to that
                    identity.
                        (B) Presumption.--In carrying out this division, the
                    Under Secretary shall presume that the term ``socially
                    or economically disadvantaged individual'' includes any
                    individual who is--
                              (i) Black or African American;
                              (ii) Hispanic or Latino;
                              (iii) American Indian or Alaska Native;
                              (iv) Asian;
                              (v) Native Hawaiian or other Pacific Islander;
                          or
                              (vi) a member of a group that the Agency
                          determines under part 1400 of title 15, Code of
                          Federal Regulations, as in effect on November 23,
                          1984, is a socially disadvantaged group eligible
                          to receive assistance.
                (16) Specialty center.--The term ``specialty center'' means
            an MBDA Business Center that provides specialty services
            focusing on specific business needs, including assistance
            relating to--
                        (A) capital access;
                        (B) Federal procurement;
                        (C) entrepreneurship;
                        (D) technology transfer; or
                        (E) any other area determined necessary or
                    appropriate based on the priorities of the Agency.
                (17) State.--The term ``State'' means--
                        (A) each of the States of the United States;
                        (B) the District of Columbia;
                        (C) the Commonwealth of Puerto Rico;
                        (D) the United States Virgin Islands;
                        (E) Guam;
                        (F) American Samoa;
                        (G) the Commonwealth of the Northern Mariana
                    Islands; and

    [[Page 135 STAT. 1448]]

                        (H) each Tribal Government.
                (18) Tribal government.--The term ``Tribal Government''
            means the recognized governing body of any Indian or Alaska
            Native tribe, band, nation, pueblo, village, community,
            component band, or component reservation, individually
            identified (including parenthetically) in the list published
            most recently as of the date of enactment of this division
            pursuant to section 104 of the Federally Recognized Indian Tribe
            List Act of 1994 (25 U.S.C. 5131).
                (19) Under secretary.--The term ``Under Secretary'' means
            the Under Secretary of Commerce for Minority Business
            Development, who is appointed as described in section ___3(b) to
            administer this division.
    SEC. 100003. MINORITY BUSINESS DEVELOPMENT AGENCY.

        (a) In General.--There is within the Department of Commerce the
    Minority Business Development Agency.
        (b) Under Secretary.--
                (1) Appointment and duties.--The Agency shall be headed by
            the Under Secretary of Commerce for Minority Business
            Development, who shall--
                        (A) <<NOTE: President.>>  be appointed by the
                    President, by and with the advice and consent of the
                    Senate;
                        (B) except as otherwise expressly provided, be
                    responsible for the administration of this division; and
                        (C) report directly to the Secretary.
                (2) Compensation.--
                        (A) In general.--The Under Secretary shall be
                    compensated at an annual rate of basic pay prescribed
                    for level III of the Executive Schedule under section
                    5314 of title 5, United States Code.
                        (B) Technical and conforming amendment.--Section
                    5314 of title 5, United States Code, is amended by
                    striking ``and Under Secretary of Commerce for Travel
                    and Tourism'' and inserting ``Under Secretary of
                    Commerce for Travel and Tourism, and Under Secretary of
                    Commerce for Minority Business Development''.
                (3) References.--Any reference in a law, map, regulation,
            document, paper, or other record of the United States to the
            Director of the Agency shall be deemed to be a reference to the
            Under Secretary.

        (c) Report to Congress.--Not later than 120 days after the date of
    enactment of this Act, the Secretary shall submit to Congress a report
    that describes--
                (1) the organizational structure of the Agency;
                (2) the organizational position of the Agency within the
            Department of Commerce; and
                (3) a description of how the Agency shall function in
            relation to the operations carried out by each other component
            of the Department of Commerce.

        (d) Office of Business Centers.--
                (1) Establishment.--There is established within the Agency
            the Office of Business Centers.
                (2) <<NOTE: Appointment.>>  Director.--The Office of
            Business Centers shall be administered by a Director, who shall
            be appointed by the Under Secretary.

        (e) Offices of the Agency.--

    [[Page 135 STAT. 1449]]

                (1) In general.--In addition to the regional offices that
            the Under Secretary is required to establish under paragraph
            (2), the Under Secretary shall establish such other offices
            within the Agency as are necessary to carry out this division.
                (2) Regional offices.--
                        (A) <<NOTE: Determination.>>  In general.--In order
                    to carry out this division, the Under Secretary shall
                    establish a regional office of the Agency for each of
                    the regions of the United States, as determined by the
                    Under Secretary.
                        (B) Duties.--Each regional office established under
                    subparagraph (A) shall expand the reach of the Agency
                    and enable the Federal Government to better serve the
                    needs of minority business enterprises in the region
                    served by the office, including by--
                              (i) understanding and participating in the
                          business environment of that region;
                              (ii) working with--
                                        (I) MBDA Business Centers that are
                                    located in that region;
                                        (II) resource and lending partners
                                    of other appropriate Federal agencies
                                    that are located in that region; and
                                        (III) Federal, State, and local
                                    procurement offices that are located in
                                    that region;
                              (iii) being aware of business retention or
                          expansion programs that are specific to that
                          region;
                              (iv) seeking out opportunities to collaborate
                          with regional public and private programs that
                          focus on minority business enterprises; and
                              (v) promoting business continuity and
                          preparedness.

                          TITLE I--EXISTING INITIATIVES

            Subtitle A--Market Development, Research, and Information

    SEC. 100101. <<NOTE: 15 USC 9511.>>  PRIVATE SECTOR DEVELOPMENT.

        The Under Secretary shall, whenever the Under Secretary determines
    such action is necessary or appropriate--
                (1) provide Federal assistance to minority business
            enterprises operating in domestic and foreign markets by making
            available to those business enterprises, either directly or in
            cooperation with private sector entities, including community-
            based organizations and national nonprofit organizations--
                        (A) resources relating to management;
                        (B) technological and technical assistance;
                        (C) financial, legal, and marketing services; and
                        (D) services relating to workforce development;
                (2) encourage minority business enterprises to establish
            joint ventures and projects--
                        (A) with other minority business enterprises; or
                        (B) in cooperation with public sector entities or
                    private sector entities, including community-based
                    organizations and national nonprofit organizations, to
                    increase the share

    [[Page 135 STAT. 1450]]

                    of any market activity being performed by minority
                    business enterprises; and
                (3) facilitate the efforts of private sector entities and
            Federal agencies to advance the growth of minority business
            enterprises.
    SEC. 100102. <<NOTE: 15 USC 9512.>>  PUBLIC SECTOR DEVELOPMENT.

        The Under Secretary shall, whenever the Under Secretary determines
    such action is necessary or appropriate--
                (1) <<NOTE: Consultation.>>  consult and cooperate with
            public sector entities for the purpose of leveraging resources
            available in the jurisdictions of those public sector entities
            to promote the position of minority business enterprises in the
            local economies of those public sector entities, including by
            assisting public sector entities to establish or enhance--
                        (A) programs to procure goods and services through
                    minority business enterprises and goals for that
                    procurement;
                        (B) programs offering assistance relating to--
                              (i) management;
                              (ii) technology;
                              (iii) law;
                              (iv) financing, including accounting;
                              (v) marketing; and
                              (vi) workforce development; and
                        (C) informational programs designed to inform
                    minority business enterprises located in the
                    jurisdictions of those public sector entities about the
                    availability of programs described in this section;
                (2) meet with leaders and officials of public sector
            entities for the purpose of recommending and promoting local
            administrative and legislative initiatives needed to advance the
            position of minority business enterprises in the local economies
            of those public sector entities; and
                (3) facilitate the efforts of public sector entities and
            Federal agencies to advance the growth of minority business
            enterprises.
    SEC. 100103. <<NOTE: 15 USC 9513.>>  RESEARCH AND INFORMATION.

        (a) In General.--In order to achieve the purposes of this division,
    the Under Secretary--
                (1) shall--
                        (A) <<NOTE: Analysis.>>  collect and analyze data,
                    including data relating to the causes of the success or
                    failure of minority business enterprises;
                        (B) <<NOTE: Studies. Surveys.>>  conduct research,
                    studies, and surveys of--
                              (i) economic conditions generally in the
                          United States; and
                              (ii) how the conditions described in clause
                          (i) particularly affect the development of
                          minority business enterprises; and
                        (C) provide outreach, educational services, and
                    technical assistance in, at a minimum, the 5 most
                    commonly spoken languages in the United States to ensure
                    that limited English proficient individuals receive
                    culturally and linguistically appropriate access to the
                    services and information provided by the Agency; and

    [[Page 135 STAT. 1451]]

                (2) may perform an evaluation of programs carried out by the
            Under Secretary that are designed to assist the development of
            minority business enterprises.

        (b) Information Clearinghouse.--The Under Secretary shall--
                (1) establish and maintain an information clearinghouse for
            the collection and dissemination to relevant parties (including
            business owners and researchers) of demographic, economic,
            financial, managerial, and technical data relating to minority
            business enterprises; and
                (2) take such steps as the Under Secretary may determine to
            be necessary and desirable to--
                        (A) search for, collect, classify, coordinate,
                    integrate, record, and catalog the data described in
                    paragraph (1); and
                        (B) in a manner that is consistent with section 552a
                    of title 5, United States Code, protect the privacy of
                    the minority business enterprises to which the data
                    described in paragraph (1) relates.

    Subtitle B--Minority Business Development Agency Business Center Program

    SEC. 100111. <<NOTE: 15 USC 9521.>>  DEFINITION.

        In this subtitle, the term ``MBDA Business Center Program'' means
    the program established under section ___113.
    SEC. 100112. <<NOTE: 15 USC 9522.>>  PURPOSE.

        The purpose of the MBDA Business Center Program shall be to create a
    national network of public-private partnerships that--
                (1) assist minority business enterprises in--
                        (A) accessing capital, contracts, and grants; and
                        (B) creating and maintaining jobs;
                (2) provide counseling and mentoring to minority business
            enterprises; and
                (3) facilitate the growth of minority business enterprises
            by promoting trade.
    SEC. 100113. <<NOTE: 15 USC 9523.>>  ESTABLISHMENT.

        (a) In General.--There is established in the Agency a program--
                (1) that shall be known as the MBDA Business Center Program;
                (2) that shall be separate and distinct from the efforts of
            the Under Secretary under section ___101; and
                (3) under which the Under Secretary shall make Federal
            assistance awards to eligible entities to operate MBDA Business
            Centers, which shall, in accordance with section ___114, provide
            technical assistance and business development services, or
            specialty services, to minority business enterprises.

        (b) Coverage.--The Under Secretary shall take all necessary actions
    to ensure that the MBDA Business Center Program, in accordance with
    section ___114, offers the services described in subsection (a)(3) in
    all regions of the United States.

    [[Page 135 STAT. 1452]]

    SEC. 100114. <<NOTE: Contracts. 15 USC 9524.>>  GRANTS AND
                                  COOPERATIVE AGREEMENTS.

        (a) Requirements.--An MBDA Business Center (referred to in this
    subtitle as a ``Center''), with respect to the Federal financial
    assistance award made to operate the Center under the MBDA Business
    Center Program--
                (1) shall--
                        (A) provide to minority business enterprises
                    programs and services determined to be appropriate by
                    the Under Secretary, which may include--
                              (i) referral services to meet the needs of
                          minority business enterprises; and
                              (ii) programs and services to accomplish the
                          goals described in section ___101(1);
                        (B) develop, cultivate, and maintain a network of
                    strategic partnerships with organizations that foster
                    access by minority business enterprises to economic
                    markets, capital, or contracts;
                        (C) continue to upgrade and modify the services
                    provided by the Center, as necessary, in order to meet
                    the changing and evolving needs of the business
                    community;
                        (D) establish or continue a referral relationship
                    with not less than 1 community-based organization; and
                        (E) collaborate with other Centers; and
                (2) in providing programs and services under the applicable
            MBDA Business Center agreement, may--
                        (A) operate on a fee-for-service basis; or
                        (B) generate income through the collection of--
                              (i) client fees;
                              (ii) membership fees; and
                              (iii) any other appropriate fees proposed by
                          the Center in the application submitted by the
                          Center under subsection (e).

        (b) Term.--Subject to subsection (g)(3), the term of an MBDA
    Business Center agreement shall be not less than 3 years.
        (c) Financial Assistance.--
                (1) In general.--The amount of financial assistance provided
            by the Under Secretary under an MBDA Business Center agreement
            shall be not less than $250,000 for the term of the agreement.
                (2) Matching requirement.--
                        (A) <<NOTE: Determination.>>  In general.--A Center
                    shall match not less than \1/3\ of the amount of the
                    financial assistance awarded to the Center under the
                    terms of the applicable MBDA Business Center agreement,
                    unless the Under Secretary determines that a waiver of
                    that requirement is necessary after a demonstration by
                    the Center of a substantial need for that waiver.
                        (B) Form of funds.--A Center may meet the matching
                    requirement under subparagraph (A) by using--
                              (i) cash or in-kind contributions, without
                          regard to whether the contribution is made by a
                          third party; or
                              (ii) Federal funds received from other Federal
                          programs.
                (3) Use of financial assistance and program income.--A
            Center shall use--

    [[Page 135 STAT. 1453]]

                        (A) all financial assistance awarded to the Center
                    under the applicable MBDA Business Center agreement to
                    carry out subsection (a); and
                        (B) all income that the Center generates in carrying
                    out subsection (a)--
                              (i) to meet the matching requirement under
                          paragraph (2) of this subsection; and
                              (ii) if the Center meets the matching
                          requirement under paragraph (2) of this
                          subsection, to carry out subsection (a).

        (d) Criteria for Selection.--The Under Secretary shall--
                (1) establish criteria that--
                        (A) <<NOTE: Determination.>>  the Under Secretary
                    shall use in determining whether to enter into an MBDA
                    Business Center agreement with an eligible entity; and
                        (B) may include criteria relating to whether an
                    eligible entity is located in--
                              (i) an area, the population of which is
                          composed of not less than 51 percent socially or
                          economically disadvantaged individuals, as
                          determined in accordance with data collected by
                          the Bureau of the Census;
                              (ii) a federally recognized area of economic
                          distress; or
                              (iii) a State that is underserved with respect
                          to the MBDA Business Center Program, as defined by
                          the Under Secretary; and
                (2) <<NOTE: Public information.>>  make the criteria and
            standards established under paragraph (1) publicly available,
            including--
                        (A) <<NOTE: Web posting.>>  on the website of the
                    Agency; and
                        (B) in each Notice of Funding Opportunity soliciting
                    MBDA Business Center agreements.

        (e) Applications.--An eligible entity desiring to enter into an MBDA
    Business Center agreement shall submit to the Under Secretary an
    application that includes--
                (1) a statement of--
                        (A) how the eligible entity will carry out
                    subsection (a); and
                        (B) any experience or plans of the eligible entity
                    with respect to--
                              (i) assisting minority business enterprises
                          to--
                                        (I) obtain--
                                                (aa) large-scale contracts,
                                            grants, or procurements;
                                                (bb) financing; or
                                                (cc) legal assistance;
                                        (II) access established supply
                                    chains; and
                                        (III) engage in--
                                                (aa) joint ventures, teaming
                                            arrangements, and mergers and
                                            acquisitions; or
                                                (bb) large-scale
                                            transactions in global markets;
                              (ii) supporting minority business enterprises
                          in increasing the size of the workforces of those
                          enterprises, including, with respect to a minority
                          business enterprise that does not have employees,
                          aiding the minority business enterprise in
                          becoming an enterprise that has employees; and

    [[Page 135 STAT. 1454]]

                              (iii) advocating for minority business
                          enterprises; and
                (2) the budget and corresponding budget narrative that the
            eligible entity will use in carrying out subsection (a) during
            the term of the applicable MBDA Business Center agreement.

        (f) <<NOTE: Deadline.>>  Notification.--If the Under Secretary
    grants an application of an eligible entity submitted under subsection
    (e), the Under Secretary shall notify the eligible entity that the
    application has been granted not later than 150 days after the last day
    on which an application may be submitted under that subsection.

        (g) Program Examination; Accreditation; Extensions.--
                (1) <<NOTE: Deadline. Time period.>>  Examination.--Not
            later than 180 days after the date of enactment of this Act, and
            biennially thereafter, the Under Secretary shall conduct a
            programmatic financial examination of each Center.
                (2) Accreditation.--The Under Secretary may provide
            financial support, by contract or otherwise, to an association,
            not less than 51 percent of the members of which are Centers,
            to--
                        (A) pursue matters of common concern with respect to
                    Centers; and
                        (B) develop an accreditation program with respect to
                    Centers.
                (3) Extensions.--
                        (A) In general.--The Under Secretary may extend the
                    term under subsection (b) of an MBDA Business Center
                    agreement to which a Center is a party, if the Center
                    consents to the extension.
                        (B) Financial assistance.--If the Under Secretary
                    extends the term of an MBDA Business Center agreement
                    under paragraph (1), the Under Secretary shall, in the
                    same manner and amount in which financial assistance was
                    provided during the initial term of the agreement,
                    provide financial assistance under the agreement during
                    the extended term of the agreement.

        (h) MBDA Involvement.--The Under Secretary may take actions to
    ensure that the Agency is substantially involved in the activities of
    Centers in carrying out subsection (a), including by--
                (1) providing to each Center training relating to the MBDA
            Business Center Program;
                (2) requiring that the operator and staff of each Center--
                        (A) attend--
                              (i) a conference with the Agency to establish
                          the services and programs that the Center will
                          provide in carrying out the requirements before
                          the date on which the Center begins providing
                          those services and programs; and
                              (ii) training provided under paragraph (1);
                        (B) receive necessary guidance relating to carrying
                    out the requirements under subsection (a); and
                        (C) <<NOTE: Coordination.>>  work in coordination
                    and collaboration with the Under Secretary to carry out
                    the MBDA Business Center Program and other programs of
                    the Agency;
                (3) facilitating connections between Centers and--
                        (A) Federal agencies other than the Agency, as
                    appropriate; and

    [[Page 135 STAT. 1455]]

                        (B) other institutions or entities that use Federal
                    resources, such as--
                              (i) small business development centers, as
                          that term is defined in section 3(t) of the Small
                          Business Act (15 U.S.C. 632(t));
                              (ii) women's business centers described in
                          section 29 of the Small Business Act (15 U.S.C.
                          656);
                              (iii) eligible entities, as that term is
                          defined in section 2411 of title 10, United States
                          Code, that provide services under the program
                          carried out under chapter 142 of that title; and
                              (iv) entities participating in the Hollings
                          Manufacturing Extension Partnership Program
                          established under section 25 of the National
                          Institute of Standards and Technology Act (15
                          U.S.C. 278k);
                (4) monitoring projects carried out by each Center; and
                (5) establishing and enforcing administrative and reporting
            requirements for each Center to carry out subsection (a).

        (i) <<NOTE: Publication.>>  Regulations.--The Under Secretary shall
    issue and publish regulations that establish minimum standards regarding
    verification of minority business enterprise status for clients of
    entities operating under the MBDA Business Center Program.
    SEC. 100115. <<NOTE: 15 USC 9525.>>  MINIMIZING DISRUPTIONS TO
                                  EXISTING MBDA BUSINESS CENTER
                                  PROGRAM.

        The Under Secretary shall ensure that each Federal assistance award
    made under the Business Centers program of the Agency, as is in effect
    on the day before the date of enactment of this Act, is carried out in a
    manner that, to the greatest extent practicable, prevents disruption of
    any activity carried out under that award.
    SEC. 100116. PUBLICITY.

        In carrying out the MBDA Business Center Program, the Under
    Secretary shall widely publicize the MBDA Business Center Program,
    including--
                (1) <<NOTE: Web posting.>>  on the website of the Agency;
                (2) <<NOTE: Social media.>>  via social media outlets; and
                (3) by sharing information relating to the MBDA Business
            Center Program with community-based organizations, including
            interpretation groups where necessary, to communicate in the
            most common languages spoken by the groups served by those
            organizations.

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

    SEC. 100201. <<NOTE: 15 USC 9541.>>  ANNUAL DIVERSE BUSINESS FORUM
                                  ON CAPITAL FORMATION.

        (a) <<NOTE: Deadline. Review.>>  Responsibility of Agency.--Not
    later than 18 months after the date of enactment of this Act, and
    annually thereafter, the Under Secretary shall conduct a Government-
    business forum to review the current status of problems and programs
    relating to capital formation by minority business enterprises.

    [[Page 135 STAT. 1456]]

        (b) Participation in Forum Planning.--The Under Secretary shall
    invite the heads of other Federal agencies, such as the Chairman of the
    Securities and Exchange Commission, the Secretary of the Treasury, and
    the Chairman of the Board of Governors of the Federal Reserve System,
    organizations representing State securities commissioners,
    representatives of leading minority chambers of commerce, not less than
    1 certified owner of a minority business enterprise, business
    organizations, and professional organizations concerned with capital
    formation to participate in the planning of each forum conducted under
    subsection (a).
        (c) Preparation of Statements and Reports.--
                (1) Requests.--The Under Secretary may request that any head
            of a Federal agency, department, or organization, including
            those described in subsection (b), or any other group or
            individual, prepare a statement or report to be delivered at any
            forum conducted under subsection (a).
                (2) Cooperation.--Any head of a Federal agency, department,
            or organization who receives a request under paragraph (1)
            shall, to the greatest extent practicable, cooperate with the
            Under Secretary to fulfill that request.

        (d) Transmittal of Proceedings and Findings.--The Under Secretary
    shall--
                (1) <<NOTE: Summary. Recommenda- tions.>>  prepare a summary
            of the proceedings of each forum conducted under subsection (a),
            which shall include the findings and recommendations of the
            forum; and
                (2) transmit the summary described in paragraph (1) with
            respect to each forum conducted under subsection (a) to--
                        (A) the participants in the forum;
                        (B) Congress; and
                        (C) <<NOTE: Public information. Web posting.>>  the
                    public, through a publicly available website.

        (e) Review of Findings and Recommendations; Public Statements.--
                (1) In general.--A Federal agency to which a finding or
            recommendation described in subsection (d)(1) relates shall--
                        (A) review that finding or recommendation; and
                        (B) promptly after the finding or recommendation is
                    transmitted under subsection (d)(2)(C), issue a public
                    statement--
                              (i) <<NOTE: Assessment.>>  assessing the
                          finding or recommendation; and
                              (ii) <<NOTE: Disclosure.>>  disclosing the
                          action, if any, the Federal agency intends to take
                          with respect to the finding or recommendation.
                (2) Joint statement permitted.--If a finding or
            recommendation described in subsection (d)(1) relates to more
            than 1 Federal agency, the applicable Federal agencies may, for
            the purposes of the public statement required under paragraph
            (1)(B), issue a joint statement.
    SEC. 100202. <<NOTE: 15 USC 9542.>>  AGENCY STUDY ON ALTERNATIVE
                                  FINANCING SOLUTIONS.

        (a) Purpose.--The purpose of this section is to provide information
    relating to alternative financing solutions to minority business
    enterprises, as those business enterprises are more likely to struggle
    in accessing, particularly at affordable rates, traditional sources of
    capital.
        (b) Study and Report.--Not later than 1 year after the date of
    enactment of this Act, the Under Secretary shall--

    [[Page 135 STAT. 1457]]

                (1) conduct a study on opportunities for providing
            alternative financing solutions to minority business
            enterprises; and
                (2) <<NOTE: Web posting.>>  submit to Congress, and publish
            on the website of the Agency, a report describing the findings
            of the study carried out under paragraph (1).
    SEC. 100203. <<NOTE: 15 USC 9543.>>  EDUCATIONAL DEVELOPMENT
                                  RELATING TO MANAGEMENT AND
                                  ENTREPRENEURSHIP.

        (a) Duties.--The Under Secretary shall, whenever the Under Secretary
    determines such action is necessary or appropriate--
                (1) promote the education and training of socially or
            economically disadvantaged individuals in subjects directly
            relating to business administration and management;
                (2) encourage institutions of higher education, leaders in
            business and industry, and other public sector entities and
            private sector entities, particularly minority business
            enterprises, to--
                        (A) develop programs to offer scholarships and
                    fellowships, apprenticeships, and internships relating
                    to business to socially or economically disadvantaged
                    individuals; and
                        (B) sponsor seminars, conferences, and similar
                    activities relating to business for the benefit of
                    socially or economically disadvantaged individuals;
                (3) stimulate and accelerate curriculum design and
            improvement in support of development of minority business
            enterprises; and
                (4) encourage and assist private institutions and
            organizations and public sector entities to undertake activities
            similar to the activities described in paragraphs (1), (2), and
            (3).

        (b) Parren J. Mitchell Entrepreneurship Education Grants.--
                (1) Definition.--In this subsection, the term ``eligible
            institution'' means an institution of higher education described
            in any of paragraphs (1) through (7) of section 371(a) of the
            Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
                (2) Grants.--The Under Secretary shall award grants to
            eligible institutions to develop and implement entrepreneurship
            curricula.
                (3) Requirements.--An eligible institution to which a grant
            is awarded under this subsection shall use the grant funds to--
                        (A) develop a curriculum that includes training in
                    various skill sets needed by contemporary successful
                    entrepreneurs, including--
                              (i) business management and marketing;
                              (ii) financial management and accounting;
                              (iii) market analysis;
                              (iv) competitive analysis;
                              (v) innovation;
                              (vi) strategic and succession planning;
                              (vii) marketing;
                              (viii) general management;
                              (ix) technology and technology adoption;
                              (x) leadership; and
                              (xi) human resources; and
                        (B) implement the curriculum developed under
                    subparagraph (A) at the eligible institution.

    [[Page 135 STAT. 1458]]

                (4) <<NOTE: Publication.>>  Implementation timeline.--The
            Under Secretary shall establish and publish a timeline under
            which an eligible institution to which a grant is awarded under
            this section shall carry out the requirements under paragraph
            (3).
                (5) <<NOTE: Evaluation.>>  Reports.--Each year, the Under
            Secretary shall submit to all applicable committees of Congress,
            and as part of the annual budget submission of the President
            under section 1105(a) of title 31, United States Code, a report
            evaluating the awarding and use of grants under this subsection
            during the fiscal year immediately preceding the fiscal year in
            which the report is submitted, which shall include, with respect
            to the fiscal year covered by the report--
                        (A) a description of each curriculum developed and
                    implemented under each grant awarded under this section;
                        (B) the date on which each grant awarded under this
                    section was awarded; and
                        (C) the number of eligible entities that were
                    recipients of grants awarded under this section.

                TITLE III--RURAL MINORITY BUSINESS CENTER PROGRAM

    SEC. 100301. <<NOTE: 15 USC 9551.>>  DEFINITIONS.

        In this title:
                (1) Appropriate congressional committees.--The term
            ``appropriate congressional committees'' means--
                        (A) the Committee on Commerce, Science, and
                    Transportation of the Senate; and
                        (B) the Committee on Financial Services of the House
                    of Representatives.
                (2) Eligible entity.--The term ``eligible entity'' means--
                        (A) a minority-serving institution; or
                        (B) a consortium of institutions of higher education
                    that is led by a minority-serving institution.
                (3) MBDA rural business center.--The term ``MBDA Rural
            Business Center'' means an MBDA Business Center that provides
            technical business assistance to minority business enterprises
            located in rural areas.
                (4) MBDA rural business center agreement.--The term ``MBDA
            Rural Business Center agreement'' means an MBDA Business Center
            agreement that establishes the terms by which the recipient of
            the Federal assistance award that is the subject of the
            agreement shall operate an MBDA Rural Business Center.
                (5) Minority-serving institution.--The term ``minority-
            serving institution'' means an institution described in any of
            paragraphs (1) through (7) of section 371(a) of the Higher
            Education Act of 1965 (20 U.S.C. 1067q(a)).
                (6) Rural area.--The term ``rural area'' has the meaning
            given the term in section 343(a) of the Consolidated Farm and
            Rural Development Act (7 U.S.C. 1991(a)).
                (7) Rural minority business enterprise.--The term ``rural
            minority business enterprise'' means a minority business
            enterprise located in a rural area.

    [[Page 135 STAT. 1459]]

    SEC. 100302. <<NOTE: 15 USC 9552.>>  BUSINESS CENTERS.

        (a) In General.--The Under Secretary may establish MBDA Rural
    Business Centers.
        (b) Partnership.--
                (1) In general.--With respect to an MBDA Rural Business
            Center established by the Under Secretary, the Under Secretary
            shall establish the MBDA Rural Business Center in partnership
            with an eligible entity in accordance with paragraph (2).
                (2) <<NOTE: Contracts.>>  MBDA agreement.--
                        (A) In general.--With respect to each MBDA Rural
                    Business Center established by the Under Secretary, the
                    Under Secretary shall enter into a cooperative agreement
                    with an eligible entity that provides that--
                              (i) the eligible entity shall provide space,
                          facilities, and staffing for the MBDA Rural
                          Business Center;
                              (ii) the Under Secretary shall provide funding
                          for, and oversight with respect to, the MBDA Rural
                          Business Center; and
                              (iii) subject to subparagraph (B), the
                          eligible entity shall match 20 percent of the
                          amount of the funding provided by the Under
                          Secretary under clause (ii), which may be
                          calculated to include the costs of providing the
                          space, facilities, and staffing under clause (i).
                        (B) Lower match requirement.--Based on the available
                    resources of an eligible entity, the Under Secretary may
                    enter into a cooperative agreement with the eligible
                    entity that provides that--
                              (i) the eligible entity shall match less than
                          20 percent of the amount of the funding provided
                          by the Under Secretary under subparagraph (A)(ii);
                          or
                              (ii) <<NOTE: Determination.>>  if the Under
                          Secretary makes a determination, upon a
                          demonstration by the eligible entity of
                          substantial need, the eligible entity shall not be
                          required to provide any match with respect to the
                          funding provided by the Under Secretary under
                          subparagraph (A)(ii).
                        (C) Eligible funds.--An eligible entity may provide
                    matching funds required under an MBDA Rural Business
                    Center agreement with Federal funds received from other
                    Federal programs.
                (3) Term.--The initial term of an MBDA Rural Business Center
            agreement shall be not less than 3 years.
                (4) Extension.--The Under Secretary and an eligible entity
            may agree to extend the term of an MBDA Rural Business Center
            agreement with respect to an MBDA Rural Business Center.

        (c) Functions.--An MBDA Rural Business Center shall--
                (1) primarily serve clients that are--
                        (A) rural minority business enterprises; or
                        (B) minority business enterprises that are located
                    more than 50 miles from an MBDA Business Center (other
                    than that MBDA Rural Business Center);
                (2) focus on--
                        (A) issues relating to--
                              (i) the adoption of broadband internet access
                          service (as defined in section 8.1(b) of title 47,
                          Code of Federal Regulations, or any successor
                          regulation),

    [[Page 135 STAT. 1460]]

                          digital literacy skills, and e-commerce by rural
                          minority business enterprises;
                              (ii) advanced manufacturing;
                              (iii) the promotion of manufacturing in the
                          United States;
                              (iv) ways in which rural minority business
                          enterprises can meet gaps in the supply chain of
                          critical supplies and essential goods and services
                          for the United States;
                              (v) improving the connectivity of rural
                          minority business enterprises through
                          transportation and logistics;
                              (vi) promoting trade and export opportunities
                          by rural minority business enterprises;
                              (vii) securing financial capital;
                              (viii) facilitating entrepreneurship in rural
                          areas; and
                              (ix) creating jobs in rural areas; and
                        (B) any other issue relating to the unique
                    challenges faced by rural minority business enterprises;
                    and
                (3) provide education, training, and legal, financial, and
            technical assistance to minority business enterprises.

        (d) Applications.--
                (1) <<NOTE: Deadline. Notice.>>  In general.--Not later than
            90 days after the date of enactment of this Act, the Under
            Secretary shall issue a Notice of Funding Opportunity requesting
            applications from eligible entities that desire to enter into
            MBDA Rural Business Center agreements.
                (2) Criteria and priority.--In selecting an eligible entity
            with which to enter into an MBDA Rural Business Center
            agreement, the Under Secretary shall--
                        (A) select an eligible entity that demonstrates--
                              (i) the ability to collaborate with
                          governmental and private sector entities to
                          leverage capabilities of minority business
                          enterprises through public-private partnerships;
                              (ii) the research and extension capacity to
                          support minority business enterprises;
                              (iii) knowledge of the community that the
                          eligible entity serves and the ability to conduct
                          effective outreach to that community to advance
                          the goals of an MBDA Rural Business Center;
                              (iv) the ability to provide innovative
                          business solutions, including access to
                          contracting opportunities, markets, and capital;
                              (v) the ability to provide services that
                          advance the development of science, technology,
                          engineering, and math jobs within minority
                          business enterprises;
                              (vi) the ability to leverage resources from
                          within the eligible entity to advance an MBDA
                          Rural Business Center;
                              (vii) that the mission of the eligible entity
                          aligns with the mission of the Agency;
                              (viii) the ability to leverage relationships
                          with rural minority business enterprises; and
                              (ix) a referral relationship with not less
                          than 1 community-based organization; and

    [[Page 135 STAT. 1461]]

                        (B) give priority to an eligible entity that--
                              (i) is located in a State or region that has a
                          significant population of socially or economically
                          disadvantaged individuals;
                              (ii) has a history of serving socially or
                          economically disadvantaged individuals; or
                              (iii) in the determination of the Under
                          Secretary, has not received an equitable
                          allocation of land and financial resources under--
                                        (I) the Act of July 2, 1862
                                    (commonly known as the ``First Morrill
                                    Act'') (12 Stat. 503, chapter 130; 7
                                    U.S.C. 301 et seq.); or
                                        (II) the Act of August 30, 1890
                                    (commonly known as the ``Second Morrill
                                    Act'') (26 Stat. 417, chapter 841; 7
                                    U.S.C. 321 et seq.).
                (3) Considerations.--In determining whether to enter into an
            MBDA Rural Business Center agreement with an eligible entity
            under this section, the Under Secretary shall consider the needs
            of the eligible entity.
    SEC. 100303. <<NOTE: 15 USC 9553.>>  REPORT TO CONGRESS.

        Not later than 1 year after the date of enactment of this Act, the
    Under Secretary shall submit to the appropriate congressional committees
    a report that includes--
                (1) <<NOTE: Summary.>>  a summary of the efforts of the
            Under Secretary to provide services to minority business
            enterprises located in States that lack an MBDA Business Center,
            as of the date of enactment of this Act, and especially in those
            States that have significant minority populations; and
                (2) <<NOTE: Recommenda- tions.>>  recommendations for
            extending the outreach of the Agency to underserved areas.
    SEC. 100304. <<NOTE: Recommenda- tions. 15 USC
                                  9554. Coordination.>>  STUDY AND
                                  REPORT.

        (a) In General.--The Under Secretary, in coordination with relevant
    leadership of the Agency and relevant individuals outside of the
    Department of Commerce, shall conduct a study that addresses the ways in
    which minority business enterprises can meet gaps in the supply chain of
    the United States, with a particular focus on the supply chain of
    advanced manufacturing and essential goods and services.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Under Secretary shall submit to the appropriate
    congressional committees a report that includes the results of the study
    conducted under subsection (a), which shall include recommendations
    regarding the ways in which minority business enterprises can meet gaps
    in the supply chain of the United States.

                 TITLE IV--MINORITY BUSINESS DEVELOPMENT GRANTS

    SEC. 100401. <<NOTE: 15 USC 9561.>>  GRANTS TO NONPROFIT
                                  ORGANIZATIONS THAT SUPPORT MINORITY
                                  BUSINESS ENTERPRISES.

        (a) Definition.--In this section, the term ``covered entity'' means
    a private nonprofit organization that--

    [[Page 135 STAT. 1462]]

                (1) is described in paragraph (3), (4), (5), or (6) of
            section 501(c) of the Internal Revenue Code of 1986 and exempt
            from tax under section 501(a) of such Code; and
                (2) can demonstrate that a primary activity of the
            organization is to provide services to minority business
            enterprises, whether through education, making grants or loans,
            or other similar activities.

        (b) Purpose.--The purpose of this section is to make grants to
    covered entities to help those covered entities continue the necessary
    work of supporting minority business enterprises.
        (c) Designation of Office.--
                (1) <<NOTE: Deadline.>>  In general.--Not later than 180
            days after the date of enactment of this Act, the Under
            Secretary shall designate an office to make and administer
            grants under this section.
                (2) Considerations.--In designating an office under
            paragraph (1), the Under Secretary shall ensure that the office
            designated has adequate staffing to carry out the
            responsibilities of the office under this section.

        (d) Application.--A covered entity desiring a grant under this
    section shall submit to the Under Secretary an application at such time,
    in such manner, and containing such information as the Under Secretary
    may require.
        (e) Priority.--The Under Secretary shall, in carrying out this
    section, prioritize granting an application submitted by a covered
    entity that is located in a federally recognized area of economic
    distress.
        (f) Use of Funds.--A covered entity to which a grant is made under
    this section may use the grant funds to support the development, growth,
    or retention of minority business enterprises.
        (g) Procedures.--The Under Secretary shall establish procedures to--
                (1) discourage and prevent waste, fraud, and abuse by
            applicants for, and recipients of, grants made under this
            section; and
                (2) ensure that grants are made under this section to a
            diverse array of covered entities, which may include--
                        (A) covered entities with a national presence;
                        (B) community-based covered entities;
                        (C) covered entities with annual budgets below
                    $1,000,000; or
                        (D) covered entities that principally serve low-
                    income and rural communities.

        (h) <<NOTE: Deadline.>>  Inspector General Audit.--Not later than
    180 days after the date on which the Under Secretary begins making
    grants under this section, the Inspector General of the Department of
    Commerce shall--
                (1) conduct an audit of grants made under this section,
            which shall seek to identify any discrepancies or irregularities
            with respect to those grants; and
                (2) <<NOTE: Reports.>>  submit to Congress a report
            regarding the audit conducted under paragraph (1).

        (i) <<NOTE: Reports.>>  Updates to Congress.--Not later than 90 days
    after the date on which the Under Secretary makes the designation
    required under subsection (c), and once every 30 days thereafter, the
    Under Secretary shall submit to Congress a report that contains--
                (1) the number of grants made under this section during the
            period covered by the report; and

    [[Page 135 STAT. 1463]]

                (2) with respect to the grants described in paragraph (1)--
                        (A) the geographic distribution of those grants by
                    State and county;
                        (B) if applicable, demographic information with
                    respect to the minority business enterprises served by
                    the covered entities to which the grants were made; and
                        (C) information regarding the industries of the
                    minority business enterprises served by the covered
                    entities to which the grants were made.

             TITLE V--MINORITY BUSINESS ENTERPRISES ADVISORY COUNCIL

    SEC. 100501. <<NOTE: 15 USC 9571.>>  PURPOSE.

        The Under Secretary shall establish the Minority Business
    Enterprises Advisory Council (referred to in this title as the
    ``Council'') to advise and assist the Agency.
    SEC. 100502. <<NOTE: 15 USC 9572.>>  COMPOSITION AND TERM.

        (a) Composition.--The Council shall be composed of 9 members of the
    private sector and 1 representative from each of not fewer than 10
    Federal agencies that support or otherwise have duties that relate to
    business formation, including duties relating to labor development,
    monetary policy, national security, energy, agriculture, transportation,
    and housing.
        (b) Chair.--The Under Secretary shall designate 1 of the private
    sector members of the Council as the Chair of the Council for a 1-year
    term.
        (c) Term.--The Council shall meet at the request of the Under
    Secretary and members shall serve for a term of 2 years. Members of the
    Council may be reappointed.
    SEC. 100503. <<NOTE: 15 USC 9573.>>  DUTIES.

        (a) In General.--The Council shall provide advice to the Under
    Secretary by--
                (1) serving as a source of knowledge and information on
            developments in areas of the economic and social life of the
            United States that affect socially or economically disadvantaged
            business concerns;
                (2) providing the Under Secretary with information regarding
            plans, programs, and activities in the public and private
            sectors that relate to socially or economically disadvantaged
            business concerns; and
                (3) advising the Under Secretary regarding--
                        (A) any measures to better achieve the objectives of
                    this division; and
                        (B) problems and matters the Under Secretary refers
                    to the Council.

        (b) Capacity.--Members of the Council shall not be compensated for
    service on the Council but may be allowed travel expenses, including per
    diem in lieu of subsistence, in accordance with subchapter I of chapter
    57 of title 5, United States Code.
        (c) Termination.--Notwithstanding section 14 of the Federal Advisory
    Committee Act (5 U.S.C. App.), the Council shall terminate on the date
    that is 5 years after the date of enactment of this Act.

    [[Page 135 STAT. 1464]]

          TITLE VI--FEDERAL COORDINATION OF MINORITY BUSINESS PROGRAMS

    SEC. 100601. <<NOTE: 15 USC 9581.>>  GENERAL DUTIES.

        The Under Secretary may coordinate, as consistent with law, the
    plans, programs, and operations of the Federal Government that affect,
    or may contribute to, the establishment, preservation, and strengthening
    of socially or economically disadvantaged business concerns.
    SEC. 100602. <<NOTE: Coordination. 15 USC 9582.>>  PARTICIPATION
                                  OF FEDERAL DEPARTMENTS AND AGENCIES.

        The Under Secretary shall--
                (1) <<NOTE: Consultation.>>  consult with other Federal
            agencies and departments as appropriate to--
                        (A) develop policies, comprehensive plans, and
                    specific program goals for the programs carried out
                    under subtitle B of title I and title III;
                        (B) establish regular performance monitoring and
                    reporting systems to ensure that goals established by
                    the Under Secretary with respect to the implementation
                    of this division are being achieved; and
                        (C) <<NOTE: Evaluation.>>  evaluate the impact of
                    Federal support of socially or economically
                    disadvantaged business concerns in achieving the
                    objectives of this division;
                (2) <<NOTE: Review.>>  conduct a coordinated review of all
            proposed Federal training and technical assistance activities in
            direct support of the programs carried out under subtitle B of
            title I and title III to ensure consistency with program goals
            and to avoid duplication; and
                (3) convene, for purposes of coordination, meetings of the
            heads of such Federal agencies and departments, or their
            designees, the programs and activities of which may affect or
            contribute to the carrying out of this division.

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

    SEC. 100701. <<NOTE: 15 USC 9591.>>  ADMINISTRATIVE POWERS.

        (a) In General.--In carrying out this division, the Under Secretary
    may--
                (1) adopt and use a seal for the Agency, which shall be
            judicially noticed;
                (2) hold hearings, sit and act, and take testimony as the
            Under Secretary may determine to be necessary or appropriate to
            carry out this division;
                (3) acquire, in any lawful manner, any property that the
            Under Secretary determines to be necessary or appropriate to
            carry out this division;
                (4) <<NOTE: Contracts.>>  with the consent of another
            Federal agency, enter into an agreement with that Federal agency
            to utilize, with or without reimbursement, any service,
            equipment, personnel, or facility of that Federal agency;

    [[Page 135 STAT. 1465]]

                (5) <<NOTE: Coordination.>>  coordinate with the heads of
            the Offices of Small and Disadvantaged Business Utilization of
            Federal agencies;
                (6) <<NOTE: Procedures.>>  develop procedures under which
            the Under Secretary may evaluate the compliance of a recipient
            of assistance under this Act with the requirements of this Act;
                (7) deobligate assistance provided under this Act to a
            recipient that has demonstrated an insufficient level of
            performance with respect to the assistance, or has engaged in
            wasteful or fraudulent spending; and
                (8) <<NOTE: Determination. Effective date.>>  provide that a
            recipient of assistance under this Act that has demonstrated an
            insufficient level of performance with respect to the
            assistance, or has engaged in wasteful or fraudulent spending,
            shall be ineligible to receive assistance under this Act for a
            period determined by the Under Secretary, consistent with the
            considerations under section 180.865 of title 2, Code of Federal
            Regulations (or any successor regulation), beginning on the date
            on which the Under Secretary makes the applicable finding.

        (b) Use of Property.--
                (1) In general.--Subject to paragraph (2), in carrying out
            this division, the Under Secretary may, without cost (except for
            costs of care and handling), allow any public sector entity, or
            any recipient nonprofit organization, for the purpose of the
            development of minority business enterprises, to use any real or
            tangible personal property acquired by the Agency in carrying
            out this division.
                (2) Terms, conditions, reservations, and restrictions.--The
            Under Secretary may impose reasonable terms, conditions,
            reservations, and restrictions upon the use of any property
            under paragraph (1).
    SEC. 100702. <<NOTE: 15 USC 9592.>>  FEDERAL ASSISTANCE.

        (a) In General.--
                (1) Provision of federal assistance.--To carry out sections
            ___101, ___102, and ___103(a), the Under Secretary may provide
            Federal assistance to public sector entities and private sector
            entities in the form of grants or cooperative agreements.
                (2) <<NOTE: Deadline. Publication.>>  Notice.--Not later
            than 120 days after the date on which amounts are appropriated
            to carry out this section, the Under Secretary shall, in
            accordance with subsection (b), broadly publish a statement
            regarding Federal assistance that will, or may, be provided
            under paragraph (1) during the fiscal year for which those
            amounts are appropriated, including--
                        (A) the actual, or anticipated, amount of Federal
                    assistance that will, or may, be made available;
                        (B) the types of Federal assistance that will, or
                    may, be made available;
                        (C) the manner in which Federal assistance will be
                    allocated among public sector entities and private
                    sector entities, as applicable; and
                        (D) the methodology used by the Under Secretary to
                    make allocations under subparagraph (C).
                (3) Consultation.--The Under Secretary shall consult with
            public sector entities and private sector entities, as
            applicable, in deciding the amounts and types of Federal
            assistance to make available under paragraph (1).

    [[Page 135 STAT. 1466]]

        (b) Publicity.--In carrying out this section, the Under Secretary
    shall broadly publicize all opportunities for Federal assistance
    available under this section, including through the means required under
    section ___116.
    SEC. 100703. <<NOTE: 15 USC 9593.>>  RECORDKEEPING.

        (a) <<NOTE: Disclosure.>>  In General.--Each recipient of assistance
    under this division shall keep such records as the Under Secretary shall
    prescribe, including records that fully disclose, with respect to the
    assistance received by the recipient under this division--
                (1) the amount and nature of that assistance;
                (2) the disposition by the recipient of the proceeds of that
            assistance;
                (3) the total cost of the undertaking for which the
            assistance is given or used;
                (4) the amount and nature of the portion of the cost of the
            undertaking described in paragraph (3) that is supplied by a
            source other than the Agency;
                (5) the return on investment, as defined by the Under
            Secretary; and
                (6) any other record that will facilitate an effective audit
            with respect to the assistance.

        (b) Access by Government Officials.--The Under Secretary, the
    Inspector General of the Department of Commerce, and the Comptroller
    General of the United States, or any duly authorized representative of
    any such individual, shall have access, for the purpose of audit,
    investigation, and examination, to any book, document, paper, record, or
    other material of the Agency or an MBDA Business Center.
    SEC. 100704. <<NOTE: 15 USC 9594.>>  REVIEW AND REPORT BY
                                  COMPTROLLER GENERAL.

        Not later than 4 years after the date of enactment of this Act, the
    Comptroller General of the United States shall--
                (1) conduct a thorough review of the programs carried out
            under this division; and
                (2) submit to Congress a detailed report of the findings of
            the Comptroller General of the United States under the review
            carried out under paragraph (1), which shall include--
                        (A) <<NOTE: Evaluation.>>  an evaluation of the
                    effectiveness of the programs in achieving the purposes
                    of this division;
                        (B) a description of any failure by any recipient of
                    assistance under this division to comply with the
                    requirements under this division; and
                        (C) <<NOTE: Recommenda- tions.>>  recommendations
                    for any legislative or administrative action that should
                    be taken to improve the achievement of the purposes of
                    this division.
    SEC. 100705. <<NOTE: 15 USC 9595.>>  BIANNUAL REPORTS;
                                  RECOMMENDATIONS.

        (a) <<NOTE: Web posting.>>  Biannual Report.--Not later than 1 year
    after the date of enactment of this Act, and 90 days after the last day
    of each odd-numbered year thereafter, the Under Secretary shall submit
    to Congress, and publish on the website of the Agency, a report of each
    activity of the Agency carried out under this division during the period
    covered by the report.

        (b) Recommendations.--The Under Secretary shall periodically submit
    to Congress and the President recommendations for legislation or other
    actions that the Under Secretary determines to be necessary or
    appropriate to promote the purposes of this division.

    [[Page 135 STAT. 1467]]

    SEC. 100706. <<NOTE: 15 USC 9596.>>  SEPARABILITY.

        If a provision of this division, or the application of a provision
    of this division to any person or circumstance, is held by a court of
    competent jurisdiction to be invalid, that judgment--
                (1) shall not affect, impair, or invalidate--
                        (A) any other provision of this division; or
                        (B) the application of this division to any other
                    person or circumstance; and
                (2) shall be confined in its operation to--
                        (A) the provision of this division with respect to
                    which the judgment is rendered; or
                        (B) the application of the provision of this
                    division to each person or circumstance directly
                    involved in the controversy in which the judgment is
                    rendered.
    SEC. 100707. <<NOTE: 15 USC 9597.>>  EXECUTIVE ORDER 11625.

        The powers <<NOTE: Determination.>>  and duties of the Agency shall
    be determined--
                (1) in accordance with this division and the requirements of
            this division; and
                (2) without regard to Executive Order 11625 (36 Fed. Reg.
            19967; relating to prescribing additional arrangements for
            developing and coordinating a national program for minority
            business enterprise).
    SEC. 100708. <<NOTE: 15 USC 9598.>>  AUTHORIZATION OF
                                  APPROPRIATIONS.

        There are authorized to be appropriated to the Under Secretary
    $110,000,000 for each of fiscal years 2021 through 2025 to carry out
    this division, of which--
                (1) a majority shall be used in each such fiscal year to
            carry out the MBDA Business Center Program under subtitle B of
            title I, including the component of that program relating to
            specialty centers; and
                (2) $20,000,000 shall be used in each such fiscal year to
            carry out title III.

        Approved November 15, 2021.

    LEGISLATIVE HISTORY--H.R. 3684:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 117-70 and Pt. 2 (both from Comm. on Transportation
    and Infrastructure).
    CONGRESSIONAL RECORD, Vol. 167 (2021):
                June 30, July 1, considered and passed House.
                July 30, Aug. 1-5, 7-10, considered and passed Senate,
                    amended.
                Sept. 27, 28, Oct. 1, Nov. 5, House considered and concurred
                    in Senate amendment.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2021):
                Nov. 15, Presidential remarks.

                                      <all>